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Employee, student relationships

Published (2/29/2008)
By Craig Green
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For many, it’s one of those relationships that is taken for granted. Teacher and student. But times have changed.

Speaking before the House Public Safety and Civil Justice Committee Feb. 26, Rep. Joe Atkins (DFL-Inver Grove Heights) said that as it is inappropriate for a teacher or a coach to have a sexual relationship with a student who is 17, it is inappropriate for a school employee to have a relationship with an 18-year-old.

HF2719, sponsored by Atkins, would prohibit sexual relations between school employees and students, including those 18- and 19-years-old. Approved by the committee, the bill is now headed to the House E-12 Education Committee. The Senate companion, SF3289, sponsored by Sen. Mee Moua (DFL-St. Paul), awaits action in the Senate Judiciary Committee.

Dakota County Attorney Jim Backstrom spoke of a recent case in Hastings where a high school coach began a relationship with a senior. The coach had been pursuing the young woman with hundreds of phone calls and text messages, before he began a sexual relationship with her.

The problem, Backstrom said, was that even though the young woman was still a high school student, she was 18. Legally there was nothing that could be done.

“This is unacceptable behavior in our society,” Backstrom said. Minnesota law currently states that the legal age for consensual sex is 16, and because of this, he said legislation is needed so that younger people cannot be taken advantage of in high school settings.

Rep. Mary Liz Holberg (R-Lakeville) questioned the scope of the bill’s language, which initially did not include any age limit for the student, and was not specific to the school setting. Amendments were added clarifying that a student must be under age 20, and the other person involved must be defined as a school employee or volunteer “in a position of authority.”

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