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The story.
There was some type of "inappropriate sexual contact" between a 17 year old boy and a 14 year old girl on a band trip. But we don't know the act, if they were boyfriend/girlfriend, or whether it was consensual. Does it matter? For the band director, heck yeah. (Note: news stories will always call it "abuse" or "assault" even if the act is consensual if the act still constitutes a crime.)
The Penal Code makes it illegal to commit certain sexual acts with a minor who is under 17. But if the minor is 14 years or older, it's not a crime so long as the acts were (1) consensual, and (2) the accused is within three years of age of the "victim." So if the acts were consensual, we don't even know if the 17 year old committed a crime until we get a calender out. (Being three years and 1 day older takes you outside of the statute.) And I don't think you can expect a band director to know the details of the law. It could be that he didn't think it was a crime at all.
So until we know what the band director was told, it's a little hard to judge him. But I'm sure he's not feeling judged today at all.
Edit: Here's the statute.
And "abuse", by definition, includes consensual sexual contact with a person under 17 by someone three years or older that that person. But if all the band director knows is a 17 year old and a 14 year old are have had sex, does he have "cause to believe" that the law is being broken? For all he knows, she might be 14 years and 11 months old and he might be 17 years and 1 day old. If that's the case, the kid is safe and no crime was committed. You guys feel free to convict the band director under those circumstances, but I won't. (And, to further complicate it, he would have the additional defense that, regardless, she wasn't "adversely affected" within the meaning of the statute.)
We're not talking about whether he broke school policy. We aren't talking about whether he should be suspended. We aren't even talking about what is the morally correct thing to do when he learned of the conduct. We are, however, talking about the government trying to convict him of a crime for not reporting. It's easy to forget that he didn't touch anybody.
But if it's non-consensual between the two kids, the band director has trouble.
17 comments:
I bet he is fired or ran out of town before the full details even emerge. There is no more innocent until proven guilty.
Yes of course it matters whether it wss consensual! If it is not consensual, then he should have taken action. Age doesn't even matter in that case.
Not knowing "The details of the law" isn't a defense to prosecution or termination and a 14 year old can not give consent under the law.
The 17 year old and Band Director are in hot water.
That story gives a whole new meaning to "One time, at band camp...".
Male school teacher + sex scandal (even if he's not involved) = dismissal and tarnishing of his reputation forever. In the future, people won't know what happened other than "he was involved in some type of sex scandal involving an underage girl." Wrong, unjust and stupid. But reality.
"Mental" health. Can you imagine how many times teachers, including band directors, would have to report on a daily basis each incident they see, hear about, think they know about, or suspect has happened that "adversely affects" the mental well being of a teenager?
Seriously, do Teachers not have enough shit to deal with already? Now he has to deal with this? I dont think you could possible pay me enough money to be an educator today.
Okay, what Anonymous person at 1:23 said, minus the not paying me enough money to be an educator today, cause, well, you know, I am working on getting my master's degree in just that as we speak.
No kidding, 1:23. Everyone's ready to jump on the poor teacher! Boys and girls have been "doing it" on school trips since school was invented! People need to get a grip. If they don't like that 14 yr. old girls now have sex, then keep your head in the sand, because it's not uncommon now, and the girls are just as guilty and agressive as the boys.
Good luck Candace,I got my masters in baiting at Lake Bridgeport then I went on to become a Seaman.
Maybe the band director can contact Dorothty Rabinowitz at the WSJ.
So how does a junior high school girls end up pregnant every day and nobody gets arrested for not reporting that to the police? She couldn't get pregnant without a crime being committed. This guy should have reported but you need to call CPS to see how they pick and choose what they investigate.
School employees are only "responsible" for reporting such incidents if they occurred on school grounds or within a certain radius of school grounds, or on a school trip/event. However, school employees are also held responsible if any abuse of any kind has been done/ is occurring to a student of any age, and they don't report it to the authorities when they hear of it. This bus driver was responsible according to law. He should have reported it as soon as he heard of it.
Consensual sex between teenagers...oh come now, Barry, you know that teens can do just as they please to other teens without any regard for the law. I know you believe that, because you took a job to defend it.
It will cause every spouse, brother, uncle, et. al. of a coach to scream bloody murder and personally attack me, but Ok Candice, here's the deal based upon 30+ years of public ed. experience.
Schools are run by people who have "Adminstration" certificates. That is all the training that is required to become a public school administrator. Yes, cont. ed. is expected and workshops are offered to keep up w/ finance, policy changes etc. which are required to keep the job as a supt., but no work expeience in any capacity other than three years of classroom teaching is required to become an adminstrator.
By and large, these certificates are held by people who start out their careers as coaches, predominantly football coaches. Most of them couldn't but back to back post dist. appearing teams together even if three teams go to the playoffs from each dist. But give them 5-10 years of drawing X's and O's and four or five summers teaching drivers ed.(why is it only coaches seem to teach drivers ed.?), and w/ the previously mentioned certificate, they become principals and supts. Never mind that they are certified by who? People who started their careers as COACHES!!!!
So coaches who were likley mediocre coaches at best become administrators and then teach other coaches to become adminitrators, still using the same model of education that was developed in the late 19th century. And at most small schools, the rank and file classroom teacher will tell you if there is one subgroup of employees who enjoy the "perks" of a job, it is the COACHES. Heck, Decatur even had one back in the mid '90's doing the horizontal mombo w/ a student and the person got demoted from HS coach to MS coach, case closed.
I know this is an over generalization, but if you were to survey the administrators of 3A and smaller ISD's in Texas, I would bet you a $100 bill that >80% were coaches before they were anything else. And once you are part of "The Brotherhood" you are taken care of, unless you are so incompetent that you can't cover your tracks. (Ever here of an English teacher asking a coach to change a students grade or assignment?)
I know there are some VERY GOOD supt. and principals in Wise county that started as coaches, but by and large the synopsis which I have described is the rule. And when you look at the way Texas schools operate as a whole, there is more than enough evidence to tie the state of our ISD's educational systems, good or bad, to this one group of "educators".
And that's from a someone who has helped train Dr.
s, lawyers, and Indian chiefs and dealt with the double standard for 25+ years.
5:10 I bet they wished for a turf field and indoor work out field.
And if you don't get it then run someone for the school board that will get it for you.
5:10, I'm sorry....did I hear correctly? You helped train Indian chiefs??????
Would like some clarification on that, because your post lost all validity when you stated that without any support. But, here's your chance!
Yes 10:24...my first job in 1982 was on a Cheyenne reservation in Southeastern Montana/Northwestern Wyoming. I did 2 years of mission work, and undoubtabley @ least one of my many students has become some level of tribal chief.
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