LogFAQs > #895390291

I don't care about hypotheticals. I care about what actually happened in this case. At least here, 21 year olds can still be enrolled in public school. And I fully admit there are problems with a 22 year old teacher dating a 21 year old student at the same school. At the same school. No one should be arrested over a hypothetical situation.

If she were transferred to his school, the situation would change. She'd either need to stop dating him, or quit. That didn't happen, though. Hypothetically, a 22 year old teacher could be dating a 21 year old student from another state, but the student may move and wind up going to this teacher's school. Should that teacher be arrested because the 21 year old could possibly end up as a student at the teacher's school?

That this teacher could possibly have in the future been at the same school as the student is something that isn't that important until it actually happens.

Because of the power dynamics involved, I do agree that it should be a crime for a teacher to have relations with a student at their school, regardless of whether the student is yet an adult. It should not be a crime for a teacher to have relations with an adult student who does not go to the same school, though. Those same power dynamics that make it so troublesome simply don't exist. It's simply two adults deciding they want to be together.

If the teacher has a contractual obligation not to go out with any student still in high school, then that should be treated as a breach of contract, and not a crime. A breach of contract does not have to mean a crime was committed.
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