Professional Boundaries and appropriate Relationships between Employees and Students

Professional Boundaries and Appropriate Relationships Between Employees and Students #4047:

School district employees and student teachers or interns (“employees”) are responsible for conducting themselves professionally and for teaching and modeling high standards of behavior and civic values, both at and away from school. Employees are required to establish and maintain professional boundaries with students and must have appropriate relationships with students. They may be friendly with students, but they are the students’ teachers, not their friends, and they must take care to see that this line does not become blurred. This applies to employees’ conduct and interactions with students and to material they post on personal web sites and other social networking sites including, but not limited to, Instagram, Facebook, and Twitter. The posting or publication of messages or pictures or other images that diminish an employee’s professionalism or ability to maintain the respect of students and parents may impair his or her ability to be an effective employee. Employees are expected to behave at all times in a manner supportive of the best interests of students.

Sexual Relationships Prohibited

Employees are prohibited from engaging in any relationship that involves sexual contact or sexual penetration with a student while the student is a current student and for a minimum of one year after the date of the student's graduation or the date the student otherwise ceases enrollment. Sexual contact has the same meaning as in section 28-318, and sexual penetration has the same meaning as in section 28-318.

Grooming Prohibited

Employees are prohibited from engaging in grooming with students. Grooming means building trust with a student and individuals close to the student in an effort to gain access to and time alone with the student, with the ultimate goal of engaging in sexual contact or sexual penetration with the student, regardless of when in the student’s life the sexual contact or sexual penetration would take place.

Unless an employee can clearly and convincingly demonstrate a legitimate educational purpose, grooming behaviors and related conduct that are a violation of this policy include, but are not limited to:

• Communicating about sex when the discussion is not required by a specific aspect of the curriculum.

• Joking about matters involving sex, using double entendre or making suggestive remarks of a sexual nature.

• Displaying sexually inappropriate material or objects.

• Making any sexual advance, whether written, verbal, or physical or engaging in any activity of a sexual or romantic nature.

• Kissing of any kind.

• Dating a student or a former student within one year of the student graduating or otherwise leaving the district.

• Intruding on a student’s personal space (e.g. by touching unnecessarily, moving too close, staring at a portion of the student’s body, or engaging in other behavior that makes the student uncomfortable).

• Initiating unwanted physical contact with a student.

• Communicating electronically (e.g. by e-mail, text messaging, or through social media) on a matter that does not pertain to school.

• Playing favorites or permitting a specific student to engage in conduct that is not tolerated from other students.

• Discussing the employee’s personal issues or problems that should normally be discussed with adults.

• Giving a student a gift of a personal nature.

• Giving a student a ride in the employee’s vehicle without first obtaining the express permission of the student’s parents or a school administrator.

• Taking a student on an outing without first obtaining the express permission of the student’s parents or a school administrator.

• Inviting a student to the employee’s residence without first obtaining the express permission of the student’s parents and a school administrator.

• Going to a student’s home when the student’s parent or a proper chaperone is not present.

• Repeatedly seeking to be alone with a student.

• Being alone in a room with an individual student at school with the door closed.

• Any after-school hours activity with only one student.

• Any other behavior which exploits the special position of trust and authority between an employee and student.

This list is not exhaustive. Any behavior which exploits a student is unacceptable. If in doubt, ask yourself, “Would I be doing this if my family or colleagues were standing next to me?”

Communication Between Employees and Students

The preferred methods for employees to communicate with students are in-person and school email. Employees may use the following personal communication systems to communicate with students: school email; SeeSaw; Google classroom; Canvas; Remind app; Facetime; Zoom; text; Voxer. A personal communication system is a device or software that provides for communication between two or more parties and is capable of receiving, displaying, or transmitting communication. Personal communication system includes, but is not limited to, a mobile or cellular telephone, an email service, or a social media platform.

Employee communications with students through a communication system generally are to be sent simultaneously to multiple recipients and not just to one student. The burden to demonstrate the appropriateness of a communication with a student only shall rest with the employee.

Reporting a Policy Violation

Anyone may report suspected grooming, other unacceptable employee conduct, or any violation of this policy as follows:

School District. Reports may be made to a principal, the superintendent, or the Title IX Coordinator in person, by mail, by telephone, or email.

Nebraska Department of Education. Reports may be made at: Nebraska Department of Education, Attn: Certification Investigations’ Office, P.O. Box94933, Lincoln NE 68509 or

Nde.investigations@nebraska.gov. Nebraska Department of Health and Human Services. Reports may be made by

calling the Child Abuse and Neglect Hotline at (800) 652-1999.

Law Enforcement. Reports may be made to the county sheriff at (402) 759-4441 or the Nebraska State Patrol at (800) 525-5555.

An employee is required to make a report to a principal or the superintendent if the employee reasonably believes that another employee has violated or may have violated this policy. Minor concerns or violations shall be reported within 24 hours. Major concerns or violations shall be reported immediately. Violations committed by or concerns about the superintendent shall be reported to the school board president.

A student who feels his or her boundaries have been violated should directly inform the offender that the conduct or communication is offensive and must stop. If the student does not wish to communicate directly with the offender or if direct communication has been ineffective, the student should report the conduct or communication to a teacher, administrator, counselor, the Title IX coordinator, or other school employee with whom she or he feels comfortable.

Retaliation Prohibited

Retaliation for good faith reports or complaints made as a result of this policy is prohibited. Individuals who knowingly and intentionally make a false report shall be subject to discipline as provided by district policy and state law.

Policy Violations

Any violation of this policy by an employee may result in disciplinary action up to and including dismissal from employment and/or referral to the Nebraska Department of Education, which may result in the suspension or revocation of the employee's certificate. Any violation involving sexual or other abuse will result in referral to the Nebraska Department of Health and Human Services, law enforcement, or both.

Policy Verification

Employees shall verify that they have received, reviewed, and understood this policy by signing an acknowledgment document indicating the same.

No Limits on Reports to NDE

Nothing in this policy shall be construed to limit any certificated employee's duty to report any known violation of the standards of professional practices (Title 92, Nebraska Administrative Code, Chapter 27, commonly known as Rule 27) adopted by the Nebraska Board of Education.

Adopted on: 14 July 2021