Government plans to press ahead with legislation to protect people in vulnerable positions from sexual advances by their superiors is almost certain to provide a rich seam of work for solicitors, especially employment lawyers.More than half the married population in the UK met their partners at work, according to recent government statistics.
But in some areas of employment it is now regarded as inappropriate and a breach of trust for certain workers to form relationships at the office, factory or school.
This includes teachers and their pupils, social workers and their clients, foster parents and their charges and probation officers and those on probation.Just before Christmas, the press reported that Geoffrey Johnson, a teacher at a northern high school for 31 years, had sex with pupils as young as 13, and married three former pupils.
He was jailed for six years.One the same day, the Sun newspaper carried snatched pictures of married teacher Paul Edmunds allegedly enjoying a clandestine affair with a 17-year-old former pupil.
His case is a classic example of the kind which might be covered by new laws criminalising intimate relationships between teachers and pupils.Last month, Renata Williams, a schoolteacher at a private boys' school, hit the headlines when she was acquitted of having sex with a 15-year-old pupil.
She would not therefore have committed any offence under any new rules, but her case highlighted the fact that had the boy been over the age of 16 she could not have been charged at all.
Earlier this year, teacher Michael Edson was reported to have run away with a schoolgirl aged 15.
He faces trial for indecent assault, and denies any intimate sexual relationship; but, again, if she had been over the age of 16, no charge could have been brought.And a few months before, Chris Woodhead, the chief inspector of schools, was the subject of wide media coverage over his relationship with a former pupil 20 years ago.
The media interest in the case continued even after the girl had made it clear that the relationship did not begin until after she had left school, highlighting the increasing level of public interest in the behaviour of teachers.It may be surprising to some that there is no legislation banning consensual relations between social workers and those for whom they are responsible, teachers and their pupils (over the age of 16), probation officers and the like.
It is probably more common for students to fall in love with, and form relationships with, their tutors and teachers than the statistics or the media suggest.Accusations of favouritism, abuse of trust, sexual harassment and even rape have followed so-called consensual relationships at work.
Banning or restricting such relationships not only safeguards the more vulnerable party but protects the other party, who may be open to accusations of exploitation and worse.A small number of UK employers, including Marks & Spencer, have laid down policies on forming relationships at work.
These dictate what the parties are expected to do in terms of reporting it and accepting a move so that they are not working together in the future.Because there exists a special bond of trust between a teacher and a pupil and social worker and client, while it may have been considered by some as unethical for such workers to form any kind of emotional or physical relationship with those whom they teach or care for, it has until now, been left to their good sense not to do anything that would be likely to damage or destroy that trust.In April last year, the government introduced a Bill which would have made it a criminal offence for anyone in a caring or teaching role to have any form of sexual relationship with anyone in their charge who was under the age of 18.
While the Sexual Offences (Amendment) Bill, was rejected by the House of Lords, the government has announced that it will introduce the same Bill in the next session of Parliament.The Bill would outlaw any sexual activity between those caring for young people or vulnerable adults and their clients; for example, social workers, foster parents and probation officers, in paid and unpaid work.
It will also include volunteers, regardless of whether they are in the public, private, voluntary or volunteering sectors.This would effectively create a new criminal offence in order to protect those under 18 years of age from forming inappropriate sexual relationships with those working in professions where such relationships would be regarded as an abuse of trust.The Home Office exhorts employers to provide clear rules about these kinds of relatio nships in order not only to protect the vulnerable schoolchild or client but also to protect the teacher or carer who may be vulnerable to unwanted attention from those who are placed in their care.It will be important for employers to include in their policies provisions to cover any requirement an employer might have for staff to report concerns about colleagues where it is known, believed, or suspected that prohibited relationships have been formed.
This should be linked to any whistle blowing policy the employer may have.
This part of the policy is analogous to requirements to report money laundering or any other financial irregularities or compliance or regulatory breaches, in the financial sector.It will be important for all employers of teachers, care workers, tutors and others - whether paid workers or volunteers - to incorporate guidance, rules and codes of conduct into all contracts of employment or contracts for voluntary workers, to ensure that they know what relationships are banned and what they are expected to do when they suspect or know that an illicit relationship has been formed.A TYPICAL POLICY FOR A COLLEGEThe relationship between student and lecturer (or supervisor) is an integral part of the educational development of the student.
In order that enquiry and learning can be facilitated, it must be supportive and characterised by good communication, trust and confidence.This policy is designed to protect, safeguard and promote the welfare of students, particularly those who might be vulnerable - whether socially, economically, physically or emotionally - and to protect them from the sexual attentions of their teachers, whose job it is to look after their welfare.
It should be recognised that students who form close friendships of this nature find themselves in relationships that are often unequal and potentially damaging.The policy also aims to protect people in positions of trust by preventing them entering into relationships deliberately or accidentally.
Any relationship of this nature is wholly inappropriate and will be regarded as gross misconduct for as long as the student remains a student at the college.
The college therefore expects good professional relationships between academic staff and students within the classroom and laboratory, in one-to-one tutorials and in social gatherings.
Lecturing and supervisory staff are not permitted to enter into sexual/romantic or other potentially incompatible relationships with students, because to do so:-- compromises the relationship of academic trust, or could reasonably appear to do so in the eyes of other students;-- might lead to allegations of favouritism;-- could lead to untrue allegations of sexual harassment if the lecturer wishes to end the relationship and the student is unwilling;-- could lead to a claim of sexual harassment by the student if the student wishes to end the relationship but the lecturer does not; and-- will soon become a criminal offence.Members of staff should be aware that such an abuse of professional relationships may also lead to complaints of sexual harassment.
Staff should note that it could prove exceedingly difficult to defend themselves against such complaints on grounds of mutual consent.New criminal lawGovernment Guidance published in 1999 makes it clear that teachers are in a position of trust which would be broken if they were to form or engage in a consensual relationship with a student or vulnerable person.
The Sexual Offences (Amendment) Bill is to be reintroduced into parliament and this will make it a criminal offence for any teacher or person in a position of trust where young persons or vulnerable people are in their charge, from having any form of inappropriate sexual relationship.What is prohibitedThe college regards not only a full sexual relationship but also any form of sexual activity or intimate friendship or relationship as a breach of this policy, wholly unprofessional, and potentially gross misconduct.
This includes, but is not limited to, any form of sexual activity such as kissing, fondling or a relationship of an intimate nature.It also covers making unwanted and persistent telephone calls to students at home, visiting their homes for social purposes or making any kind of unwanted advances such as constantly asking the student to accompany the lecturer for meals or the giving of lavish and expensive presents.
Where a student needs or asks for individual attention or extra help with work, it is perfectly acceptable for staff to arrange to meet the student after college hours to give whatever support is required.
However, it is inappropriate in most cases to visit students at home, ring them at home or see them outside college other than on legitimate college business.Homosexual and heterosexual relationshipsNo member of staff may form an intimate heterosexual or homosexual relationship with a student whether he or she teaches that student or not.Duty to report others' misconductThe college will have to rely on others reporting any concerns they might have about a colleague becoming attracted to a student or to someone in their care, for example, a tutor and his or her student.
If such a relationship does occur, it is the duty of any member of staff who knows or suspects that a breach of this policy has occurred, to report this immediately to either to his or her head of department and, where appropriate, to the student's union representative(s) or to the principal's department.In the case of a head of department, the principal or deputy principal should be informed in the first instance.
A member of staff who is in doubt about his or her position vis-a-vis a relationship with a student, or who has a concern, is encouraged to discuss this with a member(s) of the union and personnel and/or the head of department.For a member of staff to leave unreported a known or suspected sexual/romantic or other potentially incompatible association will be regarded as serious misconduct and could leave the member of staff who knows but does not inform, open to disciplinary action themselves.Please be in no doubt - any member of staff breaching the letter or spirit of this policy will be subject to the most stringent investigation and disciplinary measures, which include summary dismissal in the first instance.When the law is amended, criminal proceedings may also be taken against any lecturer or supervisor contravening this policy.
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