Legislative Story

House Bill Looks to End Student/Teacher Relation Loophole

In Washington State it is currently legal for teachers to have consensual sexual relations with 18-year-old students.

In April 2007, Matthew Hirschfelder, a former Hoquiam High School choir teacher, was charged with first-degree sexual misconduct after allegations of sexual relations with a Hoquiam senior.

Last month, a three judge panel in the Washington State Court of Appeals dismissed the case because Washington State law prohibits sexual relations with those under the age of 18.

The ruling in the Hirschfelder case has many citizens in Washington State calling for a change in the interpretation of the law, said Rep. Larry Haler R-Richland.

In Haler’s town of Richland, a similar case occurred when a music teacher from Richland High School had his case dismissed after a judge dropped a sexual misconduct charge ruling the sexual act was legal because the alleged victim’s age was 18.

Shortly after the panel ruled in favor of Hirschfelder, Haler proposed a bill, at the request of the Richland School District, in order to change the so called “loop-hole” in Washington State law.

“The students in our schools deserve to be safe in their learning environment,” Haler said. “There is a certain level of trust involved in a student/teacher relationship, a trust that shouldn’t be violated.”

House Bill 1013 was first read in the Jan. 20 session in Olympia, and after some revisions of the bill, it was later renamed House Bill 1385.

The original bill called for all students up to the age of 21 to be protected, but because of the importance to get the bill passed Haler agreed to lower the minimum age to 20.

“Potentially it could be a bad thing to have the age lowered to 20 instead of the original 21,” Haler said. “In some cases, for whatever reason, there are those students who don’t graduate high school until a few years after they turn 18.”

In Pullman, there have been no reported cases of sexual misconduct between teachers and students at Washington State University or Pullman School District.

“We are well aware of the happenings in Olympia regarding House Bill 1385,” said Pullman School District Superintendent Paul R. Sturm. “Teachers who become involved sexually with students violate their trust with those around them while also compromising their professionalism. If an incident of this nature would occur in our district, I can assure you that teacher would have no future with Pullman School District.”

Washington State University’s 2008 faculty manual prohibits students and faculty members from sexual relations if the faculty member has any influence over the student. If any faculty member is caught violating the terms of the sexual conduct policy they would face sanctions using university due process.

The bill wouldn’t apply to college students under the age of 18 because of the maturity and freedom college students have compared to their high school counterparts, said Haler.

The incidents at Richland and Hoquaim High Schools are part of a trend as more than 100 separate incidents, a majority of them occurring on the west side of Washington, have taken place over the last two years, said Haler.

In most of the incidents, Haler said the students involved didn’t report the act until either after the student graduated or after the teacher moved to another school district.

The bill must still be passed through the Washington State legislature. Governor Christine Gregoire must then sign it to become a law, but the response from across the state and support from fellow politicians in Olympia have Haler feeling confident.

“If everything goes to plan the bill should become a law in July, just in time for the 2009-10 school year,” Haler said. “This whole process has been a challenge, but at the same time very exciting.”

Sources:

Rep. Larry Haler 360-786-7986

Paul R. Sturm 509-332-3881

Elaine Voss 509-335-4532 (Not Attributed)