If you’re accused of having an improper teacher student relationship with a student in Dallas, you face a second-degree felony punishable by 2 to 20 years in prison and fines up to $10,000. At Varghese Summersett, our Dallas criminal defense attorneys have successfully defended teachers, coaches, and school staff against these allegations. Call 214-903-4000 for a free consultation.
Being accused of an improper relationship with a student will upend your life. The moment an allegation surfaces, you’ll be placed on administrative leave. If an arrest follows, your freedom, career, and reputation are all at stake. These cases require experienced legal representation and, often, reputation management to address media attention.
In this article, Board Certified Criminal Attorney Benson Varghese explains the law, potential penalties, and possible defenses. We also answer frequently asked questions about this offense.
What Is an Improper Relationship Between Educator and Student Under Texas Law?
An improper relationship between an educator and student occurs when any school employee engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a student. This offense is defined under Texas Penal Code Section 21.12.
The law applies to everyone who works at a primary or secondary school, not just teachers. Coaches, counselors, custodians, bus drivers, teacher aides, and principals can all face charges under this statute. The student’s age and consent are irrelevant. Even if the student is 18 or older, the relationship is still illegal.
Texas lawmakers wrote this statute broadly to cover multiple scenarios. You can be charged if you:
- Work at the student’s school: Any sexual contact with a student enrolled at your school violates the law, regardless of whether you directly teach or supervise that student.
- Hold a teaching certificate and work in the same district: Certified educators can face charges for contact with any student enrolled in a public primary or secondary school within their district.
- Provide educational services at sponsored activities: If you work with students at district-sponsored events where primary or secondary students are the main participants, you can be charged for improper contact with those students.
- Engage in online solicitation: The law also covers online solicitation of a minor when the employee knows the person is a student in their district or a participant in educational activities where they provide services.
If you or a family member has been accused of this offense, call 214-903-4000 for a free consultation with a Dallas lawyer at Varghese Summersett today.
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What Are the Penalties for Improper Relationship Between Educator and Student in Texas?
Improper relationship between an educator and a student is a second-degree felony in Texas. The punishment range includes 2 to 20 years in prison and a fine of up to $10,000.
Beyond prison time and fines, a conviction carries severe collateral consequences. You will lose your teaching license and certification. Your pension and retirement benefits may be forfeited. Future employment in education will be virtually impossible, and many other career paths will be closed to you with a felony conviction on your record.
With decades of combined experience defending educators and school employees, our team at Varghese Summersett understands what’s at stake. We fight aggressively to protect your freedom and your future.
Does an Improper Relationship Conviction Require Sex Offender Registration?
Under current Texas law, a conviction for improper relationship between an educator and student does not require sex offender registration. This is accurate as of 2025, but lawmakers introduce bills nearly every legislative session attempting to change this.
However, if you’re charged with related offenses such as aggravated sexual assault of a child or online solicitation of a minor, those convictions do require sex offender registration. Always consult with an experienced Dallas criminal defense attorney to understand the current registration requirements under Texas Code of Criminal Procedure Chapter 62.
Learn more about sex offender registration in Texas.
What Are the Defenses for Improper Relationship Charges?
Being charged with an improper relationship does not mean you will be convicted. Our defense team will thoroughly investigate your case, challenge the prosecution’s evidence, and build the strongest possible defense on your behalf.
Effective defense strategies may include:
- Challenging the evidence: We examine how evidence was collected, whether proper procedures were followed, and whether the evidence actually supports the allegations.
- Contesting witness credibility: We investigate the backgrounds and motivations of witnesses, looking for inconsistencies in their statements.
- Examining the circumstances: Context matters. We look at the full picture surrounding the allegations to identify weaknesses in the prosecution’s case.
- Demonstrating no relationship existed: When allegations are false, we gather evidence to prove no improper contact occurred.
Texas law also provides specific affirmative defenses. Under Section 21.12, it is an affirmative defense if:
- The student and employee were legally married at the time of the offense.
- The employee was not more than three years older than the student, and the relationship began before the employee started working at the school.
Why Do False Accusations Against School Employees Happen?
False accusations against school employees can destroy careers and reputations. Understanding why they occur can help you protect yourself.
Misunderstandings or misinterpretations account for many false allegations. Innocent interactions between educators and students can be perceived as inappropriate, especially when professional boundaries aren’t clearly defined or when a third party observes only part of an interaction.
Malicious intent drives some accusations. Personal vendettas, grudges, or deliberate attempts to harm an educator’s reputation can lead to fabricated claims.
Emotional or psychological issues in students sometimes manifest as false accusations. A student may seek attention, attempt to deflect from their own misconduct, or act out due to emotional distress unrelated to the accused employee.
Peer pressure can influence students to make untrue allegations. The desire to fit in with certain social groups or pressure from friends may lead to false claims.
Mistaken identity occasionally results in accusations against the wrong person, though this is less common.
How Can School Employees Protect Themselves From False Accusations?
Taking proactive steps can help protect your career and reputation as a school employee.
Maintain professional boundaries. Be intentional about keeping interactions with students appropriate and professional. Exercise caution with social media, and avoid personal conversations that could be misinterpreted.
Document your interactions. Keep records of communications, meetings, and any unusual incidents involving students. This documentation can become critical evidence if you’re ever falsely accused.
Follow school policies. Adhere strictly to your school’s code of conduct and reporting procedures. Report any concerning behavior through proper channels immediately.
Avoid one-on-one situations. When possible, don’t be alone with a student. If a private conversation is necessary, hold it in an open, observable area or with another adult nearby.
Build strong professional relationships. Positive relationships with students, colleagues, and parents create a network of people who know your character and can speak to your professionalism.
Get legal help immediately if accused. If you’re wrongfully accused, contact an experienced criminal defense attorney before speaking with school officials or police. Do not make voluntary statements without legal counsel present.
Stay calm and professional. False accusations are emotionally devastating, but maintaining composure throughout the process protects your interests and demonstrates your professionalism.
What Are the Reporting Obligations for School Officials in Texas?
Texas law requires school officials to report accusations of improper relationships. Under Texas Education Code Section 21.006, any school district employee with credible information about an improper relationship must report it within seven business days.
The report must go to both the school district’s superintendent and the Texas Education Agency (TEA). The district must then promptly investigate. If the investigation finds evidence supporting the allegations, the district must report those findings to the TEA.
Failing to report carries serious consequences for school employees. Penalties may include termination, revocation of teaching certification, administrative fines, and potential criminal charges.
Will My Name Be Released to the Media If I’m Accused?
Under Texas Penal Code Section 21.12(d-1), your name will not be publicly released unless you are indicted for the offense. Once an indictment occurs, the accusation can be reported to school members, the community, and the media.
This is why early intervention by an experienced defense attorney matters. At Varghese Summersett, we work to resolve cases before indictment whenever possible, and our reputation management team helps address media attention if your case becomes public.
Contact a Dallas Lawyer for Improper Teacher-Student Relationship Today
At Varghese Summersett, we understand how much is at stake when you’re accused of an improper relationship with a student. Our criminal defense team includes multiple board-certified attorneys with decades of combined experience defending educators and school employees throughout the Dallas-Fort Worth area.
We will protect your rights, thoroughly investigate the allegations, challenge weak evidence, and build an aggressive defense tailored to your situation. Our reputation management team can also help address media attention and protect your public image.
Don’t wait. Call us today at 214-903-4000 to schedule a free consultation with a Dallas lawyer for improper teacher-student relationship cases. Your future is too important to leave to chance.
Frequently Asked Questions About Improper Relationships Between Educators and Students
What constitutes an improper relationship between educators and students in Texas?
An improper relationship refers to any sexual contact between an educator or school employee and a student enrolled in primary or secondary education. The student’s age and consent are irrelevant. This offense is prohibited under Texas Penal Code Section 21.12.
What is considered “sexual contact” under Texas law?
Sexual contact means any touching of the anus, breast, or any part of the genitals of another person with the intent to arouse or gratify the sexual desire of any person.
What is a primary or secondary school in Texas?
Primary schools include kindergarten through fifth or sixth grade, depending on the district. Secondary schools include middle schools (grades six through eight) and high schools (grades nine through twelve).
What is the statute of limitations for improper relationship between educator and student?
The statute of limitations is three years from the date of the alleged offense.
Can an improper relationship allegation be made by anyone?
Yes. Students, parents, school staff, or members of the public can report suspected improper relationships. School districts and law enforcement take all reports seriously and conduct thorough investigations.
What should I do if I’m falsely accused of an improper relationship with a student?
Contact an experienced criminal defense attorney immediately. Do not speak with school officials or police without legal counsel present. An attorney can protect your rights, gather evidence to refute false allegations, and guide you through the legal process.
