(a) (1) An educator shall not engage in any sexually related behavior with:(A) A student enrolled in the school or LEA in which:(i) The educator provides instruction to students, serves as an administrator, or performs any other official duties as an educator, regardless of whether the educator is employed or serves as a volunteer in a teaching or non-teaching role; or(ii) The educator has, within the immediately preceding twelve (12) months, provided instruction to students, served as an administrator, or performed any other official duties as an educator, regardless of whether the educator was employed or served as a volunteer in a teaching or non-teaching role; or(B) A student who, within the immediately preceding twelve (12) months, graduated or withdrew from, ceased enrollment in, or completed the highest grade level offered by the LEA or school in which the student was formerly enrolled, if, during the period for which the student was enrolled in the LEA or school, the educator provided instruction to students, served as an administrator, or performed any other official duties as an educator, regardless of whether the educator was employed or served as a volunteer in a teaching or non-teaching role.(2) Subdivision (a)(1) prohibits an educator from engaging in sexually related behavior with a student, with or without the student's consent, and applies to all sexually related behavior regardless of whether the sexually related behavior was communicated to or with the student verbally or nonverbally, or in a written, visual, auditory, physical, virtual, digital, or electronic format.
(1) An educator shall not engage in any sexually related behavior with:(A) A student enrolled in the school or LEA in which:(i) The educator provides instruction to students, serves as an administrator, or performs any other official duties as an educator, regardless of whether the educator is employed or serves as a volunteer in a teaching or non-teaching role; or(ii) The educator has, within the immediately preceding twelve (12) months, provided instruction to students, served as an administrator, or performed any other official duties as an educator, regardless of whether the educator was employed or served as a volunteer in a teaching or non-teaching role; or(B) A student who, within the immediately preceding twelve (12) months, graduated or withdrew from, ceased enrollment in, or completed the highest grade level offered by the LEA or school in which the student was formerly enrolled, if, during the period for which the student was enrolled in the LEA or school, the educator provided instruction to students, served as an administrator, or performed any other official duties as an educator, regardless of whether the educator was employed or served as a volunteer in a teaching or non-teaching role.
(A) A student enrolled in the school or LEA in which:(i) The educator provides instruction to students, serves as an administrator, or performs any other official duties as an educator, regardless of whether the educator is employed or serves as a volunteer in a teaching or non-teaching role; or(ii) The educator has, within the immediately preceding twelve (12) months, provided instruction to students, served as an administrator, or performed any other official duties as an educator, regardless of whether the educator was employed or served as a volunteer in a teaching or non-teaching role; or
(i) The educator provides instruction to students, serves as an administrator, or performs any other official duties as an educator, regardless of whether the educator is employed or serves as a volunteer in a teaching or non-teaching role; or
(ii) The educator has, within the immediately preceding twelve (12) months, provided instruction to students, served as an administrator, or performed any other official duties as an educator, regardless of whether the educator was employed or served as a volunteer in a teaching or non-teaching role; or
(B) A student who, within the immediately preceding twelve (12) months, graduated or withdrew from, ceased enrollment in, or completed the highest grade level offered by the LEA or school in which the student was formerly enrolled, if, during the period for which the student was enrolled in the LEA or school, the educator provided instruction to students, served as an administrator, or performed any other official duties as an educator, regardless of whether the educator was employed or served as a volunteer in a teaching or non-teaching role.
(2) Subdivision (a)(1) prohibits an educator from engaging in sexually related behavior with a student, with or without the student's consent, and applies to all sexually related behavior regardless of whether the sexually related behavior was communicated to or with the student verbally or nonverbally, or in a written, visual, auditory, physical, virtual, digital, or electronic format.
(b) As used in this section, “sexually related behavior” includes, but is not limited to, behaviors such as making sexual jokes or sexual remarks; engaging in sexual kidding, sexual teasing, or sexual innuendo; pressuring the student or former student for dates or sexual favors; engaging in inappropriate physical touching, groping, or grabbing; kissing; threatening physical harm; and committing a sexual offense or violent sexual offense, as those terms are defined in § 40-39-202.
(c) A violation of this section must be reported to the state board of education in accordance with its rules and constitutes a basis for educator license discipline.