NC House toughens penalty for teachers charged with sex crimes with students

North Carolina school employees would face tougher penalties for sex crimes with students under legislation approved Wednesday by the state House.

The “Protect Our Students Act” was unanimously passed by lawmakers who said it’s needed due to cases of teachers and other school employees who’ve been arrested and convicted of sexual misconduct. Rep. John Torbett, the bill’s primary sponsor, said more than 20 teachers a year have lost their license due to misconduct, not including other employees accused of sex crimes.

“This is one of those bills I’d rather not be here presenting but there’s a need,” Torbett, a Gaston County Republican, said Wednesday.

House Bill 142 makes it a Class G felony for a school employee who is convicted of sexual activity with a student or taking indecent liberties with a student. The bill also makes it a Class I felony for school leaders who fail to promptly report the misconduct to the State Board of Education.

The bill now goes to the state Senate.

Grooming of students

The bill had been requested by State Superintendent Catherine Truitt, who told lawmakers that social media is allowing for “grooming” of vulnerable students.

At a legislative committee meeting in February, Truitt said 124 North Carolina teachers had their licenses suspended, revoked or voluntarily surrendered for sexual misconduct with students between January 2016 and October 2022.

There are more than 90,000 teachers in North Carolina.

Truitt also pointed to other cases of school employees who’ve been charged or are actively being investigated for sexual misconduct.

For instance, a now-former Southeast Raleigh High School teacher was charged last week with taking indecent liberties with a student.

Earlier this month, a now-former coach at Lake Norman High School in Mooresville was charged with sex crimes against six more student athletes.

Truitt also cited a 2004 U.S Department of Education report that found as many as one in 10 students may be subjected to some form of sexual harassment from teachers during their K-12 careers.

Under the bill, school employees could be charged with a crime if they start a sexual relationship within six months of the student leaving school. Truitt had told lawmakers that many of the cases she’s reviewed in license revocation decisions involved cases that began after a student has graduated.

Reporting misconduct

The legislation also puts more of an onus on school leaders to report licensed employees such as teachers who engage in misconduct. The state can revoke the licenses of teachers.

The bill says superintendents, assistant superintendents, associate superintendents, personnel administrators or principals must report any teacher who they know or have reason to believe has engaged in misconduct resulting in dismissal, disciplinary action or resignation.

The school leaders would have to report the misconduct to the State Board of Education within five days of dismissal, determination of disciplinary action or acceptance of resignation of the employee. Failure to report misconduct would be a felony.

“I do understand and I know that some school administrators are concerned about the increase in penalty as this raises the penalty from a misdemeanor to a felony,” Torbett said. “But I would only suggest this. If you are following the law, you have absolutely nothing to worry about.”

The legislation would require school districts and charter schools to show middle school and high school students a video produced by the Center for Safer Schools about sexual abuse.