Keeping Students Safe: Where Should Teachers Draw the Line between Sex and Students?

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By Chelsea Kopta

Summary

A Richland high school teacher will face one less sex charge because a judge said the law isn't clear. It cleared the way to say sex with a student is legal, if the student is 18.

Story Published: Aug 22, 2008 at 4:40 PM PST

RICHLAND -- The line has always been clear: sex between teachers and students is illegal. But Allan Eve's case blurs that line.

"I think this is clearly something that most communities thought was illegal," Richland School District Attorney Galt Pettett said.

A judge ruled Eve didn't commit a crime by having sex with a student because she was 18. The law doesn't clearly define the student as a minor, according to the judge.

"This seems to fly in the face of keeping our kids safe," Richland School Superintendent Jean Lane said.

"This should be unlawful, regardless of age, if a student's enrolled in school,"

Every high school campus has dozens of 18 year old students, with parents who expect school to be a safe haven. This ruling could affect your kids.

"I don't think it will impact the school that much because we're already going to do what's in the best interest of the kids," Pettett said. "I think it shows the need for our legislators to reexamine this statute."

You shouldn't expect workshops or extra classes cracking down on sex scandals in schools, Pettett said.

Rather, he said the burden in on the books: changing the statue versus changing schools.

"I have no doubt that this would be on the school board in their legislative agenda," he said. "I have no doubt. In fact, I wouldn't be surprised if that was at the top of the list."

It would be up to lawmakers to fix the lines that could be blurred.

So will Allan Eve teach again in Washington State?

"I think that is highly unlikely," Pettett said.

Eve still faces two other charges

If he's convicted on those charges, it would be a violation of his teaching certificate.

That could be revoked by the state.

Action News went to Eve's home for comment.

No one answered the door.