Boundary Issues
Maintaining Healthy & Professional
Relationships with Students
By Tim Palmatier
Kennedy and Graven
(612) 337-9304
tpalmatier@kennedy-graven.com
Defining Boundaries in TeacherStudent Relationships
 Relationship boundaries
 Emotional boundaries
 Power boundaries
 Financial boundaries
 Communication boundaries
 Expertise boundaries
 Personal boundaries
The Educator’s “Fiduciary”
Relationship
 A fiduciary relationship is “a special relationship
in which one person accepts the trust and
confidence of another to act in the latter’s best
interest.” “In such a relationship the parties do not
deal on equal terms. The fiduciary must act with
the utmost good faith and solely for the benefit of
the dependent party.” (Plaut 1993)
 Where there is a dual relationship (i.e. neighbor &
teacher) the professional relationship controls
Teacher Code of Conduct
 A teacher shall make reasonable efforts to protect the




student from conditions harmful to health and safety
A teacher shall disclose confidential information about
individuals only when a compelling professional purpose
is served or when required by law
A teacher shall take reasonable disciplinary action in
exercising the authority to provide an atmosphere
conducive to learning
A teacher shall not use professional relationships with
students, parents, and colleagues to private advantage
A teacher shall not knowingly make false or malicious
statements about students or colleagues
Selected Criminal Law Standards
 Minn. Stat. § 609.352: Solicitation of a Minor by
Electronic Media
 Minn. Stat. § 626.556: Sexual or Physical
Maltreatment
 Minn. Stat. § 617.23: lewd or lascivious behavior
 18 U.S.C. 2252 – Material Involving the Sexual
Exploitation of Minors
School Policy
 Anti-Harassment Policy
 Other Policies Mandating Professional Conduct
Within the School Environment
Mandatory Reporting – Who?
 A person who knows or has reason to believe a child is being neglected
or physically or sexually abused . . . or has been neglected or
physically or sexually abused within the preceding three years, shall
immediately report the information to the local welfare agency, agency
responsible for assessing or investigating the report, police department,
or the county sheriff if the person is: . . . a professional or
professional's delegate who is engaged in the practice of the healing
arts, social services, hospital administration, psychological or
psychiatric treatment, child care, education, correctional supervision,
probation and correctional services, or law enforcement
 Any person may voluntarily report known or suspected child abuse or
neglect. Minn. Stat. § 626.556, subd. 3(b)
Mandatory Reporting – What?
Physical Abuse: Any physical injury, mental injury
or threatened injury inflicted by a person
responsible for the child’s care on a child other
than by accidental means, or any physical or
mental injury that cannot reasonably be explained
by the child’s history of injuries, or any aversive
or deprivation procedures, or regulated
interventions, that have not been authorized under
applicable law.
Mandatory Reporting – What?
Sexual Abuse: “Sexual abuse” means:
a. The subjection of a child by a person responsible for the
child’s care, by a person who has a significant relationship
to the child, or by a person in a position of authority, to any
act which constitutes criminal sexual conduct. Sexual
abuse also includes any act involving a minor which
constitutes a violation of prostitution offenses. Sexual
abuse includes threatening sexual abuse.
b. “Sexual contact” means touching of the child’s intimate
parts or inducing the child to touch another person’s
intimate parts.
c. “Intimate parts” means genital area, groin, thighs, buttocks,
or breasts, including the clothing covering such intimate
parts.
Mandatory Reporting – What?
Neglect: failure by a person responsible for a child’s care to
supply a child with necessary food, clothing, shelter,
health, medical or other care required for the child’s
physical or mental health when reasonably able to do so,
failure to protect a child from conditions or actions which
seriously endanger the child’s physical or mental health
when reasonably able to do so, failure to provide necessary
supervision or child care arrangements appropriate for a
child, or failure to take steps to ensure that a child is
educated in accordance with state law.
Mandatory Reporting – What?
Corporal punishment: Hitting or spanking a student
with or without an object or the use of
unreasonable physical force that causes bodily
harm or substantial emotional harm are also
maltreatment.
Mandatory Reporting – What?
The standard that triggers the mandatory reporting
obligation is “reason to believe.” It does not
require knowledge that a child has been abused or
neglected.
Mandatory Reporting -- Liability
 A mandatory reporter who knows or has reason to believe that a child
is neglected or physically or sexually abused, or has been neglected
within the preceding 3 years, and fails to report is guilty of a
misdemeanor. Minn. Stat. § 626.556, subd. 6(a).
 A mandatory reporter who knows or has reason to believe that two or
more children not related to the perpetrator have been physically or
sexually abused by the same perpetrator within the preceding 10 years,
and fails to report is guilty of a gross misdemeanor. Minn. Stat. §
626.556, subd. 6(b).
 Mandated and voluntary reporters are immune from civil or criminal
liability that might result from their actions, if they are acting in good
faith. Minn. Stat. § 626.556, subd. 4(a)(1).
Mandatory Reporting -- Liability
 Any person who knowingly or recklessly makes a false
report shall be liable in a civil suit for any actual damages
suffered by the person or persons so reported, and for any
punitive damages set by the court or jury, plus costs and
reasonable attorneys’ fees. Minn. Stat. § 626.556, subd. 5.
 All school employees who permit access to children by an
agency responsible for investigation or assessment in good
faith are immune from civil or criminal liability.
Minn. Stat. § 626.556, subd. 4(a)(3).
 Failure to comply with the requirements of the mandatory
reporting law may be cause for discipline or termination of
employment.
Signs of Boundary Invasions
 Taking an undue interest in a student (i.e., having a





"special" friend or a "special relationship" with a particular
student).
Giving gifts or money to the student for no legitimate
educational reason.
Engaging in peer-like behavior with students (i.e., being
cool by being like one of the kids).
Favoring certain students by giving them special
privileges.
Favoring certain students by inviting them to come to the
classroom at non-class times.
Getting the student out of class repeatedly to visit the
teacher.
Signs of Boundary Invasions
 Talking to the child about problems that would normally be





discussed with adults (e.g., marital problems).
Telling the student "secrets" and having "secrets" with the
student.
Talking to the child about the child's personal problems.
Allowing the child to get away with inappropriate
behavior.
Being alone with the student behind closed doors at school.
Taking the student on outings, away from protective adults.
Signs of Boundary Invasions
 Giving students rides in the teacher's personal vehicle




without administrative approval.
Initiating or extending contact with students beyond the
school day for personal purposes.
Using e-mail, text-messaging, or websites to discuss
personal topics or interests with students.
Invading the child's privacy (e.g., walking in on the child
in the bathroom, locker-room, asking about bra sizes, or
previous sexual experiences).
Going to the student's home for non-educational purposes.
Signs of Boundary Invasions
 Taking the student on personal outings even with
the parents' permission.
 Inviting students to the teacher's home without
proper chaperones.
 Telling sexual jokes to students.
 Engaging in talk containing sexual innuendo or
banter with students.
 Talking about sexual topics that are not related to
curriculum.
 Showing pornography to the student.
Prevention
 Avoid even the appearance of impropriety
 Recognize the limits of your position
 Team with other staff when providing personal






assistance to students
Don’t play favorites
Link vulnerable students to professional assistance
Staff recognition of personal vulnerabilities and need
for professional assistance
Self report questionable or uncomfortable interactions
with students
Support and guide fellow staff members
Immediately Report suspected maltreatment and
other questionable parent-staff interactions