The "two-way" teacher-student love affair was determined not to constitute sexual harassment or sexual assault, but the teacher involved still faced administrative punishment. The court explained that the main reason was that there was a power imbalance between teachers and students, and even if they were in love, it might affect the fairness of education. (situational photo)
Two high school vocational teachers developed "two-way teacher-student relationships" with their students, and even had sexual intercourse. Although the Sex Education Committee determined that it did not constitute sexual harassment or sexual assault, the two still faced administrative punishment. The court explained that there is an imbalance of power between teachers and students, and even if they are in love, it may affect the fairness of education; lawyer Ye Yaoqun said that it is difficult to test whether students have "sincere consent" to a relationship, and the Gender Equality Education Law also stipulates that teachers who violate professional ethics related to sex will face administrative penalties.
Two teachers, Ms. Lin and Mr. Li, used to teach at Nanfang High School respectively, but they fell in love with students and had sex with students after and before graduation respectively. Although the Sexual Affairs Commission determined that the two did not meet the standards of sexual harassment and sexual assault, Ms. Lin still affected her performance due to her poor moral character. Mr. Li was dismissed and banned from employment for life. The two also lost the administrative lawsuit.
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Regarding the congenial teacher-student relationship, why is it not in line with teachers’ professional ethics? The court also gave the answer in the reasons for the judgment of the two people.
In Ms. Lin’s case, the collegial panel held that there is a special job relationship between teachers and students. If the two parties develop an overly close relationship, it may cause other students to have suspicions of favoritism, and may even dare not express opinions or seek relief for fear of receiving unfavorable grades and other treatment. Therefore, the intimate relationship between teachers and students will not only affect the two parties involved, but also affect the right to education and educational fairness of other students on campus.
As for Li Nan’s case, the collegial panel believed that regardless of whether sexual harassment and sexual assault were established, teachers should not exclude their due professional ethical responsibilities, not to mention that Li Nan also used his position as a tutor to establish an intimate relationship with his students, and the relationship between the two parties lasted for one and a half years, which will inevitably have a profound impact on the students’ future.
Ye Yaoqun, a lawyer at Heyao International Law Firm, explained that there is a power gap between teachers and students, so it is often difficult to test afterwards whether the student's "consent" was completely free of will. In addition, if the relationship between the two changes or the student wants to withdraw from the relationship, the power in the hands of the teacher may turn into pressure, and it is often difficult for the student to escape unscathed.
Ye Yaoqun said that, therefore, whether students sincerely agree to a relationship cannot be the same as ordinary people due to the unequal power relationship between teachers and students. Teachers are also lovers, graders, and instructors. Even if they think they are fair, it will be difficult to convince other students and the outside world, and the foundation of fairness on campus will also be damaged.
Regarding teachers’ ethics, Ye Yaoqun pointed out that Article 32 of the Teachers Law states that teachers must actively protect students’ rights and interests in education, coach students to have a sound personality, strictly abide by their duties, and promote teachers’ ethics. However, the power structure of teacher-student love is unequal, so it should not be allowed.
In terms of legal constraints, Ye Yaoqun pointed out that the current criminal law for teacher-student relationships only covers sexual intercourse "against the will" of powerful people, but if the student is over 16 years old and does not violate his will, there are no relevant provisions. In addition, the Gender Equality Education Law also expressly stipulates that if "principals or faculty members violate professional ethics related to sex or gender" they will face administrative penalties.
For related news, please see:
Teacher-Student Love Controversy 2-1》It’s not okay to be in love! Female teachers have sweet sex, and male teachers have secret love and cannot escape punishment
