CA teachers can have sex with their students, as long as they’re over 18? That’s outrageous

A Morro Bay High School teacher has sex with one student and sends sexually explicit messages to another — and he’ll get away with spending just a couple of months in County Jail?

That appears to send a terrible message about how the District Attorney’s Office treats cases involving predatory teachers.

But there was a complicating factor in the case against 25-year-old Tyler Dale Andree, who was sentenced this week after pleading no contest to two felonies — having unlawful intercourse with a minor and contacting a minor for a sexual offense. Two other counts were dismissed.

Evidence was contradictory as to whether allegations occurred before or after the 18th birthday of one of the two victims. And according to San Luis Obispo County District Attorney Dan Dow, California does not have a law expressly forbidding teachers, coaches and other school employees from having sexual relationships with high school students who are over 18, which is the age of consent in California.

In other words, it’s morally reprehensible, and it’s professional suicide, but it’s not a criminal act for a teacher to have sex with a high school student over 18?

That’s outrageous.

It’s never OK for a teacher, bus driver, coach or any other person in a position of authority at a high school to have sexual relationships with students, no matter their age. Teachers are in the classroom to instruct, mentor and guide young people — not troll for sexual conquests among the older students.

Other states recognize that.

A few examples:

In New Jersey, it’s illegal for school employees or volunteers to have sex with high school students between 18 and 22 who have not received a diploma. According to news reports, the law was aimed primarily at students with special needs who may graduate later.

In Washington state, the Supreme Court ruled that student age doesn’t matter in teacher sex cases, even if the student is over 18.

In Michigan, where the age of consent is 16, it is illegal for a teacher to have sex with a student of any age.

A law proposed in California in 2012 would have made it a felony for a teacher or employee at a public elementary or secondary school “to engage in a sexual relationship or in excess and inappropriate communications” — no matter the student’s age.

The bill was inspired by a high-profile Modesto case involving a 41-year-old teacher who left his wife and three children to move in with an 18-year-old student.

Had it passed, anyone convicted under the law not only would have been punished by the court, they also would have lost their pensions and health care benefits.

The bill died in committee; at the time, the committee chair “suggested it might violate the rights of consenting adults,” the San Jose Mercury News reported then.

It’s time to try again.

By failing to pass a law forbidding behavior that’s clearly out of line, the Legislature is essentially giving cover to predatory teachers.

The rules have to be clear, and the consequences severe enough to signal that we won’t tolerate sexual abuse of students.

Otherwise, we’ll continue to see sentences comparable to or even lighter than what Andree got.

Had he been convicted of all four counts originally filed, he would have faced four years and eight months in state prison. Instead, he was placed on probation for two years and sentenced to 120 days in jail, but with automatic credits he’ll be out within two months.

In addition, his teaching credential has been suspended, and he will be required to register as a sex offender for 20 years. That will at least make it hard for him to ever be hired for another position where he’s around young people. That’s something.

But this has to end. It’s an embarrassment that California hasn’t already passed legislation closing a loophole that allows educators to escape prosecution if they have sexual relationships with students over 18.

We strongly urge lawmakers, including our local Assemblyman Jordan Cunningham and state Sen. John Laird, to act on this as quickly as possible.

This story was originally published July 23, 2021 at 8:00 AM.