State Senator Owen H. Johnson (4th Senate District, Babylon), Chairman of the Finance Committee, joined members of the New York State Senate Majority Conference in calling for Assembly action on legislation he is cosponsoring that would prohibit school employees or volunteers from engaging in sexual conduct with a student, regardless of the student’s age. The bill (S.1116-B) passed the Senate unanimously on February 26, 2008 and is supported by the New York State District Attorneys’ Association. “All students, regardless of age, should have protection from school employees or volunteers who may try to use their position of power to influence the student into having a sexual relationship,” said Senator Johnson. “It’s wrong regardless of how old the student is and our state law should recognize this. I hope that the Assembly will follow the Senate’s lead and act on the bill before this session ends.” The call for Assembly action came at a Capitol news conference where members of the Majority Conference were joined by Heidi Roosa, whose 17-year-old daughter was involved in a relationship with her Independent Study program teacher Leon Almeida while she was a student at the Spackenkill School District. Almeida encouraged her to run away with him, quit school and sever contact with her family. Because she was over the age of consent, the Roosas had no legal recourse. "Parents in New York should be able to send a 17 or 18 year old to school without fear that teachers can engage in state-sanctioned sexual relationships with older students,” said Heidi Roosa. “The Senate has voted twice to change current law to better protect all students -- regardless of age. It is time for the Assembly to take pending legislation out of committee, put it to a vote, and decide whether or not they will continue to give teachers who abuse their position-of-trust a free pass to have sexual relationships with older high school students." In 2006, Franklin County District Attorney Derek P. Champagne was faced with a similar situation where a teenage girl was involved in a detrimental relationship with a teacher at her school. Because there was no appropriate statute, he had no power to prosecute the teacher. Since that incident, DA Champagne has been actively involved as an advocate for this legislation. “Many prosecutors have found themselves in this situation, and the power and control a teacher has in these cases is immense,” said District Attorney Champagne. “Imagine meeting with parents who think their teens are safe from predators while at school, only to find out that a teacher twice their age is manipulating them. We have legislated against this behavior in prisons, mental health facilities, and residential care, yet we still have a gaping hole when it comes to our own children and grandchildren.” Twenty-two other states have recognized the seriousness of this issue and criminalize sexual misconduct between students and teachers.
“All students, regardless of age, should have protection from school employees or volunteers who may try to use their position of power to influence the student into having a sexual relationship,” said Senator Johnson. “It’s wrong regardless of how old the student is and our state law should recognize this. I hope that the Assembly will follow the Senate’s lead and act on the bill before this session ends.”
The call for Assembly action came at a Capitol news conference where members of the Majority Conference were joined by Heidi Roosa, whose 17-year-old daughter was involved in a relationship with her Independent Study program teacher Leon Almeida while she was a student at the Spackenkill School District. Almeida encouraged her to run away with him, quit school and sever contact with her family. Because she was over the age of consent, the Roosas had no legal recourse.
"Parents in New York should be able to send a 17 or 18 year old to school without fear that teachers can engage in state-sanctioned sexual relationships with older students,” said Heidi Roosa. “The Senate has voted twice to change current law to better protect all students -- regardless of age. It is time for the Assembly to take pending legislation out of committee, put it to a vote, and decide whether or not they will continue to give teachers who abuse their position-of-trust a free pass to have sexual relationships with older high school students."
In 2006, Franklin County District Attorney Derek P. Champagne was faced with a similar situation where a teenage girl was involved in a detrimental relationship with a teacher at her school. Because there was no appropriate statute, he had no power to prosecute the teacher. Since that incident, DA Champagne has been actively involved as an advocate for this legislation.
“Many prosecutors have found themselves in this situation, and the power and control a teacher has in these cases is immense,” said District Attorney Champagne. “Imagine meeting with parents who think their teens are safe from predators while at school, only to find out that a teacher twice their age is manipulating them. We have legislated against this behavior in prisons, mental health facilities, and residential care, yet we still have a gaping hole when it comes to our own children and grandchildren.”
Twenty-two other states have recognized the seriousness of this issue and criminalize sexual misconduct between students and teachers.
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