NSW public school teachers to be banned from sex with ex-students

NSW is the only state which does not explicitly ban teachers from romantic relationships with former students, even if they are of legal age.

EXCLUSIVE

Public high school teachers will be banned from having sex with former students as part of a shake-up of the Department of Education’s official staff Code of Conduct.

While teachers are currently barred from intimate relationships with current students, NSW is the only state in the country which does not explicitly ban teachers from embarking on romantic relationships with former students even if they are of legal age.

Education Minister Sarah Mitchell said the new rules to be introduced from early next year would clearly state engaging in relationships with former students was forbidden.

“It will be considered misconduct for staff to engage in relationships with former students,” she said.

“The new code of conduct will clarify whether interactions after a student leaves school is misconduct on behalf of the teacher.”

Education Minister Sarah Mitchell said the new rules would clearly state engaging in relationships with former students was forbidden. Picture: Damian Shaw

A discussion paper released by the Department of Education said that the power imbalance between a student and teacher does not immediately end once a teen graduates even if they are over 18 years of age.

“All education systems across Australia except NSW have developed policy and procedures about intimate relationships between adults where a staff-student relationship once existed,” the Code of Conduct Discussion Paper states.

It outlines in other states that teachers cannot simply say the sexual relationship began after the student left school, saying teachers hold positions of power and responsibility even after the student has left.

“Guidance material in all jurisdictions except NSW explicitly refer to the significant power imbalance between teachers and students. They also state that such an imbalance does not necessarily cease after the student has left school.”

Central Coast P and C Association president Sharryn Brownlee welcomed the new rules, saying sexual relationships between teachers and students were not an urban legend.

Central Coast P and C Association president Sharryn Brownlee welcomed the new rules. Picture:Peter Clark

“People are naive if they don’t think this happens, everything they can put in place to hold people who have frontline contact with young teenage boys and girls should be used,” she said.

“Every other state has it, NSW has been very slow in this space. Students and young people’s lives must matter the most so we must catch up.”

She said the new code must be written into a teacher’s employment contract so it could be enforced.

“If the Minister is serious about doing something to stop this happening they need to write this into the next industrial award.”

Other items the new code will be revealed next year but will consider the existing rules around forming social relationships with students outside school of school hours.

“It has been suggested that the Code lacks clarity about whether it is inappropriate for an employee to form a relationship with a student, irrespective of location or school setting,” the discussion paper said.

Catholic Schools NSW already has a policy on relationships with former students which states “extreme care” must be taken before a teacher enters into a relationship.

It notes teachers must not have “used his or her position to develop and maintain a personal or intimate relationship with the student before the student left the school.”

The Association of Independent Schools has no overarching policy on relationships with former students but left it to individual schools to set their own rules.