| (a) Solicitation of sexual contact--Deliberate or repeated
acts that can be reasonably interpreted as the solicitation by an
employee of a relationship with a student that is sexual in nature.
Solicitation of sexual contact is often characterized by a strong
emotional or sexual attachment and/or by patterns of exclusivity but
does not include appropriate relationships that arise out of legitimate
contexts such as familial connections or longtime acquaintance. The
following acts, considered in context, may constitute prima facie
evidence of the solicitation by an employee of sexual contact with
a student:
(1) behavior, gestures, expressions, or communications
with a student that are unrelated to the employee's job duties and
evidence a sexual intent or interest in the student, including statements
of love, affection, or attraction. Factors that may be considered
in determining the intent of such communications or behavior, include,
without limitation:
(A) the nature of the communications;
(B) the timing of the communications;
(C) the extent of the communications;
(D) whether the communications were made openly or
secretly;
(E) the extent that the employee attempts to conceal
the communications;
(F) if the employee claims to be counseling a student,
the commissioner of education may consider whether the employee's
job duties included counseling, whether the employee reported the
subject of the counseling to the student's guardians or to the appropriate
school personnel, or, in the case of alleged abuse or neglect, whether
the employee reported the abuse or neglect to the appropriate authorities;
and
(G) any other evidence tending to show the context
of the communications between employee and student;
(2) making inappropriate comments about a student's
body, creating or transmitting sexually suggestive photographs or
images, or encouraging the student to transmit sexually suggestive
photographs or images;
(3) making sexually demeaning comments to a student;
(4) making comments about a student's potential sexual
performance;
(5) requesting details of a student's sexual history;
(6) requesting a date, sexual acts, or any activity
intended for the sexual gratification of the employee;
(7) engaging in conversations regarding the sexual
problems, preferences, or fantasies of either party;
(8) inappropriate hugging, kissing, or excessive touching;
(9) providing the student with drugs or alcohol;
(10) violating written directives from school administrators
regarding the employee's behavior toward a student;
(11) suggestions that a romantic relationship is desired
after the student graduates, including post-graduation plans for dating
or marriage; and
(12) any other acts tending to show that the employee
solicited sexual contact with a student.
(b) Abuse--This term has the meaning assigned by Texas
Family Code, §261.001(1).
(c) Private school--A non-public school that offers
a course of instruction for students in Texas in one or more grades
from Prekindergarten-Grade 12 and is:
(1) accredited by an organization that is monitored
and approved by the Texas Private School Accreditation Commission;
(2) listed in the National Center for Education Statistics
database; or
(3) a child care provider that is licensed by the Texas
Health and Human Services Commission.
(d) Employee--A person who is employed by a school
district, district of innovation, charter school, service center,
or shared services arrangement and does not hold a certification issued
by the State Board for Educator Certification under Texas Education
Code, Chapter 21, Subchapter B.
(e) Nonprofit teacher organization--An organization
approved by the commissioner of education to participate in a tutoring
program under Texas Education Code, §33.913.
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