Case law teachers dating students
In 2001, the law was changed to make it illegal for teachers to engage in sexual activity with pupils at their school aged under 18.
But Miss Keates said the abuse of trust law had gone too far in cases where the relationship started after a pupil had reached the age of consent.
A hearing on the motion to dismiss was adjourned pending the appeals decision in the Mc Conney case.
That hearing will now resume with new arguments from the attorneys.
Assemblywoman Kristin Olsen, R-Modesto, who sponsored the bill, accused committee members of siding with predators.
“The committee today stood up for predators and union bosses instead of students,” Olsen said in a phone interview.
"A teacher had sex with a public school student," Carey said after Ferencz's ruling.
"This conduct, as determined by our Legislature, is illegal." On Friday, the state Appellate Division agreed with the prosecutor.
"Teachers stand as surrogate parents during the day (and should be) educating, not endangering, and protecting, not exploiting vulnerable children," the appellate judges wrote in deciding the prosecutor had met his burden in charging official misconduct.
“We will continue to work hard to make sure that California passes this bill or something similar.” Olsen’s bill would have made it a felony for a high school teacher to have a relationship with a student, regardless of the student’s age.
It also would have stripped offending teachers of their pensions and retiree health care benefits. The bill was prompted by the relationship of teacher Christopher Hooker and student Jordan Powers.
Mc Conney's attorney, Tim Smith, Friday afternoon issued a statement condemning the decision.
"On appeal, the Government employed the unscrupulous tactic of relying upon facts and evidence outside the scope of the Grand Jury presentation, the sufficiency of which was the sole subject of the appeal," Smith said in a statement emailed to NJ Advance Media.
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The two appeared on national talk shows this year and maintained they didn’t have a sexual relationship until she turned 18.