Delvin determined to fix loophole in sexual misconduct law

January 20, 2008

OLYMPIA…In response to public outcry, Richland Sen. Jerome Delvin has introduced Senate Bill 5232, which would make it illegal for a teacher to have sex with any secondary school student between the ages of 16 and 21. (Sex offender laws cover those under age 16.) 

The state Court of Appeals recently ruled it is not unlawful for teachers to have sex with students who are 18 or older. The three-judge panel said a 2005 change made by the Legislature to Washington’s sexual misconduct law was too vague. 

“The Legislature intended to protect all students from predatory teachers,” Delvin said. “My bill clarifies this law, stating unequivocally that first-degree sexual misconduct involving a student means any student, age 16 to 21. It also sets a mandatory minimum sentence of five years in prison for any teacher so convicted.”

The controversy heated up last August when a Benton County Superior Court judge dismissed a charge of first-degree sexual misconduct with a minor against former Richland High School teacher Allan Eve. The judge in the case said the definition of “minor” is too vague. Eve was accused of having sex with an 18-year-old female student. 

State law lists three circumstances that constitute sexual misconduct:

1. Any supervisor who has sex with anyone they manage who is age 16 or 17.

2. Any teacher who has sex with a student who is at least 16.

3. Any foster parent who has sex with their foster child, who is at least 16.

The law concerning supervisors is limited to 16- or 17-year olds. The law involving teachers was seen as unclear because the title of the statute used the word “minor” and the text used the word “student.” The court explained that the term “minor” typically refers to a person under the age of 18.  The term “student” has been defined under Washington law to include persons under the age of 21.  Thus, the court found the statute to be unconstitutionally vague and could be interpreted as not including students 18 or older.

Several other teacher sexual misconduct cases have made the news, including former Hoquiam wrestling and football coach Todd Hoiness. In 2007 he was sentenced to five months in jail after pleading guilty to sexual misconduct with a minor. That case also involved an 18-year-old student.

The most recent case ruling cited above involved Matthew Hirschfelder, a Hoquiam High School choir teacher charged with first-degree sexual misconduct with a minor for having sex with a graduating senior in 2006.  

Delvin’s bill has strong teacher support since it reinforces the Code of Professional Conduct for the Office of the Superintendent of Public Instruction.

“I’m ready and willing to fight for our kids’ safety, and I intend to win with the people’s help,” Delvin said. “Call or e-mail as many legislators as possible and ask them to vote for Senate Bill 5232 or House Bill 1013, a companion bill introduced by Representative Haler.  We need to keep every student safe – no exceptions.” 

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Sen. Delvin represents the 8th Legislative District, which includes
Richland, Kennewick, Benton City, and Prosser.

Additional contact: Pat Albright at (360) 786-7519 or albright.pat@leg.wa.gov