Delvin bill to protect students to age 21 from teacher sexual misconduct bill passed by Senate

March 3, 2009

OLYMPIA…Richland Sen. Jerome Delvin is one step closer to protecting every secondary school student in Washington from teacher sexual misconduct with today’s unanimous Senate vote for Substitute Senate Bill 5232.  

The bill would change current teacher sexual-misconduct laws to cover all students, including those who have reached the 21-year-old age limit for students in Washington public schools. 

“When the Legislature originally passed this law we obviously intended to protect all students from predatory teachers, regardless of the student’s age,” Delvin said. “Unfortunately the law was unclear. This bill clarifies the statute, stating that first-degree sexual misconduct involving a student means any student, age 16 to 21.”  

Washington’s sex offender laws cover those under age 16. Senate Bill 5232 applies to sexual misconduct on the part of any school employee against a student.  

Delvin introduced the bill in response to last summer’s dismissal of a Benton County Superior Court case involving former Richland High School teacher Allan Eve on a charge of first-degree sexual misconduct with a minor. The judge ruled that the definition of “minor” is too vague and may not include students over age 17. Eve was accused of having sex with an 18-year-old female student.

“Parents in the Tri-Cities – and all over Washington – were upset about that ruling, and for good reason,” Delvin said. “This loophole in the law allowed unscrupulous teachers to target students who were turning 18, and prepare them for a relationship. It’s the worst kind of breach of trust. I am determined to eliminate this loophole in the law, and keep every student safe.” 

SB 5232 now goes to the House of Representatives. 

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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