A former teacher in the Pattonville School District in Missouri is facing charges of promoting and possessing child pornography. According to authorities, the former teacher allegedly kept a nude photo of a former student for several years (later returned), taken when the student was 16.

Police started investigating the former teacher after receiving complaints from other former students. According to the source:

During the investigation, police discovered a photo showing a nude girl inside a bathroom. One of [the teacher's] former students said the photo was of her and was taken when she was 16 years old. Police said [the teacher] kept the photo for years and sent it to the student. Police said [the teacher] admitted that he knew the photo was taken when the former student was underage.

According to the school, the former teacher was employed from 2006 to 2023. The school district claims it did not know of the investigation and that it received no complaints about the former teacher while he was employed.

https://www.ksdk.com/article/news/crime/former-pattonville-teacher-child-sexual-abuse-charges/63-8d6477c4-a208-4996-8289-e250b4d8749e

Commentary and Checklist:

The taking or requesting a nude or partially nude image of a minor is illegal sexual exploitation of a child. The perpetrator in the source article may have taken the image, requested the image from the victim, or extorted the image by threatening the victim. Even if the victim sent the image to the former teacher under no duress, by keeping the image, the teacher would be considered in possession of child pornography – a federal crime.

The admission by the former teacher that he knew the image was of a minor is proof of intent to possess child pornography. If the victim sent the former teacher the image, even if unsolicited, and the former teacher kept nude image of the minor, then his actions would be considered possession of child pornography. 

Importantly, as a teacher and a mandatory reporter, the teacher was under an obligation to report the image to authorities.

As for liability to the school, the former teacher was employed for 17 years. The school's defense to any civil action will rest on whether the school had knowledge or should have had knowledge of the former teacher's improper interactions with students during his tenure at the school.

Although the school claims it received no formal reports of abuse against the teacher, it does not absolve the school district of liability if the district had knowledge of the teacher's interactions with students that should have been reported to authorities.

For example, a claim that the school knew or should have known that the former teacher was interacting with students at his home or the home of students without parents or guardians present would effectively pierce the defense that the former teacher's actions were unforeseeable.

What are additional steps schools can take to prevent student maltreatment?

• To prevent misconduct, make sure your school policies clearly outline appropriate boundaries for interactions between staff and students.
• Be intentional in your hiring practices, and strictly follow a comprehensive screening procedure for all workplace participants, even those with personal recommendations.
• Always include background checks, including criminal checks, child safety, and verification of certifications and personal references.
• Establish clear behavioral guidelines and expectations, and hold all staff members to these guidelines regardless of their position.
• Regularly train all staff members on your policies. Incorporate real-life examples when appropriate.
• Require workplace participants to report any suspected staff misconduct.
• Provide multiple reporting methods. Using a third-party reporting method helps achieve an objective and prompt response.
• Incorporate into employee training information on your state's mandatory reporting laws, including when and how to report to your state's law enforcement.
• Thoroughly document all procedures to promote student safety.
• Make sure you have sufficient numbers of adults at all times to watch students, but also to observe how other adults interact with students.
• Establish boundaries for digital communications. Do not allow digital communications between staff and students that do not include the students' parents and/or guardians.