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is conclusively the result of a misuse of authority," the judge wrote.
Thompson wrote that because of how the law is written, courts are unable to determine: "It is this court's finding that the law grants these students the capacity to consent until and unless there is some showing that authority was used to obtain illegitimate or coerced consent," Thompson wrote.
Therefore, if an individual gift is offered, before accepting it, the teacher must confirm that the giver did not contribute to the class gift.
A gift given to a teacher to use solely in the classroom or to buy classroom supplies is not considered a gift to the teacher personally, and is, therefore, not subject to the limit on personal gifts to teachers.
Thompson cited student-teacher sex laws in other states that he believes are constitutional. Those laws either implicitly address sex between students and employees who exercise power over them, or students and employees at the same school.
"This court acknowledges that a disparity of power may inherently exist in a teacher/student relationship, but it clearly does not exist in every school employee and every student regardless of where that student is enrolled," Thompson wrote.