Texas Education Agency v. B.B.

Facts: Our client B.B., was reported by his former school district after allowing him to resign based on an investigation into his communication with students. The district completed an investigation and found that he had several inappropriate communications with students, in person and over social media. The district found that he messaged a sexually explicit picture to a female student over social media, used swear words with students, referred to female facility in a derogatory manner, discussed inappropriate topics with students such as buying controlled substances and the physical appearance of female students and created a social media group used to discuss female students.

Outcome: After the board’s investigation, an informal settlement conference was held. Bertolino LLP presented evidence that explained the circumstances of some of the conversations he had with students. We argued that these conversations were misinterpreted and misheard and that some of the other incidents were pure gossip. Our client did admit to using social media with students and rationally explained his reasonings for doing so. He advised he does not use social media with students anymore. After considering the evidence and defenses, the Board offered B.B. a reprimand based on a single violation of using social media with students. The reprimand did not impact his certificate or hinder his ability to teach. It did not require him to complete any obligations, pay any fine or meet any conditions.