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Ray
Ray, Employment lawyer
Category: Employment Law
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Experience:  30 years in Employment law
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Can a teacher and an administrator working in the same

Customer Question

Can a teacher and an administrator working in the same building be fired for having an affair. The administrator and teacher had a 2 year affair, while the teacher's spouse also worked in the same school. They all work in different schools now, but the spouse has now found out about the affair and is threatening to go to the superintendent.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
The answer here is yes as teachers and administrators have contracts in Indiana with morals clauses.The administration here if they were to find out about it would likely have grounds to terminate both using the morals clause in their employment contracts.
This would be considered termination for cause.The school district decides whether to do so.I am sure there is some discretion but if they were in the same school at that time to me it is very possible they would decide to terminate them.Also this might be considered sexual harassment by the administrator.They are held to a higher standard since they are in management.
Both have morals clauses or moral turpitude in their contract and this would violate that.A "moral turpitude" clause basically means that "anything else that you might do that the community thinks is wrong,"This would fall within that definition.
The administrator may be in the worst position because they were in a management position.But overall both are at risk here.
I appreciate the chance to help you today.I wish you the best.Thanks again.
Expert:  Ray replied 1 year ago.
If you can leave a positive rating it is always much appreciated.
I wish you the best here.I appreciate the chance to help you .
More reference for you here.
http://digitalcommons.law.byu.edu/cgi/viewcontent.cgi?article=1253&context=elj