Charged With a Child Sex Crime? Start With a Careful, Confidential Defense.

Child Sex Crimes Defense Lawyer, Frisco: School Job Risks

The short answer: employment and criminal cases move on separate tracks

The criminal case is handled by prosecutors and courts. The employment decision is made by the district under its own policies and contract terms.

A district does not have to wait for a verdict before it acts on an allegation. Whether it acts, and how fast, depends on the facts: your contract, the district’s policy, the stage of the criminal case and the specific allegations.

That is why many educators ask whether a school district can fire me before a child sex crime case ends Texas. The two tracks run side by side. A decision on one track does not automatically decide the other.

How the criminal case and the employment process differ

The criminal case belongs to the State and the court. Prosecutors decide what to file, and the court handles bond and hearings on its own schedule. The school district is not a party to that case.

The employment process is different. The district decides whether to place you on leave, reassign you, or propose ending your employment. It follows its own policies and any notice steps those policies require.

Those steps run on the district’s timeline, not the court’s. Because the two decision-makers apply different standards, a district can act while the criminal case is still open. The district does not need a conviction to start its process.

Administrative leave and what the district’s notice can and cannot tell you

Administrative leave is a job status. It is not a finding of guilt. Being on leave does not mean the district has decided the facts against you.

The wording of the district’s notice matters. Read it for three things. First, the action it proposes, such as leave, reassignment, nonrenewal or termination. Second, the deadline it sets for a response or hearing. Third, the date you received it.

Those dates control what happens next, so write them down the day you get the notice. Do not treat the notice as complete until you have read every page and attachment. Ask in writing for any allegations, the policy the district cites and the steps it will follow.

Reporting duties that can start the district’s process

An accusation can reach a district through a report, and state law limits who the district may name. Under Texas Penal Code § 21.12, a school or the entity that runs it may not release to the general public the name of an employee accused of committing an offense under this section until that employee is indicted for the offense.

The statute has exceptions. A school may release the name of an accused employee, regardless of whether the employee has been indicted, as necessary to report the accusation to the Texas Education Agency, another state agency, or local law enforcement, or as otherwise required by law; to the school’s members or community in accordance with the school’s policies or procedures or with the religious law observed by the school; or to conduct an investigation of the accusation. It may also release the name when it conducts an investigation.

The same statute protects the student. The name of an enrolled student involved in such a relationship may not be released to the public, and it is not public information.

So a report and an employment action can happen at the same time. Keep both tracks in view from the start.

Bond conditions and school access: why a charge can affect your job

Bond conditions can keep you away from a campus. That can stop you from working even before any employment decision is made.

Under Texas Penal Code § 25.07, violating a bond condition is an offense in a family violence, sexual assault or abuse, or related case. The condition must relate to the safety of a victim or the community. The offense includes going to or near a child care facility, residence or school where a protected child normally resides or attends, if the order or bond condition specifically describes that place.

That is a concrete way a case can affect employment regardless of its merits. A court order that bars you from a school may stop you from reporting to your assignment. Read every bond paper carefully. Contact Barbieri Law Firm to review what each bond condition requires before you return to any campus.

The charge and its felony grade: why districts take these allegations seriously

Each charge carries its own felony grade, elements and possible defenses. The grade shows how seriously the State treats the charge and which punishment range applies.

Educator-student conduct is covered by Texas Penal Code § 21.12. An employee commits an offense by engaging in sexual contact, sexual intercourse or deviate sexual intercourse with an enrolled person at the school where the employee works. The offense is a second-degree felony.

Subsection (b-1) of Texas Penal Code § 21.12 sets out affirmative defenses to prosecution under this section. The actor was the enrolled person’s spouse at the time of the offense, or the actor was not more than three years older than the enrolled person and, at the time of the offense, the actor and the enrolled person were in a relationship that began before the actor’s employment at a public or private primary or secondary school.

Other charges carry different grades. Under Texas Penal Code § 21.11, indecency with a child by sexual contact is a second-degree felony. Indecency by exposure is a third-degree felony.

Under Texas Penal Code § 22.021, aggravated sexual assault is a first-degree felony. The minimum prison term rises to 25 years in certain cases, such as when the victim is younger than 10. Under Texas Penal Code § 21.02, continuous sexual abuse requires two or more acts of sexual abuse during a period of 30 or more days, by an actor 17 or older, against a child younger than 14 or a disabled individual. It is a first-degree felony punishable by life or 25 to 99 years.

Each of these charges has its own elements and defenses. Have the charging papers reviewed against the district’s notice.

Steps to take before you respond to the district

Before you respond to the district in writing or on the record, contact Barbieri Law Firm. A statement made for the employment review can affect the criminal case, and a statement made to police can affect the job.

Practical steps help protect your position:

• Do not give a written or recorded statement about the allegation to the district, a principal, an investigator or a coworker until you have spoken with your lawyer.
• Ask for the district’s policy, the notice and any written allegations in writing.
• Calendar every response deadline and hearing date. Count from the date you received the notice.
• Preserve messages, contracts, evaluations and schedules. Keep a written log of conversations about the matter, with dates, times and who was present.
• Line up your district response with your criminal defense plan, so that a statement made for one track does not hurt the other.

Talk with Barbieri Law Firm about your situation

If you were placed on leave, handed a notice of proposed termination, or told about an investigation while a child sex crime charge is pending, you do not have to sort out both tracks alone. Barbieri Law Firm, based in Frisco, defends people accused of child sex crimes, sex crimes and related charges across Collin County, Dallas-Fort Worth and Texas. We will review the charge with you and explain your options.

Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization.

A free initial consultation is confidential and carries no obligation to continue. Call (972) 424-1902, or send your case details through the contact page.

No lawyer can promise an outcome. This page is general information, not legal advice for your case.

Frequently asked questions

The steps follow your contract and the district’s own policy.