Legal Regulation of K-12 Educator Sexual Misconduct: A Comparative Analysis of U.S. Practices and Lessons for China

Abstract

In recent years, the alarming rise of educator sexual misconduct (ESM) in K–12 educational settings has exposed deep-seated deficiencies in the legal mechanisms intended to safeguard students. These offenses, far from being reducible to acts of mere sexual impulse, are often interwoven with asymmetrical power relations intrinsic to teacher-student interactions—relations that imbue such conduct with a distinct legal gravity and demand targeted statutory interventions. In contrast, a number of U.S. states have pioneered specialized legislative frameworks that not only criminalize ESM with precision but also define its constituent elements with exceptional clarity. This heightened doctrinal specificity enhances both prosecutorial clarity and judicial consistency, thereby distinguishing ESM from conventional sexual offenses under general criminal law. Moreover, contemporary American approaches increasingly integrate forward-looking regulatory mechanisms, including mandatory reporting statutes, institutional liability standards, and disciplinary sanctions tied to professional licensure—measures that collectively foster a more robust and preventative legal architecture. By critically engaging with these U.S. legal developments and adapting their core principles to align with China’s normative traditions and institutional contours, this paper endeavors to construct an integrated regulatory model capable of addressing educator misconduct in the Chinese K–12 context. In so doing, it aims to reinforce the juridical foundations of educational oversight and erect a resilient legal safeguard for the fundamental rights and dignity of minors in school environments.