As discussed in "Partner Expulsions for Public Conduct: An Agency Perspective," agents can be dismissed for
conduct that is likely to damage the principal’s enterprise
Rest. 3rd. Agency, § 8.10 (Duty of Good Conduct). In Lehto v. Board of Education, C.A. No. 07A-08-007 (DE Dec. 2, 2008), the Delaware Supreme Court affirmed the dismissal of a teacher in the public schools on the grounds of immorality. The teacher was found to have engaged in sexual relations with a former student, who was still a minor. In the view of the Court, while dismissal for off-campus conduct required
such immorality as may reasonably be found to impair the teacher’s effectiveness by reason of his unfitness or otherwise[,]
id. at 7 (quotation marks and citations omitted) the sexual relationship with a former student who was still a minor
Here, part of Lehto’s job as a teacher was to serve as a role model for his students. Because a teacher’s interpersonal relationships are observed by and reflected in the conduct of students, teacher-student relationships must be kept within the bounds of acceptable conduct. If proven, Lehto’s sexual contact with a minor directly related to his fitness to teach other minors and impacted the school community. There was a proper nexus between his alleged off-duty conduct and his fitness to teach.
Id. at 11.
Hat tip to Francis G. X. Pileggi, Delaware Corporate & Commerical Litigation blog.
posted by Gary Rosin