What is at stake is its effect on teaching. However, community moral standards do count in such judgments. Hence, conduct that will result in dismissal in some communities may pass without notice in others. It is the effect on the job that counts, not the time or place of the conduct. Students are not adversely affected by behavior of which they are unaware.
Courts seem to insist only on reasonable argument that adverse effects are possible and likely.
In cases where teachers become sexually involved with students or minors, courts are likely to find the actual or prospective harmful consequences to be self-evident. We lack any very clear understanding about how the character or moral behavior of teachers affects the character or moral behavior of students. J.S. Mill and Bruce Ackerman. The most just society is that which produces the greatest happiness for the greatest number. The right to interfere in someone's life depends on the consequences of that person's act.