Claims of sexual harassment are stressful for anyone in a managerial capacity to handle, but they can be particularly tough for school administrators working to do their best by teachers and students while complying with Title IX on top of state, local and federal laws surrounding this delicate subject.
Sexual Harassment in the Workplace
When a teacher comes forward with a claim of sexual harassment, either from a student or a co-worker, it’s not always easy for administrators to navigate the legal and ethical minefield it creates. Since it’s also vital to create a culture among faculty and staff which encourages coming forward, since the U.S. Equal Employment Opportunity Commission estimates 25 percent to 85 percent of women, in particular, have experienced workplace harassment, but only 25 percent of incidents are reported. Low reporting rates may be attributable to fear of retribution; the same task force report indicates up to 75 percent of those who reported such treatment in the workplace were subjected to retaliation.
How to Proceed When a Teacher Alleges Sexual Harassment
Because Title IX compliance is understandably a concern for school administrators in the middle of a sexual harassment case, obtaining legal counsel is usually a wise course of action.
Title IX specifically protects students from sexual harassment from other students and from faculty, but it does not protect teachers from harassment. If a teacher is being sexually harassed, they’re not afforded Title IX protections. If a teacher is reporting the sexual harassment of a student, either by another student or a coworker, however, it does come into play.
Under section Title IX of the Education Amendments Act of 1972, faculty and administrators of a school receiving federal funding must work to create a space where steps are actively taken to prevent and remedy sex-based discrimination. This means a teacher is mandated to report sex- and gender-based harassment if they have knowledge of such behavior, and administrators are required to take further action.
As an administrator or principal, you want to foster learning and curiosity on your campus, not a culture of sex-based harassment and fear. This means taking allegations seriously and working to handle them in accordance with all applicable laws. Sometimes it also means working with experienced and knowledgeable legal counsel.
We understand how difficult and painful any sexual harassment claims can be for all involved parties, particularly in an education setting. If you’re not sure how to proceed in the face of such a situation, contact Martin Gasparian at the Maison Law Firm for the legal expertise you need in a difficult time.
