How to Deal With Sexual Harassment from a School Employee

School should be a safe place for all students and employees. However, when a school employee engages in sexual harassment, school can feel extremely unsafe for the students and employees they target. Sexual harassment at school should be dealt with swiftly and decisively, in a way that maintains the safety and anonymity of the victims.

Part 1
Part 1 of 4:

Naming the Behavior as Harassment

  1. You will approach sexual harassment differently depending on whether you are a student or employee. If you are a student of the school and you are being harassed or assaulted, there are most likely no administrative barriers to you bringing a lawsuit. However, if you are an employee, your employment contract, or state law, may require you to go through administrative proceedings before you can bring a lawsuit.
    • If you have to take part in an administrative process, you will most likely have to file a complaint, go through an investigative period, receive a determination from the school, and possibly appeal. [1] All of this might need to be done before you can file a legal action.
  2. Sexual harassment is any unwelcome sexual advance, requests for sexual favors, or any other verbal or physical harassment that is sexual in nature. [2] . Let the perpetrator know that their behavior qualifies as harassment. [3]
    • The perpetrator probably won't expect you to explicitly call their actions harassment. That's why this is an important step. It can catch them off guard and let them know that you have power and agency in the situation.
    • Make honest, direct statements about the situation. Express that the behavior is unwanted. Say something like, “I did not ask you to touch me, and I don't like that. That is sexual harassment,” or, “My child feels uncomfortable about the comments you made about her body and her outfit. That is sexual harassment.”
    • You can do this whether you are the victim of the harassment, or are advocating for a victim, such as your child, student, or friend.
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  3. Be clear and direct. Demand that the behavior stop immediately. Be vocal about the steps you plan to take now, and the steps you'll take if the behavior continues. [4]
    • Say clearly, “Stop harassing me. Do not talk to me like that now, or ever again in the future.”
    • Say, “Stop looking at me that way. It's inappropriate and I'm going to speak to the principal about it now.”
    • Don't let the perpetrator make excuses or explain themselves. You are not obligated to listen to them. You can simply say, “I am not interested in your side of the story. I've heard what my child told me, and if you want to explain yourself, you can do so to the principal, since I plan to speak to them.”
  4. Sexual harassment can be as subtle as leering glances, or as overt as inappropriate non-consensual touch (i.e., sexual assault). There may be instances when it makes sense to wait before contacting a school official or when you need to call the police immediately. [5]
    • If there has been a sexual assault (i.e., inappropriate touching), contact the police immediately. Only after police have been involved should you talk with the school. This is why it is so important to understand the difference between sexual harassment and sexual assault.
    • Use physical as well as verbal responses to make your stance clear. Besides saying, “Don't touch me,” push their hand away and step back, distancing yourself from them.
    • While it's uncomfortable and inappropriate to call a student something like, “sweetheart” or “honey”, there may be cultural factors that lead an adult to think that it's harmless. You can let the adult know that these names are not acceptable to you and that you want them to stop. However, if these are their only offenses and they stop when asked, it may not be necessary to alert school officials.
    • Ultimately, it's up to the victim to determine how egregious the offense was, and what level of response they think is necessary. However, it's important that adults close to the situation act to protect other students from encountering the same behavior from the perpetrator.
  5. In the event that the incident goes before the school board or law enforcement, you want to have a written record of what has happened. It's possible that you may forget the details before you have a chance to state your case. [6]
    • If the student has reported the harassment to you, ask them as many questions as you can without causing them extra trauma. Write down the details of what they say.
    • If you are the student being harassed, write down everything you remember, including the times and dates and places of the offenses. Make a copy and give it to a parent, teacher or counselor whom you trust.
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Part 2
Part 2 of 4:

Reporting to School Authority

  1. All schools should have a policy on sexual harassment and the procedure for filing grievances. It should be readily available in the office or on the school's website. [7]
    • Follow the procedure as it's written in the policy. If you're a student, ask for help from an adult whom you trust. If you're a parent and need support, you may ask for help from the school's counselor, a member of the PTA, or even a lawyer.
  2. Each school district should have a human resources department you can go to to voice your concerns about school personnel. This should be the first place you go, even before talking to a principal. Human resources departments are usually more independent than other school employees, which may help make sure the allegations are taken seriously.
  3. Make sure that the principal or the vice principal knows what has happened. Regardless of the official policy, make sure that you submit some written documentation of the offense. [8]
    • If you write a letter or draft a list of offenses, make sure you keep a copy for yourself for your own records.
    • Under the law, the student has the right to anonymity and is protected from any kind of retaliation.
  4. Even if they seem tedious, make sure to follow through on the proper procedures for filing a grievance. This is important in order to make sure the case is dealt with properly. [9]
    • If you're going according to procedure but not being taken seriously, contact the school board or the department of education, if need be.
    • These processes can take an uncomfortably long amount of time. The student may need an alternative to attending class during the proceedings if it would put them in danger.
    • Following procedures is also critical because it will lay the groundwork for a lawsuit. In some cases a lawsuit cannot even be filed unless you have exhausted your other remedies. Going through these procedures will also help you build your case against the school employee.
  5. You may go through all of the proper procedures and the behavior may not change. If the school has disciplined the employee but the harassment continues, you must take further action. Document what you've done so far and bring that information to the school board. [10]
    • A particularly egregious offender may use the fact that they've been disciplined as a chance to play the victim or try to manipulate the student. If you see this happening, report it to the principal.
    • If the principal of the school seems complicit in the harassment, go immediately to the school board or department of education.
  6. Behavior such as sexual assault or discrimination is punishable by law and should not be tolerated under any circumstance. Prevent future infractions by making sure that criminal behavior is dealt with by law enforcement. Actions that are punishable by law include: [11]
    • Rape (including statutory rape, as defined by the age of the student)
    • Sexual assault (including any form of unwanted sexual touch)
    • Sexually motivated stalking
    • Discrimination based on gender, or as retaliation for rejecting sexual advances
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Part 3
Part 3 of 4:

Bringing a Lawsuit

  1. Before you bring any legal action against a school employee for sexual harassment, talk to a lawyer. A lawyer will help you through the litigation process and will ensure you follow the correct court procedures and get the most out of your case. If you do not know a good trial lawyer and cannot get a solid recommendation from family or friends, contact your state bar association. Each state bar has a lawyer referral service you can utilize and, after answering a few questions, you will be put in touch with qualified lawyers in your area.
    • Contact a few of the recommended lawyers and set up initial consultations. During these meetings, ask questions about the lawyer's expertise and make sure you feel comfortable hiring them.
    • Make sure you discuss fees with the lawyer before hiring them. While lawyers can be expensive, you usually get what you pay for.
  2. If you are a school employee, you may need to file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state labor board. The EEOC requires you to file a charge within 180 days of the harassment taking place. [12] By filing a charge, the EEOC will investigate your claims and make a determination. When you file, you may be asked to try and settle your dispute through mediation.
    • If you refuse, or if mediation is unsuccessful, your case will be passed along to an investigator.
    • If your claims are found to be legitimate, you will attempt to resolve the complaint and/or your case will be passed along to the EEOC legal team. If the EEOC does not file a lawsuit on your behalf, you will be able to do so on your own.
    • If the investigation turns up no evidence of harassment, you will be given an immediate right to sue. The EEOC will close your case and you can go to court. [13]
  3. You and your lawyer will sit down to discuss your case, which will lead to the filing of an official lawsuit. A lawsuit begins when you file a complaint. Your complaint will tell the judge and defendant why you believe a law has been violated. Your complaint will lay out exactly how you were injured and how the injury can be remedied.
    • once you complete your complaint, you will file it with the proper court in your area. When you file a lawsuit, you will have to pay a filing fee (usually around $200). If you cannot afford the fee you can ask the court for a waiver.
  4. Once the lawsuit has been filed, you will hire someone to serve a copy of the complaint on the defendant. Once the defendant is served, he or she will have a limited amount of time to respond. The person you hire to serve the defendant must be over the age of 18 and unrelated to the case.
    • Once service has been completed, the server will sign a proof of service form that you will file with the court. This form proves to the court that service was completed. [14]
  5. The defendant's response will usually be in the form of an "answer", which is a formal document admitting or denying each allegation in your complaint. In addition to an answer, the defendant may also file counterclaims, which are like mini-lawsuits against you.
    • Read the defendant's response as soon as you receive it. It will provide you with all the information you need to continue with your lawsuit. By reading the defendant's response, you will know exactly how they plan on defending against your lawsuit.
  6. . Discovery gives you an opportunity to exchange information with the other party in order to prepare for trial. Discovery gives you a great opportunity to learn about the other party's case and what they are going to say at trial. In order to get information, you will use the following tools: [15]
    • Depositions, which are in-person interviews with witnesses and parties. These interviews are conducted under oath and you can use the answers you receive in court.
    • Interrogatories, which are written questions posed to witnesses and parties. These questions are required to be answered under oath and you can use them in court.
    • Requests for documents, which are written requests requiring the other party to hand over otherwise unavailable documents. Examples of things you might request include text messages, emails, policy guides, and phone records.
    • Requests for admissions, which are written statements the other party is required to admit or deny. This helps you narrow down the issues that need to be resolved at trial.
  7. . As soon as discovery concludes, the defendant will usually try to end the litigation by filing a motion for summary judgment. To be successful, the defendant will have to prove that there are no genuine issues of material fact and that they are entitled to judgment as a matter of law. In other words, the judge will have to agree that, even if he or she made every factual assumption in your favor, you would still lose.
    • To defend against this motion, you will file a motion of your own. In your motion you will need to persuade the court that there are still factual disputes that need to be handled at trial. You will do this by providing the judge with evidence and affidavits supporting your motion. [16]
  8. Once you defeat a motion for summary judgment, consider settling your case before it goes to trial. Trials cost a lot of money and take a lot of time. For these reasons, a lot of defendants will be willing to settle in order to avoid trial. To start settlement discussions, reach out to the other party and try to come to an agreement.
    • If informal negotiations fail, try mediation. During mediation a neutral third party will sit with both parties in order to help find common ground. The mediator will not inject their own opinions and will not take sides.
    • If mediation fails, try non-binding arbitration. During arbitration, a judge-like third party will listen to both parties present their cases. The arbitrator will then draft an opinion discussing who they think should win the case and how much they think the winner should get.
  9. If you decide to go through with a trial, the judge assigned to your case will have one final pretrial conference with both parties. During this conference, the trial schedule will be set, which includes the issues that will be tried. During this meeting you need to make sure you tell the judge everything you plan on bringing up at trial. If something fails to make it on the schedule during this hearing, you may not be able to present it at trial. [17]
  10. If you cannot reach a settlement you will have to go to trial. During trial, each party will present their case to a judge or jury. You will be able to present evidence, ask witnesses questions, and try to persuade the decision maker that you should win. Once the trial is over, the judge will enter judgment in favor of one party.
    • If you win, you will be awarded damages that the defendant will have to pay.
    • If you lose, you might be able to appeal the judge's decision if he or she made a mistake. If you want to appeal, you usually have to do so within a certain period of time (usually around 30 days).
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Part 4
Part 4 of 4:

Preventing Further Harassment

  1. Every school should have these procedures available. If yours doesn't, organize a committee to draft one. This can be a group of concerned teachers and parents working together. [18]
    • Let the school administration know that you're working on this, and find out if someone on staff would like to participate.
    • Once it's drafted, send the document to the administration and request official approval.
  2. Many schools require faculty and staff to take workshops on preventing sexual harassment. Find out if your school mandates these workshops, and advocate for them. [19]
    • If having a guest lecturer visit is cost prohibitive for your district, you can always mandate that staff watch an educational video.
  3. Many teachers are members of a teacher's union. Staff (such as nurses and contractors) may also be union members. Unions often take accusations against their members seriously and can be a good way to help hold the perpetrator accountable in the future. [20]
    • Let the union know that you've already dealt with the issue through the school, but that you wanted them to also have the information.
    • You can forward them copies of any documentation you have of the harassment and the grievance procedures.
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Expert Q&A

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      Tips

      • It may hurt to talk about sexual harassment, however you are only doing yourself a disservice by not telling anyone. Tell people whom you trust. You're protecting yourself and others.
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      • It's likely that you'll want to talk to a therapist or a counselor for help with emotional distress. This can be true whether you were the one being harassed, or you were supporting a student who was being harassed.
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      Warnings

      • Rumors within a school can spread quickly. Keep the details of grievance procedures on a need to know basis to prevent the student from being ostracized or questioned inappropriately.
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      • Though the perpetrator may threaten to retaliate, to be violent, or to lie about you or your child, know that these things are all illegal. The student is protected under the law and the perpetrator must be made accountable for their actions.
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      References

      1. ↑ http://www.minnstate.edu/board/procedure/1b01p1.html
      2. ↑ https://www.eeoc.gov/laws/types/sexual_harassment.cfm
      3. ↑ http://www.feminist.org/911/harasswhatdo.html
      4. ↑ http://www.feminist.org/911/harasswhatdo.html
      5. ↑ http://www.feminist.org/911/harasswhatdo.html
      6. ↑ http://education.findlaw.com/discrimination-harassment-at-school/sexual-harassment-at-school.html
      7. ↑ http://education.findlaw.com/discrimination-harassment-at-school/sexual-harassment-at-school.html
      8. ↑ http://www2.ed.gov/about/offices/list/ocr/docs/ocrshpam.html#_t3a
      9. ↑ http://www2.ed.gov/about/offices/list/ocr/docs/ocrshpam.html#_t3c
      1. ↑ http://education.findlaw.com/discrimination-harassment-at-school/sexual-harassment-at-school.html
      2. ↑ http://www.feminist.org/911/harasswhatdo.html
      3. ↑ https://www.eeoc.gov/laws/types/sexual_harassment.cfm
      4. ↑ https://www.eeoc.gov/employees/charge.cfm
      5. ↑ http://www.wawd.uscourts.gov/sites/wawd/files/ProSeManual4_8_2013wforms.pdf
      6. ↑ http://www.courts.ca.gov/1093.htm
      7. ↑ https://www.law.cornell.edu/wex/summary_judgment
      8. ↑ http://www.wawd.uscourts.gov/sites/wawd/files/ProSeManual4_8_2013wforms.pdf
      9. ↑ https://mainweb-v.musc.edu/vawprevention/research/sexharass.shtml
      10. ↑ http://www.districtadministration.com/article/staff-student-sexual-harassment
      11. ↑ http://www.feminist.org/911/harasswhatdo.html

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