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Legal Implications And Consequences Of Teacher-Student Sexual Harassment In Educational Institutions

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    Legal Implications and Consequences of Teacher - Student Sexual Harassment in Educational Institutions LEGAL ISSUE I n what grounds should a teacher be dismissed for lack of classroom management or in what grounds can a teacher be dismiss if a student’s claims that she was sexually harassed by a teacher? Sexual harassment is a serious offense and in case of children it is more hideous as they are innocent. Children are vulnerable and thus they can be trapped in situations where they become an easy target for sexual assault. Children can get exposed to sexual harassment in various situations like schools, hospitals and sometimes in neighborhood as well. They are an easy target because they are young and mostly too weak to respond or even confront to their dear ones. This makes the problems of sexual harassment with children very grave. Thus it is recommended that there should be strict laws to tackle with such issues. Teacher student relationship is very pure but sometimes it is corrupted too. Teachers are found to be conducting unethical practices worst for of which is sexual harassment. A teacher has to face serious implications if he was found doing unethical practices and under the domain of law sexual harassment have specific punishment. There are many implications to the problems. The first consideration was by the school, they have to decide whether they want to take the liability of the teacher’s wrong doing. There are again certain disagreements to this. While many courts find it appropriate that the teacher should be held

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    responsible but in certain cases the school or the educational institutions are held responsible for hiring such a teacher. It is big offence and sometimes a promiscuous teacher can become the liability of the school and the school can be interrogated that people of such conduct should not have been appointed as teachers. The responsibility is thus of the teacher and of the school as well. Sexual harassment is no smaller crime; the person needs to be unethical to be able to co n duct such crime. There should be proper screening and interview taken before hiring the teachers. If a person with a bad personal record is somehow taken in the school, then the sole responsibility goes to the school who has appointed him. These things matter when appointments are done for hiring the teachers. Title IX of the Education Amendments of 1971 is responsible for such action. It states that the organization is held responsible when a person with bad personal record was found committing a crime and the charges are serious when t h e working scenario is teaching and the crime is sexual harassment. The problem also becomes complicated when the actions are done deliberately as an act for sexual discrimination. Sex – based discrimination are most clear by the use of inappropriate words, signs, leer, sexual comments and inappropriate tough by the teacher to the students. These all have consequences which can be brought under the Title IX of the Education Amendments of 1971 for sexual discrimination and sexual harassment. The law makes the student claim against the school for conducting abusive misconduct by a teacher and thus the school is liable to a legal action. There should be restrictions on the teacher’s part if there is a complaint registered for the teacher. There are many cases in which the student filed a report for the misconduct of a teacher which might include a lewd remark, an inappropriate or categorized conduct towards her which was an indication that the teacher’s intentions are not right in which case the responsibility

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    of the institution is to remove the teacher from working. The school can face severe consequences if there were reports charged against the teacher and it was not removed and there have been cases like that. The school is fully held responsible for the kind of act his employees as teachers do and they are not exempted if found guilty. I. Statement of the Issue The statement of the issue is clear that the teacher is a very responsible position and any teacher taking unfair advantage of student has serious implication sunder law. The law has statements for teachers as well as for the educational institutions hiring such teachers. There is a great responsibility which comes along with every position and teaching is a professional which includes children from very young age. Involving with them in any sort of sexual interactions or just intending to do so results in a legal action. The actions of sexual harassment range from rape to being sexually discriminated in the class , or passing remarks which have sexual connotations to it. A. What is the Legal Issue Involved? The legal issue involved is the victim being juvenile. Teacher being in a position where he should not be conducting such behavior as it is a position of dignity. There are severe punishments depending on the severity of the case. A rape case result s in long term imprisonment , while sexually discriminated remarks in a studying environment might just result in a warning. The court cases pay attention to the age of the victim, intention of the teacher and the situation in which a crime is done. There is a responsibility of the institution as well to hire teachers of good ethical co nduct and

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