Legal Question in Sexual Harassment in California

I am a School Director at a Vocational College. I have a female student in my class who is making suggestive comments to the male students in the class that make them feel uncomfortable. She tells one male student that she 'saw him in her dream' and that 'they were both husband and wife' in her dream. The Instructor counseled her not to say these sorts of things but she continues, loudly in front of the class. She keeps suggesting to another male student to 'divorce his wife' and asks him 'when are you filing the divorce papers?'.

I will like to terminate her from the classroom because, based on her repetitive behavior, there is no way that I can refer her for a professional career after she graduates. We also have a professional conduct policy that states any disruption of the learning environment will lead to disciplinary action, up to and including termination. I will like to terminate her and excuse her from all the tuition owed.

However I know by the way she is, after I issue a termination decision, she will go to a lawyer and try to sue the school for 'discrimination'. What can I have in place to justify the school's decision should she go to a lawyer?


Asked on 3/10/14, 1:00 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Then the school, not you personally, needs to bring into this situation an experienced attorney to represent them and make sure the actions taken are 'by the book', to minimize the risk of her 'successful' legal action, and to deter her from taking legal action at all. In other words, do nothing without the aid of counsel.

If serious about hiring counsel to help in this, feel free to contact me. I�ll be happy to help get the best plan possible. I've been doing such cases for many years, both plaintiff and defense.

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Answered on 3/10/14, 2:44 pm


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