Legal Question in Sexual Harassment in Michigan

My son was accused of Sexual Harassment and expelled for 5 days for a comment ma

My son had a substitute Teacher in his class. The Class was obviously out of control. My son After the class was in an uproar from everything going on found out by some of the conversation that the teacher did not have children. He made what I call a rude comment but not to be sexual harassment. He said to the teacher...''Oh you were smart enough to keep your pants zipped up or use a rubber?'' Is this considered Sexual harassment? I know that it was inappropiate, he is only 13. I just feel that this went too far and his comment/question was blown out of proportion. Making a comment/question like this one time, is it really considered Sexual Harassment? Please let me know and explain. I am really upset about this. Thank You


Asked on 10/15/03, 9:10 am

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: My son was accused of Sexual Harassment and expelled for 5 days for a commen

This is not sexual harassment, but it is a cause for discipline. It shows a marked lack of respect and crossed the line.

There may well be a difference in how the two cases are treated, so make sure you keep on top of whatever they choose to call it at the school.

I won't go into the elements of sexual harassment, except to say that that comment may be sexual in nature (it references sex), but that doesn't make it illegal. It was a commentary, an opinion, and there were no negatives consequences from her action or inaction with respect to the comment.

Whether or not the class was "out of control," there's no way her actions as a teacher justified what your son said, so I wouldn't take that approach.

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Answered on 10/15/03, 10:51 am


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