Legal Question in Sexual Harassment in Tennessee
quid pro quo harassment of college student
I am a college counselor and recruiter. I recently participated in traffic court with students. One student came out of court and told me and two other students that the chairman of the committee told her in court he would dismiss her ticket if she would take him out for drinks. I heard the laughter in the room. Students were on the committee. I did not hear the comment myself. As a counselor and mother of a young girl, and as a recruiter for this college, I have been extremely angered and I am having problems doing my job. It's difficult for me to recruit for this university when there are faculty on campus with the attitude that they can speak this way to students. My superisors simply refuse to do anything about this faculty member who, by the way, is also an advisor of students. I have been having problems sleeping, I've missed work, I am depressed and feel stressed out because no one is interested in doing anything about this faculty member. I, myself feel as if I was sexually harassed. The student has not come forward to complain. Do I have grounds for filing a suit against the university? Thanks
2 Answers from Attorneys
Re: quid pro quo harassment of college student
No, you have no rights on the basis of quid pro quo; the teacher probably didn't even know you heard anything indirectly when he made his joke.
I don't think he even harassed the student q-p-q, frankly. It appears to have been a joke and especially where it was made in front of others and caused general laughter. Unfortunately, it makes overly light of drinking at the wrong place to do so. It's just in poor taste in view of recent campus drinking deaths, etc.
I'm surprised you're so upset, though.
You might have other grounds if there is a much longer pattern of sexually charged environmental conditions, but it's not q-p-q.
Re: quid pro quo harassment of college student
Since you were not personally harassed you cannot file a lawsuit. However, any student that has been harassed whether it be verbally or physically can. I would suggest that you contact the University President if you haven't already. If he won't do anything about it sit down with the studen and explain to her that even though she may not have been scarred by it other students may have and so she should file a formal complaint in order to protect other female students from this type of harassment. If this fails I would consider finding another job so that you are no longer stressed out. I would put in your resignation letter that you are appalled by the acts of these people and because of that you can no longer work with them. At least there is something on record and if another student complains you can prove that you told someone and they did nothing about it. Eventually someone will file a lawsuit and the University's inaction will cost them.
John Hayes
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