Legal Question in Sexual Harassment in Virginia
Unclear Case of Sexual Harassment
I am a student at a High School. I
had written a paper that contained
several inappropriate comments of a
flirtatious nature. Upon grading and
return to me, the only penalty I
received was 10 points off for
Inappropriateness. In talking with
her about the paper, she only said
next time I would receive a zero
(nothing about administrative action)
on it. In discussing the content of the
inappropriate comments, she didn't
express discomfort or that
she had taken offensive to my
comments. Several
other times during the year, we had
exchanged banter, without her
indicating I had offended her
sensibilities and usually ending in
laughter. I had even given chocolates
on St. Valentine's and Christmas Day
and had received a Thank You card in
return. However, several days
passing without her talking about my
paper directly to me, the school
administration talked to me about
my paper. They said that in the end,
my teacher could decide whether or
not I had Sexually Harassed her.
However, can I be charged with
Sexual Harassment without her
clearly expressing to me that I was
making her uncomfortable (with the
pre-existing contexts in our
relationship)?
1 Answer from Attorneys
Re: Unclear Case of Sexual Harassment
A student cannot be charged with sexual harassment of a teacher under federal law as the statute which prohibits such harassment is designed to address sexually harassing conduct within employment situations involving company personnel in the workplace environment rather than students and teachers in a school type educational setting.
However, notwithstanding all of the foregoing, I would suggest that you cease with the kinds of foolish behaviour which you've described as it can only lead to some kind of trouble--for you, the teacher, and who knows whom else.
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