One of the many issues that Thomas A. Jacobs goes over in his book, "Teens on Trial," is sexual harassment in schools. I found that its a very important topic because this comes up in the media quite often whether its student-teacher relationships or sexual assault by a teacher to a student. More recently, this topic has been talked about a lot due to what has happened at Penn State... But I'm not going to get into that.
In the case of gebser C. Lago Vista Independent School District, a 13-year-old girl Alida Gebser and Frank Waldrop had been working together for tutoring purposes. Over time Mr. Wldrop would make sexual remarks to Alida, in the classroom and at her home. The remarks eventually went further as the relationship progressed. It turned into kissing, fondling, and even sex. Alida did not report any of this behavior to an adult and did not tell anyone at all. This was not found out about until a police officer found them having sex in a parked car. Mr. Waldrop was fired and had his teaching license revoked. Alida and her mother then sued Mr Waldrop and the school district, "claiming negligence and discrimination based on sex. Alida and her mother also held the school district responsible for failing to prevent the teachers misconduct."
In the court decision, the Supreme Court ruled the school district not liable because they had no way of finding out. Alida never reported the incidents so there was no way of anyone knowing. The school found out of this once they were caught by the police officer, where Mr. Waldrop was fired immediately after. The courts made their ruling so that the Gebser's would be able to sue Mr. Waldrop for damages, which is what they did.
If the school was informed before hand of the sexual harassment before and did nothing about it, then Alida and her mother would be able to sue the school district. Alida is also at fault because she didn't tell anyone about these acts and let it continue for quite a long time. Once a school had knowledge of such illegal acts, they can be held responsible if no action is taken.
I think that this is very reasonable for the school district and the students. There's no possible way that a district would know that a teacher would be sexually assaulting students if nothing is reported, and if there is no past record then it would not be able to be seen. Alida should have taken responsibility and told an adult of what was going on so it could have been stopped before it had gotten too far. If a school does not treat complaints or problems then they can be sued for those problems and not recieve immunity from the court.
The actions of that teacher were absolutely disgusting and outrageous because the girl was so young, but I think it would be an interesting case if the girl was older. Let's say there is an underaged high school student having consensual sex with a teacher, is it considered wrong? Disregarding the legal issues of it being statutory rape, this type of thing happens often and the teacher always gets in trouble in the end, but what about the student? They know it is wrong too. Just something to think about, but only with older high school students, obviously not younger 13 year olds, those cases are disgusting.
ReplyDeleteI think that the case you describe would be very interesting as well. The reason why we don't see cases like those though is because the student would usually say that it was forceful or inappropriate so that they won't get into any trouble with the police or their parents. But I think no matter what, if the student is under 18 then its completely wrong.
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