Schools and colleges, especially those receiving funding from the federal government, must ensure that students in the institution are free from sexual harassment and discrimination as provided under Title IX of the 1972 Education Amendment. These institutions have measures to investigate and impose disciplinary measures on teachers and professors accused of sexual harassment or any other form of discrimination.

If you are a teacher or professor and face a sexual harassment or gender discrimination accusation, your job and reputation are on the line. Teaching is a calling that significantly impacts the community. However, a sexual harassment accusation can destroy your career, lead to criminal charges, and possibly a conviction. At Empower Sexual Harassment Attorneys, we can defend against the allegation without judgment but with compassion in San Diego, CA.

California Sexual Harassment Legal Definition

Sexual harassment refers to repetitive or severe behavior that creates a toxic or hostile environment. The conduct must be sexually motivated, unwanted, and restrictive or deny benefits or participation in learning activities and programs.

Sexual harassment cases are still prevalent in learning institutions despite many campaigns and sensitivity training that create awareness of unwelcome conduct that is deemed inappropriate or appears inappropriate. Nevertheless, the federal and state governments have statutes in place to stop sexual harassment, seek relief for plaintiffs, and punish harassers.

The Federal statute that prohibits sexual harassment in school is Title IX. The Title applies to gender discrimination and sexual harassment in learning institutions funded by the federal government. The law prohibits:

  • Unwelcome sexual advances in return for educational benefits
  • Sexual behavior that denies students access to education
  • Any sexual misconduct that happens within a learning institution or outside the institution in a school activity
  • Capturing, viewing, and sharing photos taken without consent

The California Fair Employment and Housing Act (FEHA) describes various forms of sexual harassment that can happen in school. These are:

Quid Pro Quo

Quid pro quo type of harassment happens when a student alleges that you, a teacher, professor, or any other employee in a position of authority, were coercing them into engaging in sexual conduct in exchange for education benefits or to access education. You, the alleged predatory teacher, must imply to the learner that their decision hinges on whether the student agrees to the sexual advances. For instance, a student’s professor can threaten to fail the student on a test unless the student agrees to the sexual advances. This is a good example of quid pro quo harassment.

Hostile Environment

A hostile environment is another form of sexual harassment that people experience in college. Behavior that amounts to a hostile environment type of harassment includes:

  • Making unwanted sexual advances or comments
  • Use of derogatory slurs
  • Creating a school or work setting that is uncomfortable for your colleagues or students
  • Sexual assault, like unwanted physical contact
  • Isolating certain people because of their gender
  • Threats of retaliation against those who attempt to report sexual harassment cases

Unlike quid pro quo, the harasser does not need to have authority. Another student can accuse a student of sexual harassment. A colleague of the teacher or professor can also make these accusations. The accuser must show that there is a pattern of sexual harassment. Nevertheless, in serious incidents, an isolated incident is sufficient for a victim to claim sexual harassment.

Acts By Teachers and Professors that Amount to Sexual Harassment

There are various types of sexual harassment. The ones that are common among teachers and professors are:

  1. Sexist Comments

Sexual harassment is not necessarily sexual. Any offensive conduct that is directed at a worker or student because of their sex and is sufficient to create a hostile environment is unlawful. The environment of a learning institution will be deemed hostile if male teachers or professors stereotype students or their female colleagues because of gender. Asking female students to dress in a certain way or leaving female teachers out of specific meetings because of gender is sexist.

  1. Unwanted Physical Contact

Teachers or professors should not participate in any unwanted physical contact like kissing, fondling, or hugging with their students or colleagues. Besides, touching oneself while students or colleagues are watching is unlawful and amounts to sexual harassment. Any person made uncomfortable by the touching can report the harasser.

  1. Unwanted Advances

Teachers engage in unwelcome sexual advances when they send harassing letters, emails, or messages to their colleagues or students requesting romantic dates or sexual favors. Unwanted phone calls, text messages, or office visits also amount to sexual harassment if they are sexual. Even though the behavior seems obvious, as it is not unlawful to go on a date or engage in consensual sexual conduct with a college student, the behavior is against the university’s ethics.

  1. Sexual Comments

It is unlawful for a supervisor, employer, coworker, or any other party to make sexual jokes or statements about a student or another worker’s physical appearance, spread stories regarding their sexual behavior, discuss sexual behavior in the presence of others, or share or display pornographic material. The sexual comments can happen via email, social media, messages, web pages, blogs, or in person.

  1. Harassing Others

Headteachers or those in charge of running learning institutions must protect students and employees from sexual harassment from outsiders, like parents or suppliers. When an employer discovers such acts, they must take measures to resolve the issue or prevent it from happening.

If you are accused of any of this conduct by your students or colleagues, you must speak to a sexual harassment defense attorney immediately. The attorney will evaluate your case and try to resolve the matter once you receive an accusation notice.

Handling a Sexual Harassment Claim as a Teacher/Professor

Your defense attorney will advise you to remain silent when:

  • A student threatens to lodge a sexual harassment claim against you
  • A supervisor or school HR notifies you of a claim against you
  • A plaintiff’s lawyer contacts you
  • A journalist inquires about an alleged harassment case involving you
  • Law enforcement stops you for a chat

The worst mistake you could make is contacting the student or plaintiff to try to resolve the case through a settlement. It is obvious your relationship with the victim, who could be a student or colleague, is broken, and anger, deceit, and fear could be at play. If you reach out to the alleged victim, you will be exposing yourself to further claims of stalking, bribery, or criminal threats. Sadly, the court or jury sides more with the alleged victim, mainly a student, than the professor or teacher.

Instead of contacting the accuser to resolve the issue, you should call your sexual harassment defense attorney to start the process of clearing your name and defeating the sexual harassment allegations against you. A sexual harassment claim could spell the end of your teaching career, so you should take your accusations seriously.

The party notifying you of your allegations will observe your reaction and note down your responses or statements regarding the accusations to find incriminating information. Even though you feel overwhelmed or panicked because of the accusation, you should pause and take a breath. Staying calm will prevent brain fog and ensure that you give the correct answer that will not be used against you. If an investigator has approached you, deny the allegations and request their identifying information. Besides, you should share your defense attorney’s information with them so that they can call them and find the answers they need. When the school demands that you respond to the sexual harassment accusations in writing, you should contact your attorney for guidance first to draw a measured and logical answer that will not incriminate you further.

During investigations, the police may request to search your office, home, phone, or laptop to find evidence. Do not let them access your property or items without a valid search warrant. Do not be tempted to allow them to search because you believe you have nothing to hide. A search can only be performed after they produce a valid warrant. Also, do not answer any questions they ask about the sexual harassment unless your legal representative is present. Avoiding answering questions is advisable because when you agree to answer them without legal guidance, law enforcement could trick you into a confession. Invoke your right to stay silent until your attorney is present. However, you can answer questions regarding your personal information, like your full name and address.

When many teachers or professors learn of pending sexual harassment allegations against them, the first idea that comes to mind is to contact the student or coworker and work out a settlement. Others, like professors, attempt to use their good reputation and years of experience in the job to talk themselves out of trouble. Nevertheless, these decisions are career-ending.

Sexual harassment allegations mean that the police could arrest you and charge you with a criminal offense. The plaintiff can also file a civil lawsuit seeking compensation for the loss or damages incurred. Besides, you will deal with reporters looking for a story that will hit the headlines.

A harassment claim can have devastating consequences on your career, including job loss and criminal charges.

Investigations Into Sexual Harassment By Teachers or Professors

The California Education Code and Title IX govern sexual harassment investigations against teachers or professors. They follow a structured procedure to ensure fairness and protect the liberties of all parties. The steps followed include:

Reporting of the Claim

A plaintiff usually contacts a Title IX coordinator to report the claim. These officials are present in most learning institutions, from K-12 institutions to universities.

Many learning centers have access to victim advocates and school therapists. These are responsible employees and should report any sexual harassment case they come across in the line of duty. Also, they should explain to victims their responsibility to report sexual harassment incidents.

Victims report these incidents through mail, email, telephone, or in person. Besides, they can opt for a formal or informal claim.

Responsive and Preventive Measures

The school or college should respond promptly to the accusations. The representative from the Title IX office should reach out to the alleged victim to offer reasonable support. The supportive measures include:

  • Academic accommodation
  • Therapy
  • Restricting interactions with the harasser
  • Adjusting class or work schedules

For the investigations to commence, the victim must disclose the name of the harasser, making it challenging to keep the inquiries confidential.

Formal Complaint

Once a formal complaint is filed, impartial investigators who could be members of staff in the institution or outsiders are appointed to gather evidence.

A notice of accusation is then sent to you, the accused, and the plaintiff. Both parties will also receive information on the grievance procedure and their rights. Until the grievance stage ends, it is assumed you are not liable for the harassment.

The investigator then starts gathering evidence and facts by interviewing witnesses, the accused, and the accuser. Again, they review your communication with the victim, as well as your phone, email, and text records, to find exculpatory or exonerating evidence.

You and the alleged victim will have the opportunity to present your evidence and witnesses. Also, you are entitled to review the proof against you.

When inquiries conclude, the investigators prepare a comprehensive report with their findings and recommendations. The reports state if the claim is substantiated and make recommendations on the appropriate action depending on the school or university policy.

Disciplinary Measures

The HR, academic personnel, or peer committee evaluates the recommendations by investigators, depending on your position in the institution as the harasser. These decision makers rely on the evidentiary standard of preponderance of the evidence to determine whether you are guilty. They will rule that you engaged in the alleged act if the evidence points to the fact that it is more likely than not that harassment happened.

You and the plaintiff will receive the results of the investigation.

Finally, the institution will take disciplinary measures depending on its policies. They include counseling, suspension, or employment termination.

The disciplinary process is separate from the criminal proceeding and the civil lawsuit.

Universities have disciplinary measures in place, but the law limits the punishment they can impose on a harasser. Also, evidence required by the relevant faculties in the hearing is of a high standard and can take time to obtain, leading to lengthy processes.

It is difficult to remove you as a professor or teacher from an institution. Also, the investigators are your colleagues and are likely to give you the benefit of the doubt. If the claims can be substantiated, the faculty committee is expected to recommend appropriate punishment to the university’s president. The punishment could include voluntary termination, and you could be helped to secure another job.

Besides, the student may be required to sign a non-disclosure contract to keep the matter confidential. These measures by the school could seem biased against the student, which is why Title IX is in place to help students seek relief if the school decision is unsatisfactory.

The Role of a Defense Attorney in the Disciplinary Process  If you are being investigated for sexual harassment, you risk employment termination and other serious consequences. With the impact the investigation could have on your career, you must consider legal representation. An attorney will listen to your side of the story without judgment and protect your rights throughout the process. Similarly, the attorney will offer legal guidance and support. They will provide emotional support, reassurance, and advice to navigate the process smoothly. Besides, they will submit factors in mitigation to compel the investigators or decision-makers to impose less strict disciplinary measures. An attorney will evaluate your case’s facts and craft valid defense strategies that are unique to your case. Also, the attorney will negotiate with the accuser to arrive at a settlement that does not significantly hurt your career.

Fighting a Personal Injury Claim

Civil Code (CC) 51.9 gives victims of sexual harassment the right to lodge a personal injury claim against an alleged teacher or professor for the damages stemming from the harassment. In cases involving sexual relations between a teacher or professor and a student, the victim seeks damages for emotional distress and constitutional rights violations, like protection from gender-based discrimination.

Title IX prohibits educator-student sexual relationships. The statute makes it illegal for educators to:

  • Making sexual advances or propositions to students
  • Participating in behavior, verbal or physical, that creates a toxic work setting
  • Using a student’s submission to sexual advances to make educational decisions

Learning institutions must have measures in place to safeguard students alleged to be victims of sexual harassment by teachers or professors and advise them on the reporting steps.

After receiving the report, the school must issue a discrimination notice and assign the grievance process to a Title IX coordinator. The grievance process involves obtaining the claim, conducting investigations, and imposing disciplinary measures depending on the findings of the report.

If the school seems reluctant to take measures against you, the plaintiff can file a Title IX claim. During these claims, they have the burden of proof and must show that:

  • They endured pervasive or offensive sexual harassment, which denied them access to education and the educational benefits available in the institution.
  • The learning institution controls the teacher or professor and the context of the sexual harassment.
  • The learning institution showed intentional indifference or acted unreasonably based on the case’s facts.
  • The institution’s indifference exposed the defendant to harassment.

The student or plaintiff will gather substantial evidence to build a solid claim against you. Remember, the student does not have to file a claim through FEHA like in other workplace harassment claims. Instead, they can report the matter directly to an attorney who contacts you, the harasser, immediately to start the legal process. Therefore, you should lawyer up immediately you learn of the accusations and begin documenting evidence.

If the accusations are false, the attorney will collect evidence to prove you did not commit sexual harassment. The defenses they can use to fight the claim are:

  1. You Have an Alibi

The accuser must substantiate the accusation by highlighting the date and location of the alleged harassment. Your attorney can challenge the claims by arguing that you were elsewhere at the time of the alleged event and therefore could not have committed the crime. The attorney will use phone records, video footage, and witness testimony to support the argument. If you were not at the scene of the crime, you are innocent.

  1. Inconsistency in the Plaintiff’s Statement

If the accuser contradicts themselves in the statement on the accusations, your attorney can use the inconsistencies to challenge the reliability of the testimony. The attorney can compare the statement with surveillance footage and witness testimony to identify these inconsistencies.

  1. Submitting Evidence of False Accusation

If you believe the accuser is making the allegations because of jealousy, to seek revenge, or to gain advantage in an ongoing court case, your attorney can argue false allegations. Your attorney must demonstrate that the victim had evil motives by making accusations that are not true. You can produce emails, text messages, and phone calls from the victim to show they intended to end your career or dent your reputation as a teacher or professor because of an educational decision you made that they felt was unfair, even though it was justified.

  1. You are a Victim of Blackmail

Some students can use the sexual harassment accusations to blackmail you into offering unwarranted educational benefits. For instance, a student can demand that you give them a pass in a test they have failed, or they will report you for sexual harassment. If you can prove the blackmail in court, the claim will be dropped.

Preventing Future Sexual Harassment Claims

You can take measures to protect your career as a teacher or professor. Even if you are expected to maintain close relationships with students and colleagues, you should do the following:

  • Maintain open and transparent communication with learners
  • Practice professionalism
  • Avoid light or personal comments, as they could be misconstrued as sexual
  • Keep professional boundaries with the learners
  • Stay updated with best practices in the profession
  • Consult with an experienced teacher or professor, or a sexual harassment attorney, about the appropriate action in particular situations.

Find a Competent Teacher/Professor Sexual Harassment Defense Attorney Near Me

A sexual harassment accusation against you as a teacher or professor can be complex because it involves Title IX investigations and claims, and criminal proceedings. Also, the criminal penalties and consequences from a decision against you in the personal injury claim or hearing can be life-changing. Therefore, you must have an attorney who understands these cases to increase your chances of a fair verdict. At Empower Sexual Harassment Attorneys, we will evaluate the accusations and gather evidence to challenge the plaintiff’s argument. Call us at 619-604-3027 to discuss the details of your case and start preparing valid defenses in San Diego, CA.