MA Court Upholds School’s Right to Fire a Teacher for “Joking” About Sex with a Student
Teacher Fired for Sexual Harassment In a decision which strengthens the ability of public school administrators to discipline teachers, the Massachusetts Supreme Judicial Court has upheld the right of a school superintendent to terminate a teacher for conduct which was described as “joking” with a student about sexual favors. The case also provides significant recognition for the rights of students to learn in an environment which is free from sexual harassment. This case involved a veteran and apparently well respected teacher who was approached by a female student who inquired, in front of her classmates, whether there was a way that she could “pay for a better grade.” A male student interjected, “You mean short of sexual favors?” The teacher did not admonish the student for the inappropriate comment but, instead, retorted, “Yes, that is the only thing that would be accepted.” After the students laughed, the teacher stated, “Don’t be ridiculous” and told the student that the only way that she could improve her grade was by doing better work. Two days later, the female student approached the teacher in his classroom seeking extra help. In response to another inquiry from the student whether she could “just pay for a better grade,” the teacher responded, “Well no . . . you know that the only thing that I would accept is a sexual favor.” The student and another student who was in the classroom both laughed and the discussion apparently ended. However, the student subsequently complained to her guidance counselor about the teacher’s comments. After an investigation, the school superintendent terminated the teacher’s employment on the basis that it constituted conduct unbecoming a teacher. The teacher exercised his right under the Massachusetts Education Reform Act to appeal his dismissal to an arbitrator. After an evidentiary hearing, the arbitrator found that although the teacher’s comments were intended as a joke, it created a hostile or offensive school environment for the student and, as such, rose to the level of sexual harassment. Nonetheless, the arbitrator ruled that the teacher’s conduct was a “relatively minor and isolated” violation of school policy and only “nominally” constituted conduct unbecoming a teacher. Considering the teacher’s positive record and “the best interests of the pupils in the District, the arbitrator reversed the Superintendent’s decision and reinstated him to his teaching position. After an unsuccessful appeal to the Superior Court, the District appealed the decision to the full Supreme Judicial Court. In a 6 – 1 decision, the SJC held that once an arbitrator finds that a teacher’s conduct rises to the level of “conduct unbecoming a teacher,” the arbitrator may not lessen or vacate the punishment imposed by the school superintendent. In so ruling, the SJC dismissed the notion that the teacher’s conduct was “minor” in nature, emphasizing the special trust placed in teachers and their obligation to provide an educational environment which is free from any form of sexual harassment. Most pointedly, the court stated that “[a] teacher who models sexually harassing behavior in front
Read MoreTypes of Sexual Harassment in the Workplace
Two Types of Sexual Harassment in the Workplace When considering the possibility of pursuing a sexual harassment claim against an employer, it is important to determine what type of claim you may have. Sexual harassment claims can take the form of quid pro quo or hostile work environment harassment. Below we describe and provide examples of these two types of sexual harassment claims. 1. Quid Pro Quo Sexual Harassment This occurs when a manager or another person who has authority over the terms and conditions of another employee’s work offers some sort of benefit in exchange for the employee’s submission to sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. Quid pro quo sexual harassment also occurs when a manager or another person who has authority over the terms and conditions of another employee’s work denies that employee some sort of benefit because the employee refused to respond to, or rejected, the sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. Example: An employee received a raise after submitting to their supervisor’s request to dress in tight skirts while at work. Example: An employee’s shifts were reduced after refusing to submit to their manager’s request for a sexual favor. 2. Hostile Work Environment Sexual Harassment This occurs when a manager or another person who has authority over the terms and conditions of another employee’s work makes sexual advances, requests for sexual favors, or requests for other verbal or physical conduct of a sexual nature for the purpose of unreasonably interfering with the employee’s work performance by creating an intimidating, hostile, or sexually offensive work environment. Example: A supervisor continuously calls an employee a sexually-charged nickname in front of her coworkers, sends her daily emails complimenting her on her appearance, and strokes her arm whenever he is in close proximity to the employee, creating an intimidating, hostile, and sexually offensive work environment. If you have been subjected to sexual harassment or have questions about your right to be free from sexual harassment at work, please contact an employment lawyer at Sankey Law Offices today. For more information, please contact us at 781-930-3127. Notice: JavaScript is required for this content.
Read MoreSexual Harassment in the Workplace
In Massachusetts, sexual harassment is recognized as a form of discrimination based on sex and is strictly prohibited in the workplace. Sexual harassment can take many forms and occur at varying levels of intensity. Instances of sexual harassment may range from an isolated incidents involving a single comment or joke, all the way to the pervasive occurrence of inappropriate physical contact, comments, and gestures. Contrary to popular belief, an employee need not be subject to an adverse employment action, such as a demotion or termination, to have a legally cognizable claim for sexual harassment. It is enough if the sexually harassing conduct interferes with the victim’s ability to do her job. Claims of sexual harassment may also arise when a supervisor’s or co-worker’s actions create a hostile work environment. It is important to note that sexual harassment claims are usually fact specific and often depend on the work environment and type of conduct involved. A remark or gesture that might be appropriate in one situation may be unlawful in another. For example, a gymnastics coach who guides a gymnast by the hips to assist her in jumping up to the uneven bars would likely not be engaging in sexual harassment, while a supervisor in an office building who grabbed an employee’s hips while she was using the copy machine would certainly be engaging in unlawful conduct. Similarly, a fashion designer who compliments a model on her outfit would probably not be engaging in sexual harassment, but a doctor who frequently comments on the physical appearance of his receptionist might be engaging in conduct that constitutes sexual harassment. As these examples illustrate, the context of the situation and the type of conduct involved often determines whether sexual harassment has occurred in the workplace. Our attorneys have extensive experience advocating on behalf of individuals who have faced sexual harassment in the workplace. If you are concerned that you are experiencing sexual harassment at work, or would like more information about the laws governing sexual harassment, please contact an experienced sexual harassment attorney at Sankey Law Offices today. For more information, please contact us at 781-930-3127. Notice: JavaScript is required for this content.
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