School Can Be Liable For Sexual Harassment of Teachers by Students

7/19/07

A Delaware federal district court recently held that a school district can be liable for the sexual harassment of a teacher by a special education student even where the harassment was a manifestation of the student's disability. In Mongelli v. Red Clay Consolidated School District Board of Education, a special education teacher claimed that she was sexually harassed by a student in her class. The court found that school districts may be liable for sexual harassment of a teacher by a special education student, even though the student is prone to disruptive behavior and the teacher had authority over the student. Under the facts of this case, however, the school district was not liable because the student's alleged conduct was not sufficiently severe or pervasive to support the teacher's claim of sexual harassment.

 

This case serves as a reminder that employers must respond appropriately to any complaint of sexual harassment in the workplace, even where the person accused of harassment is someone other than an employee, such as a student, client, or customer.