Have Legal Questions? Ask a Lawyer Now.
Yes, this is actually sexual harassment between the students and you should check to see if the school district actually has a written policy prohibiting these things from going on. If you do not feel that the teacher's reaction was strong enough and/or the children are still doing it, then you should take the matter to the school principal and/or the school superintendent until it does stop. Perhaps they can suggest a plan to have a counselor speak with all of these students to show that this is not appropriate behavior and/or move Mike's classroom so he is not in constant contact with the same children. You should not give up and be brushed aside on this matter if you believe it is deeply concerning to Mike and to you. Obviously, the school should be taking some appropriate, positive action to make sure these kids know that this behavior is wrong. If you get no satisfaction, you may want to talk to an attorney who can re-inforce your requests with a letter to the school (suing the school system is an extreme last resort -- and it might be difficult to get an attorney to handle a case like this to sue, but you should be able to get an attorney involved to write a letter on Mike's behalf).
I know that the attitude of the teacher is "kids will be kids" -- but when the behavior becomes so extreme that one child does not want to go to school anymore, then something must be done above the teacher's head to handle the matter.
Please press the GREEN ACCEPT BUTTON so I will be paid for my time.
It is a case of sexual harassment. And, if there is a policy in place in the school district for handling sexual harassment claims, then they are not following their own policy.
I will opt out and let other experts weigh in on the subject if they so choose to do.