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Question

We are a career college and teach students of all ages. We have had an incident with an instructor (teacher) who has been accused of sexual harassment by a student. The student does not have witness accounts of the alleged harassment, and the instructor denies touching the student as alleged. We have changed the instructor's schedule to eliminate his time alone with students and issued a written reprimand for this behavior, but the student is threatening to bring a "class-action suit" (his direct words) for not immediately firing this person. We want to protect our students, but also want to obey employment law as well. What would your advice be since we are trying to look at both sides of the problem?

Submitted: 32 days and 6 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Optional Information

State/Country relating to Question: Georgia

Already Tried:
We have issued a written reprimand and the instructor denies touching the accusing student. We have also changed the instructor's schedule to eliminate his time alone with any students. We have a written statement from the accusing student.

Accepted Answer

Hello, and thank you for contacting the just answer team.

I think that you have taken all of the necessary steps under employment law. Generally, sexual harrasment is only prohibited towards your employees. However, because this person was a customer, rather than an employee, sexual harrasment issues in the work place aren't really relevant. Where you could be in danger is a suit for civil assault and battery against the teacher, and naming the college as a defendant as well. However, it sounds as if you have taken appropriate action, and that, so long as an investigation of the incident doesn't warrant it, you were under no obligation to fire this teacher. I am not sure what type of class action suit this student would bring, but based on the information you have provided, it does not sound as if he would have much of a case without some corraborating evidence.

I hope this helps, and thank you for the opportunity to answer your question. If you have any further questions, please do not hesitate to ask. Otherwise, please remember to click the green ACCEPT button so that I can receive credit for my work.

Take care

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Expert: SavyLawyer
Pos. Feedback: 97.3 %
Accepts: 
Answered: 10/21/2009

Attorney

Licensed to practice law, I have experience in dealing with a wide variety of legal issues.

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