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Most of what this site says about harassment assumes the person responsible is another student. When it is an adult who works at the school, several things change at once: the power difference is much greater, the person may control grades or playing time, and the ordinary advice to tell a teacher may point toward a colleague of the person involved. The protections still exist — but the route through them is different.
Title IX covers staff conduct, not only peer conduct
Title IX prohibits sex discrimination in federally funded education programs, and sexual harassment of a student by an employee falls within it. Every covered school must have a designated Title IX Coordinator, and that person — not the department the employee works in — is the right recipient of a report about an employee.
Going directly to the Title IX Coordinator, in writing, avoids the awkward and sometimes counterproductive step of reporting a colleague to a colleague. Districts generally publish the coordinator's name and contact details; if it is hard to find, the district office can supply it and a request for it does not require explaining why you want it.
Some conduct triggers reporting duties beyond the school
Conduct by an adult toward a minor can cross into criminal territory and into the mandatory reporting system covered in our article on mandatory reporters. That means a report may travel outside the school regardless of what the student wants to happen next, which is a genuinely difficult thing to sit with and the reason it is worth knowing in advance.
It also means the school's own process is not the only avenue. A complaint can go to the Department of Education's Office for Civil Rights whether or not the school has finished, or started, its own process — and if the conduct is criminal, a report to law enforcement is a separate track that does not wait for the school.
Documentation and retaliation
Keep dates, what was said or done, where, who else was present, and any messages. Because an employee often controls something the student needs — a grade, a recommendation, a position on a team — record any changes in those after a report as well, since retaliation is separately prohibited and, as our article on retaliation explains, is evaluated on its own terms even if the underlying complaint is not ultimately substantiated.
Bring an adult who is not part of the school into it if you possibly can: a parent, a guardian, a relative, or an outside advocate. A student pursuing this alone against an adult employee is at a real practical disadvantage, and that has nothing to do with whether they are right.
Lembre-se disto
- Title IX covers harassment of a student by a school employee, not only by another student.
- Report to the district's Title IX Coordinator in writing rather than to a colleague of the person involved.
- Conduct by an adult toward a minor may trigger mandatory reporting and criminal processes outside the school's control.
- Document everything, watch for retaliation, and bring in an adult from outside the school.
Fontes
Este artigo traz informações educativas gerais, não aconselhamento jurídico individual. A KidsKnowRights não é um escritório de advocacia, e ler este artigo não cria uma relação advogado-cliente. As leis variam de acordo com o estado, a idade e as circunstâncias, e mudam com o tempo. Para receber orientação sobre uma situação real, fale com um advogado licenciado ou com uma organização de assistência jurídica gratuita.