Anonymous asked this question on 4/23/2000:

Can a teacher be harassed by an adult student? Can an employer be responsible for knowing about harassment and doing little or nothing to stop it? What is the statute of limitations on filing a claim? With whom would one file such a claim? , Can a teacher be harassed by an adult student? Can an employer be responsible for knowing about harassment and doing little or nothing to stop it? What is the statute of limitations on filing a claim? With whom would one file such a claim?

cbyrnes_esq gave this response on 4/23/2000:

I'm sorry if this an issue for you. Such matters in the workplace can be very stressful. I am an attorney in Los Angeles, CA, and sexual harassment forms a major part of my practice.

Please recognize that the rules of my profession prevent me from responding to your specific facts. I can only give general rules that I hope you find helpful. Furthermore, anything I say here must not be construed by you as creating an attorney-client relationship between you and me.

Having said that, here is what I know:

1. Recent court cases have held schools responsible for sexual harassment committed by students against each other. There is every reason to believe that such acts committed by students against employees would incur similar liability. 2. The federal statute under which this liability exists is called Title IX of the Civil Rights Act. Title IX is the educational facility's equivalent to Title VII, which pertains to other workplaces. 3. Your state probably has its own version of Title IX, and you could examine that as well. 4. Generally, one would start by filing a claim with the Equal Employment Opportunity Commission (EEOC) at the federal level, and your own state's version of it. In California, it is called the Fair Employment and Housing Administration. 5. The state statute of limitations will vary by state, and you could contact your own state's version of the EEOC to find that out. I don't know offhand what the EEOC's statute of limitations is (I just moved out here, and most of my books are still in boxes!); you could check their website at eeoc.gov. If you can't find it, let me know, and I will try to find out for you.

Best of luck to you, and please let me know how things turn out.

cbyrnes_esq gave this follow-up answer on 4/25/2000:

I found that the statute of limitations on a sexual harassment claim is 180 days. You must first file your claim either with the EEOC or with your state or local equivalent. If you file with the state or local equivalent, the EEOC extends its statute of limitations to 300 days. You may, if you like, file with both the EEOC and the state or local equivalent.

I strongly recommend that you not delay in filing action. If you feel you have an issue here that you want to pursue, do not allow the statute of limitations to expire.

Best wishes.

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