Ethical Dilemma-Sexual Harassment

The district superintendent is visiting the school and passes you in the hall.  When he passes you he says, “Man, I wish I would have had a teacher like you when I was in school!  Maybe I would have paid more attention!” and winked.  This is not the first time this has happened to you, and before you’ve either laughed it off or ignored him.  You are very uncomfortable with his comments but not sure if you can do anything about it since you haven’t mentioned it to anyone before.  Also, you are afraid to report for fear of losing your job.  Should this teacher report this behavior?  Why or why not?  If she does report the behavior, will her job be protected?  Why or why not?

 

1. Identify the ethical dilemma the teacher must resolve.

The teacher has encountered unwanted sexual remarks from the district superintendent before but has never sought to stop it directly. Now, she is contemplating whether she is even allowed to report him because she has not done so in the past. The teacher is clearly experiencing sexual harassment because her male superintendent makes persistent inappropriate remarks towards her. This ethical dilemma would be considered qui pro quo sexual harassment because the teacher is in a subordinate position compared to her superintendent. He has the power to influence her employment negatively and this is also why she fears losing her job for reporting the case (Miller, 2014). 

Quid pro quo is the type of harassment that occurs when some type of employment benefit is made contingent on sexual favors in some capacity. 

Hostile work environment is the type of sexual harassment that occurs when there is frequent or pervasive unwanted sexual comments, advances, requests, or other similar conduct. It can also occur when there is other verbal or physical conduct that is sexual in nature (Miller, 2014).

The teacher should report the behavior even though she has not previously done so because by definition only a single incidence of quid pro quo has to occur for it to be illegal. Her job will still be protected because sexual harassment is illegal and she did not invite this behavior from her superintendent. In addition, the employer of the superintendent is also held responsible for qui pro quo because it is the employer’s responsibility to educate its employees on appropriate behavior and sexual harassment. Therefore, if the teacher decides to pursue a lawsuit against the superintendent, his employer will be held as equally responsible (Miller, 2014).

2. Specify the specific standard(s) in the Texas Code of Ethics to which this dilemma relates (you can find it HERE or navigate the TEA website for the TX Code of Ethics; How does it address the Code of Ethics adopted by the National Education Association (NEA) in 1975 (link)? 

   Texas Code of Ethics
   

(b) The Texas educator shall comply with standard practices and ethical conduct toward students, professional colleagues, school officials, parents, and members of the community and shall safeguard academic freedom. The Texas educator, in maintaining the dignity of the profession, shall respect and obey the law, demonstrate personal integrity, and exemplify honesty and good moral character. The Texas educator, in exemplifying ethical relations with colleagues, shall extend just and equitable treatment to all members of the profession. The Texas educator, in accepting a position of public trust, shall measure success by the progress of each student toward realization of his or her potential as an effective citizen. The Texas educator, in fulfilling responsibilities in the community, shall cooperate with parents and others to improve the public schools of the community. This chapter shall apply to educators and candidates for certification.

(9) Good moral character–The virtues of a person as evidenced by patterns of personal, academic, and occupational behaviors that, in the judgment of the State Board for Educator Certification, indicate honesty, accountability, trustworthiness, reliability, and integrity. Lack of good moral character may be evidenced by the commission of crimes relating directly to the duties and responsibilities of the education profession as described in §249.16(b) of this title (relating to Eligibility of Persons with Criminal Convictions for a Certificate under Texas Occupations Code, Chapter 53), or by the commission of acts involving moral turpitude, but conduct that evidences a lack of good moral character is not necessarily limited to such crimes or acts.

(D) Standard 1.4. The educator shall not use institutional or professional privileges for personal or partisan advantage

(G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws.

(J) Standard 1.10. The educator shall be of good moral character and be worthy to instruct or supervise the youth of this state

 (D) Standard 2.4. The educator shall not interfere with a colleague’s exercise of political, professional, or citizenship rights and responsibilities

(E) Standard 2.5. The educator shall not discriminate against or coerce a colleague on the basis of race, color, religion, national origin, age, gender, disability, family status, or sexual orientation

(F) Standard 2.6. The educator shall not use coercive means or promise of special treatment in order to influence professional decisions or colleagues.

 

3. Identify the ethically relevant issue(s) to which the ethical dilemma relates (for ex. religion in school, student’s rights, etc.).
   Students also experience sexual harassment in school whether it be by a peer or teacher. This also proves to be ethically relevant because then the question arises, is the student protected? Or will the student also be scared to report the incidence especially if the teacher is perpetrator. Just recently in Plano ISD a teacher sexually harassed and assaulted a 16 year old student. She stated that she even received money and gifts from him. The full story can be found here : http://crimeblog.dallasnews.com/2016/01/mcmillen-hs-teacher-in-plano-accused-of-improper-relationship-with-student.html/
   

   Aaron Reza 30 yr.

   In this case, the teacher has broken the NEA code of ethics because it clearly states,

   Shall not use professional relationships with students for private advantage.

 

4. Identify all persons or groups that need to be considered.

• “A special complaint process was expanded in the 1990s to protect you from harassment by your supervisors. If you believe that you are the victim of supervisory harassment, tell your chapter leader immediately. You should also notify your district representative. It is imperative that you keep an anecdotal log indicating the place, time, date and any witnesses who were present during each incident. Keep your log as objective and factual as possible (Harassment by Supervisors, 1999).”
• I believe that any person with information of the harassment should be reported to the principle and other supervisors,school board, and the school district. I believe it is best to keep other coworkers out of the situation unless they are having the same issues. Keeping this issue between higher ranked positions, and not between potential friends of the harasser would be best.
• According to this site, the district representative helps the teacher prepare the complaint, and it is filed with the chancellor. It is important to think of the resolution the teacher wants; to stop, a restraining order, for the harasser to be fired, an apology. The union will then investigate the school, the teacher, and the harasser and any witnesses.
  (http://www.uft.org/our-rights/know-your-rights/harassment-supervisors)

 

5. Identify what information – or additional information – you need to be fully informed.

• Keeping records of what was said, where the incident happened, the time it occurred, and if there were any witnesses is very important. this allows you to have sufficient evidence against your harasser and not just hear-say.
• “Make a written report stating that you have been harassed, and provide information about who harassed you, where and when it happened, what they did to you, and who else saw what happened…Keep a dated copy of your written report, and any other documents you provide to or receive from your school about your report of harassment (Know your rights, 2012).”
• In this particular case study we are given a Hostile work environment sexual harassment (HWE). we know this because it is a type of harassment that happens frequently, and usually involves sexual comments, passes, and/or questions/requests. These are examples of HWE; “Displays of inappropriate or offensive materials; Sexual jokes; Interference with someone’s ability to move freely;and Persistent, unwanted interactions, such as asking for dates continually(Miller, 2014).”

6. Develop several (at least 2) possible courses of action or alternatives.

• If a teacher chooses not report the harassment (right away) they can elect to talk to the harasser. sometimes men and women may think they are being nice and giving a compliment and do not realize they are making a person uncomfortable. Personally I would still keep a written (and a typed record, or several) of the abuse, and the conversation. If when confronted the harasser sees they have made the teacher uncomfortable, and the abuse does not happen any more then the problem is then resolved.

*******if the teacher chooses not to report the problem, nor confront the situation there are really no other options. a teacher should NOT leave, because that is running away form the problem, and they should NOT just let it go because it could develop into something worse. I would say seeking legal counsel for advice would be an option but i consider that reporting…*****

7.     For each alternative, identify the following:

•         Short-term consequences:

• If a victim decides not to report the harassment as soon as it occurs, and instead take their concerns to the harasser themselves then this could threaten the attacker into leaving you alone, although this approach does not guarantee that he/she will stay away forever.
• If a victim chooses not to report this harassment at all, nor address their concerns with the harasser this will just give the individual the green light to continue harassing you, period!

•         On-going consequences:

• If a victim decides not to report the harassment as soon as it occurs, and instead take their concerns to the harasser themselves then this approach may be favorable in some cases and may cause on-going consequences in others. Perhaps it is a big misunderstanding and the individual is unaware of how their actions or comments are affecting you. Although, in other instances the harasser may be fully aware of the way they are making you feel, and if you allow them to get away with this it could give the attacker more ammo to continue their indecent behavior.
• If a victim chooses not to report this harassment at all, nor address their concerns with the harasser this may very well lead to future attacks that may increasingly get worse with time.

•         Long-term consequences:
  • In this case study, I predict the long-term consequences would be the same as the on-going consequences.

•         Psychological costs:

• If a victim decides not to report the harassment as soon as it occurs, and instead take their concerns to the harasser themselves, then they may be putting themselves in a situation where the attacker may try to see how much more they can do before you actually threaten to report them. They may notice that you did not report them initially and think you are too weak to make the ultimatum. Therefore, they may decide to play mind games with you.
• If a victim chooses not to report this harassment at all, nor address their concerns with the harasser this may leave them feeling helpless and uncomfortable in life. This may even open the door for a victim to become depressed or mentally unstable.

•         Social costs:

• If a victim decides not to report the harassment as soon as it occurs, and instead take their concerns to the harasser themselves, then this may be looked upon by others as a, “why doesn’t he/she report this, could he/she be lying”, type of situation.
• If a victim chooses not to report this harassment at all, nor address their concerns with the harasser this may cause one to withdraw from social crowds and activities they might have normally participated in. Feeling unsafe in their workplace could easily turn into feeling uncomfortable everywhere a victim may go.

•         Economic costs:

• If a victim decides not to report the harassment as soon as it occurs, and instead take their concerns to the harasser themselves, then others that may be aware or informed may think this is the way to deal with sexual harassment issues. This may not be the most favorable approach for these types of situations, especially cases where the indecent acts are extremely severe and should always be reported immediately.
• If a victim chooses not to report this harassment at all, nor address their concerns with the harasser this may, then that could decrease the sexual harassment prevention rate by allowing your attacker to walk in his indecency without any consequences. In society, we cannot just let people get away with harassment of any kind.

 

8.    Name any Supreme Court cases and their rulings and/or legal terms that might apply to the given situation.

In Case Study #7 it can be concluded that this repeated harassment should not be brushed under the rug; the harasser should be held accountable for his/her actions in the court of law.

“In Brooks v. City of San Mateo, the court stated, “[A] sexual assault by a supervisor, even on a single occasion, may well be sufficiently severe so as to alter the conditions of employment and give rise to a hostile work environment claim.” However, in Lyle, the California Supreme Court stated: When the harassing conduct is not severe in the extreme, more than a few isolated incidents must have occurred to prove a claim based on working conditions.” (Broderick and Saleen, 2013)

9.    Take action. Identify what action you would take.

 If I were being harassed in my work environment I would first address my attackers’ actions as soon as it occurs; making sure that I express in detail the uneasiness they were subjecting me to. Secondly, I would document and inform others of the incident. If this indecent behavior continued, then without a doubt, I would report my harasser to higher authority.

10. Evaluate the action of the decision you have made and identify how it conforms to the Texas Code of Ethics.

Documentation in every step of reporting the harassment is crucial, as a paper trail will make it easier to defend yourself in a courtroom. Addressing the issue with the perpetrator of the harassment may not always resolve the issue. Retaliation may occur, in various forms, up to and including termination. Standard 2.2. The educator shall not harm others by knowingly making false statements about a colleague or the school system. By documenting and informing others of the incident, the victim is adhering to this part of the Code of Ethics. Also, if the perpetrator does retaliate against the victim, he/she will be violating Standard, which states that “The educator shall not retaliate against any individual who has filed a complaint with the SBEC or who provides information for a disciplinary investigation or proceeding under this chapter.”

References

Broderick, T and Saleen, K. (2013). A Victim’s Guide to Sexual Harassment: Chapter Two. Quid Pro Quo Sexual Harassment and Hostile Work Environment Sexual Harassment. [online book]. Retrieved from http://www.sexualharassmentlawyersanjose.com/online-e-book/chapter-two-quid-pro-quo-sexual-harassment-and-hostile-work-environment-sexual-harassment/

Harassment by Supervisors. (1999). Retrieved March 05, 2016, from http://www.uft.org/our-rights/know-your-rights/harassment-supervisors

Know Your Rights: How to Report Harassment in Public School. (2012, January 17). Retrieved March 05, 2016, from https://www.aclutx.org/2012/01/17/know-your-rights-how-to-report-harassment-in-public-school/

Miller, B. (2014, September 3). Sexual Harassment in the Workplace: Quid Pro Quo Versus Hostile Work Environment | HR Daily Advisor. Retrieved March 05, 2016, from http://hrdailyadvisor.blr.com/2014/09/03/sexual-harassment-in-the-workplace-quid-pro-quo-versus-hostile-work-environment/

National Education Association. Retrieved from http://www.nea.org/assets/docs/2013-NEA-Handbook-Code-of-Ethics.pdf

Texas Code of Ethics. Retrieved from http://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=19&pt=7&ch=247&rl=Y