Legal Question in Sexual Harassment in California
Middle school comments
A relative's 12 year old son was accused of making a comment, Meet me at McDonalds and bring cherry flavored condoms.
This commentwas supposedly made during class. No other students heard this comment. The teacher was not aware there was a problem as these children 2 girls and 1 boy.
The boy says that the girls were always speaking in spanish so he complained to the teacher. The girls did not want the boy in the group and wanted him removed. They then told a parent of the comment. School administrator could not confirm said comment was made. Students who sit near did not hear this comment being made. If the comment is unfounded would it constitute sexual harrassment?
1 Answer from Attorneys
Re: Middle school comments
If the comment was unfounded would it constitute sexual harassment? Unfounded comments cannot be sexual harassment, by virtue of the definition and logic.
I don't believe that the problem here is sexual harassment, since you haven't described any traditional defining facts regarding what is "sexual harassment" (i.e., quid pro quo statements, a subjective uncomfortable environment, etc.).
I would tend to believe that the larger problem here is the school's no tolerance policy, if one exists. Best of luck.
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