Los Angeles Sexual Assault Lawyer Blog

It's true that the majority of Orange County sexual harassment claims originate from issues in the workplace.

However, our Orange County sexual harassment attorneys are beginning to wonder if that's only because young students don't typically have the resources to file sexual harassment suits - or maybe their parents just don't realize what's happening.

According to a survey conducted by RTI International, students in the seventh-grade are experiencing alarming rates of sexual harassment and sexual violence at the hands of their peers.

In fact, of the more than 1,400 students, the majority of whom were 12 years-old, who were questioned, about half said they had experienced some form of sexual harassment within the previous six months. These acts included actions such as being pinched or grabbed or being the target of sexually-motivated "jokes."

Sexual harassment is considered a form of discrimination, and both federal and civil laws protect individuals from being subjected to it. Under federal law, it's outlined in Title VII of the 1964 Civil Rights Act. It holds that employers (namely, public employers, labor unions and employment agencies) are responsible for stopping and preventing sexual harassment on the job. California's Fair Employment and Housing Act essentially requires the same.

So if you work in a school district and are harassed by a teacher, that's covered. And if the aggressor happens to be a teacher or other school staff member, a recent ruling in Santa Clarita - C.A. v. William S. Hart Union High School District - allows that a student can sue the district when the school has failed to protect a student from those advances.

But if you're a student and you're aggressor is another student, the law is less clear. However, that doesn't mean you or your child don't have options.

The first thing you should do is consult with an experienced Orange County sexual harassment attorney. He or she can help you sift through the facts of the case and determine your best course of action.

Young teens are just beginning to awaken to their own sexuality, and many are often not instructed on how to behave appropriately. But that does not excuse the behavior or mean that you or your child should have to suffer it. In situations in which the teacher or school district has refused to take action to eliminate these unwanted advances that create a hostile learning environment, it becomes even more important to retain the services of an attorney.

The RTI study also took it a step further to analyze dating violence among seventh-graders, and discovered that, too, was occurring at an especially alarming rate. While 75 percent of these 12-year-olds reported having already had a boyfriend or girlfriend in the past, about 1 in 6 said they had suffered some form of violence from that person. More than 30 percent said they had been harassed by a romantic interest via social media channels, such as Facebook.

Continue reading "Orange County Sexual Harassment Among Students: A Growing Phenomenon" »

Controversy is becoming El Camino College's middle name, following its recent settlement of a second California sexual harassment case and its fourth that has been filed within a year.

Our El Camino sexual harassment attorneys know that one case is often enough to tarnish the reputation of an esteemed university. Four seemingly signals an epidemic.

In fairness, two of those cases resulted in victories for the university when they went to trial. The other two, however, have been settled by the university for between $750,000 and $2.5 million.

Both of the latter cases, according to The Contra Costa Times, reportedly involved the same, 75-year-old individual.

Sexual harassment in a California workplace is a form of discrimination under the California Fair Employment and Housing Act. It's also illegal under Title VII of the 1964 Civil Rights Act, and retaliating against someone for refusing to submit to sexual advances in the workplace is also illegal.

Some of the quid-pro-quo situations are fairly straightforward, i.e., "Sleep with me or I'll fire you." Other situations, though, are more nuanced. For example, you file a complaint about harassment and you subsequently are forced to take an unexplained leave of absence, although the person you accused continues to work. Retaliation can also take the form of reassignment or demotion.

In the El Camino College cases, the violations appear to be quite blatant.

In the most recently-settled case, a 53-year-old administrative assistant filed a complaint that for six years, between 2004 and 2010, the ex-vice president and dean of the school started at her chest, touched, kissed and groped her and demanded she have sex with him or face a poor job evaluation or even firing. When she refused his overtures, he reportedly responded by yelling at her, taking work away from her and criticizing her work.

She was awarded $750,000.

Another woman, who has since left her position as a secretary at the school, also alleged extreme harassment at the hands of the same individual. The details of her case were even more alarming. According to her, the administrator raped her in his locked office, and offered her hundreds of dollars for sex. She was ultimately awarded $2.5 million.

The administrator in the case, who no longer works for the university, flatly denied the claims, saying the he did have a sexual relationship with his 34-year-old secretary, but it was consensual. At the time of his retirement in 2010, he had been at the school since 1975, and was earning a yearly salary of more than $140,000. He was even inducted into the school's Athletic Hall of Fame.

Given his clout within the college, it's easy to understand why two subordinates would believe him when he reportedly said he was in good with the union president, so it would be pointless to utter a word of any of it to anyone.

The two other cases that went to trial involve a discrimination case by a former female dean who alleged she was a victim of the school's "good old boys" club that stunted her career advancement and a professor who said she was pushed out for taking too many days off following a sexual assault she said was perpetrated on her by a former dean several years ago.

Continue reading "California Sexual Harassment Cases Plague El Camino College" »

The California Supreme Court has upheld a ruling by a lower court that gave students the right to sue school districts when they have suffered sexual harassment or sexual abuse by employees.

Our Orange County sexual harassment lawyers are pleased that the courts sided with students, which will help hold districts accountable when children are targeted by predatory employees.

School districts have a responsibility to keep students safe from sexual harassment in Orange County and throughout the state. Sexual harassment law, as defined in California Penal Code 1604.11, specifically deals with workplace harassment. The law essentially says that employers can be held liable for sexual harassment between employees if the employer knew or should have known about it, but did nothing to intervene.

Of course, schools are workplaces, so teacher-to-teacher or administrator-to-teacher harassment would certainly fall under the law's purview. Students, however, should be afforded even greater protections because often, the abuser is coming from a unique position of power.

In this case, C.A. v. William S. Hart Union High School District, the minor child sued the school district for damages following alleged sexual harassment and abuse from a school guidance counselor.

According to the suit, the victim, identified only as C.A., said that he was sexually harassed and abused by the head female guidance counselor when he was 14 and 15 years-old from January 2007 to about September 2007. The guidance counselor, under the premise of helping the student, began driving him home. Eventually, this led to her touching and hugging him, and eventually advanced into more egregious violations, including masturbation, oral sex and intercourse.

The plaintiff in the case alleged that the district either knew or should have known what was going on. If it did not, it was due to a lack of supervision and failure to have in place sexual harassment and abuse guidelines to protect students.

The school argued it wasn't responsible because the acts in question occurred off school grounds.

The court, however laid out that school administrators have a responsibility to take what would be considered reasonable measures to protect students from abuse and harassment from "foreseeable sources," which include counselors or teachers that they know or have reason to think might be perpetuating such abuse.

An attorney for the district says the ruling is going to expose districts to lawsuits that can be filed regardless of whether such allegations are true. He argued that the ruling is likely to interfere with the state's ability to educate students.

Our Orange County sexual harassment attorneys would point out: How can a student focus on any form of quality education if he or she is being harassed or abused?

Continue reading "Orange County Sexual Harassment Victims Can Sue Schools: C.A. v. William S. Hart Union High School District" »

Big news throughout Los Angeles recently has been related to a teacher accused of blindfolding children, taping their mouths, putting cockroaches on their faces and even possibly feeding them semen on a spoon.

Two teachers have been charged with crimes related to this alleged activity. The big question is why it wasn't stopped or reported sooner. Some experts are looking to school officials to determine why policies, especially related to sexual harassment in Los Angeles, weren't followed or enforced.

Sadly, Los Angeles Sexual Assault Lawyers have seen that sexual harassment can happen in schools. Students, just like fellow teachers, must be protected from this form of harassment. Regardless of the setting, whether in government work, private business or an educational setting, no one should have to endure sexual harassment.

In schools, teachers may be tempted to flirt with students who are more advanced in age. In college, perhaps this is more of an issue than in high school or middle school.

Flirting isn't the only way sexual harassment can happen. Often, sexual harassment isn't about sex or sexual attraction, but exhibiting power. Many times, a person in power -- in this case, a teacher or professor -- can use that influence to attempt to put pressure on the student. They make inappropriate sexual references or take other actions that can make a student uncomfortable.

This puts the victim in a difficult position. For a middle school student, they may not know how to process the information and may be likely to hide what has happened. Their grades and behavior may suffer. The same could happen to high school students, though if they are older, they may be more likely to report. Still, they will have to endure rumors and pressure from peers.

In college, this could ruin a student's experience. They may be excited about their new field, but after suffering harassment by a professor they regularly see, it could cause them to transfer. With universities often protective of professors, a successful complaint could require a high standard of proof.

Not reporting it will simply allow the behavior to continue. Handling it alone, though, could be a big mistake. These topics are important to address and also are risky. Ensuring that a person is well-represented is critical.

According to news reports regarding the Los Angeles case, a veteran middle school teacher was arrested after photos surfaced of the alleged violations against students. A second teacher has also been arrested for alleged lewd acts against two girls who were 7 years-old.

One thing officials are looking at is whether proper sexual harassment procedures and training was followed by co-workers. In many situations, co-workers, as well as supervisors, are responsible for recognizing acts that could be construed as sexual harassment. There may also be times where these signs can be pointed out to protect subordinates and other clients.

If co-workers noticed something wrong but didn't do anything, they, too, could be held liable. This is why it's important for these cases to be fully investigated to ensure that rules and laws are followed.

Continue reading "Los Angeles Schools Abuse Case Brings up Questions of Sexual Harassment Policies" »

A recent story out of Connecticut is both frustrating and terrifying for our Los Angeles Sexual Assault Lawyers because it goes to show the ignorance of people in power.

In 2008, a Muslim college student, hoping to get education and certification to be a chiropractor, instead was sexually harassed by a male student. When she reported it to teachers, they urged her not to say anything. The harasser then reported the woman to the FBI, who began a terrorism investigation.

Sexual harassment in Los Angeles is a serious offense and it can be made even more devastating when officials who take these reports don't respond appropriately. Schools, businesses and governmental bodies must have sound sexual harassment policies as well as procedures in place to handle these types of situations.

A sexual harassment victim initially is frightened and feels violated and uneasy. When people who should be there to help make the situation worse, it only complicates the issue. When there are matters of religious discrimination and race discrimination as well, it can make for an explosive situation.

According to the news article, the African-American Muslim student enrolled in a university in Connecticut in 2008 just hoping to get an education. She said she was subjected to repeated sexual advances and "graphic offensive comments" by a male student.

Naturally, she went to several teachers to report the problem. Rather than help her, the teachers urged her not to say anything. She went to the university's president and dean, who allegedly told her "My hands are tied, what do you suggest I do?"

Upon hearing about the complaint, her harasser then went to the FBI, alleging that she was involved in terrorism. After learning about that, the university then expelled the woman. Two university security directors told her that someone had made allegations against her and that the person threatened to call the FBI and have her arrested.

Later, FBI agents found her and knocked on her apartment door, questioned her and left a business card, according to a lawsuit she has filed. The woman asked for special accommodations from the university, which said the sexual harassment claims had been dismissed and that she was being expelled.

The lawsuit alleges that university officials did nothing to investigate her claims of sexual harassment and then reacted poorly by expelling her based on false accusations. Because she regularly wears the hijab, she was an easy target based on her race and religion.

Imagine how victimized this young woman feels? Instead of trying to get a sound education, she probably believed she had no allies and that no one was willing to protect her rights.

Many sexual harassment victims in Los Angeles feel the same way. They are put in an uncomfortable position and the only way to ensure they are treated fairly is if proper policies and procedures are put in place and followed. A culture of sexual harassment can't exist in this day and age.

Continue reading "Muslim Student Reports Sexual Harassment, Is Expelled, Investigated" »

Some people believe that the only place you may find sexual harassment in Los Angeles is inside sleek glass office buildings, inside board rooms or at government buildings.

But is has been well documented in recent years that high schools and colleges have been prone to sexual harassment allegations and not just within the professors' lounge. Many students have come out with allegations against faculty and staff, claiming that they were subjected to sexual harassment.

Our Los Angeles Sexual Assault Lawyers believe that sexual harassment shouldn't happen anywhere, but it certainly shouldn't be happening to our young people. Going through school, whether high school or college, is enough of a challenge without having to deal with sex-based harassment.

The added pressures of being sexually harassed can do nothing but harm. As we reported on our blog in November, nearly 1 in 2 students -- 48 percent -- report they have been sexually harassed at least once in middle or high school. The fact that it's starting in middle school is horrendous.

What better setting for sexual harassment to run rampant than at colleges and universities? There, professors are tenured and well-respected. They have built up good will and are presented with thousands of co-eds, many young and attractive. But some, rather than focusing on their jobs and their task of educating young people and preparing them for a successful future, are using their power to sexually harass students or other co-workers. This is simply not acceptable, but it happens.

The University City Patch recently reported that a former Washington University graduate student filed a lawsuit recently against the St. Louis college, alleging that a printmaking professor sexually harassed her.

According to the news story, the university filed a lawsuit against the Missouri Commission on Human Rights asking the court to stop an investigation into the discrimination allegations. The court in that case has yet to rule.

According to the woman's lawsuit, she alleges the professor was assigned to be her advisor and that he suggested her work include violence, assault and rape against women. He further directed her to use big, silicone, human-like breasts on animals and make blood a part of her work, including sexually suggestive and violent topics, the lawsuit states.

He also allegedly said he needed a "hot blonde" to sell his work and told the student she needed to use her "sex appeal" to sell his work.

In a case out of South Carolina, a former women's soccer top recruit filed a sexual harassment lawsuit against the university and five officials alleging she was harassed and denied a scholarship because of unwanted sexual advances from a coach.

Rather than conduct an investigation, the lawsuit states, officials steered conversations with the student's parents into trying to pacify them. An advisor told her the coach had had other allegations with students.

Not reporting sexual harassment at school allows it to continue. The only way to stop it is to ensure officials know. Getting sound legal advice from an experienced Los Angeles Sexual Assault Lawyer should be your first step.

Continue reading "School Sexual Harassment in Los Angeles Happens, but it Should be Stopped" »

Major controversy erupted in North Carolina recently when a school system suspended a 9-year-old boy because he called his teacher "cute," Fox News reports.

Certainly sexual harassment anywhere, including sexual harassment in Los Angeles, is a serious offense. And as we have reported on Sexual Harassment Lawyer Blog, half of students feel they have been sexually harassed at school.

So, the issue of sexual harassment at school is an issue that must be addressed. But, there also must be perspective in situations like this. Most people who are guilty of sexual harassment, our Los Angeles sexual assault attorneys have found, are adult men in corporate settings. This doesn't mean that women can't be the perpetrators -- that certainly happens as well.

But to consider a child, not even a teenager, was punished for sexual harassment seems to be quite a stretch. According to Fox News, the boy's mother got a call from the principal at the elementary school, who said the comment of calling a teacher "cute" was a form of sexual harassment. The boy was suspended for two days.

An official said the boy was suspended for "inappropriate behavior" for making "inappropriate statements." The news comes as Massachusetts officials are investigating claims of sexual harassment after a first-grader struck another boy his age in the groin. Those boys are 7.

The Charlotte Observer is reporting that the long-time principal of the North Carolina school in question has recently resigned.

The man has worked in the school district for more than 40 years and resigned from the elementary school because of the flap caused by his decision to suspend the 9-year-old. The newspaper reports the boy called a teacher "fine." The boy told his mother he said "cute."

School officials reviewed the case, the newspaper reports, and found that the boy was not guilty of sexual harassment as the mother was first told and his suspension was later erased from his record.

The school administrator -- with 15 years as a principal and 34 years of experience in the system -- told a newspaper he was forced to resign or be fired. School officials said he resigned.

The awareness of sexual harassment has moved in waves in this country. At times, people have seemed to be aware of it and at other times, its importance to some people has waned.

Every day, it happens. Sexual harassment in Los Angeles is a problem, yet many corporations don't take it seriously. Saying something of a sexual nature in a business setting is inappropriate and unlawful. Sending vulgar and sexually themed e-mails and asking for sexual favors in exchange for work or promotions are all offenses that can be used in support of a sexual harassment lawsuit.

Continue reading "9-Year-Old Suspended From School For 'Cute' Comment, Sexual Harassment" »

A recent study by the American Association of University Women found that 48 percent of high school and middle school students surveyed believe they have been sexually harassed at least once, typically by their peers, according to U.S. News & World Report.

Allegations of sexual harassment in Los Angeles, regardless of the setting, is inappropriate. Sexual harassment comes in many forms and from many people. It is as simple as someone sending an e-mail that has sexual overtones and makes someone uncomfortable. It can be as extreme as someone asking for sexual favors in order to get or keep a job.

Los Angeles Sexual Assault Lawyers have seen everything in between. In many cases, people who commit these unlawful acts are in a position of power and use that power to ensure they don't get caught.

In office or business settings, this typically can happen when there is a culture that allows for these things to go on. If no one else is reporting it, a person may feel he or she would be a "tattletale" if they step up and fight back. Or, given our difficult economic climate, a person could feel nervous that he or she would be retaliated against if they spoke up.

While this harassment shouldn't be going on at work, it certainly shouldn't be happening to our children. But it is, a new survey found. Of the respondents, 48 percent said they have been sexually harassed in school -- middle and high school. That means that children around 12 to 18 feel that they have been sexually harassed.

Girls are more likely to be sexually harassed -- "unwelcome sexual behavior that takes place in person or electronically" -- in the survey than boys. About 56 percent of girls said they were sexually harassed at least once in the last school year. Thirty percent said the harassment came electronically, while 44 percent said it happened in person. The electronic harassment could have come via text message, Facebook or email.

The survey asked 1,965 students in both private and public schools. Girls, whose bodies were more developed than their peers', were more likely to be harassed. Boys who are overweight or "not very masculine" were more likely to be opened up to harassment.

About 13 percent of girls said they were touched in an unwelcome sexual way, while the majority -- 33 percent -- said they were the target of unwelcome sexual comments or jokes. Another 18 percent said they were called gay or lesbian in a negative way.

The problem here is that these remarks can have a long-term effect on the students. Eighty seven percent of respondents said the harassment had detrimental effects on them. About 33 percent said they didn't want to attend school after and some had difficulty sleeping or studying.

This happens to adults, too. Many victims of sexual harassment don't want to go to work where they feel they are opened up to sexual advances. This can cause depression or other mental issues. Sexual harassment in Los Angeles is serious and can have long-term consequences. Discuss your case with a lawyer today.

Continue reading "Survey Finds That Half of Students Sexually Harassed in Los Angeles Schools" »

The California State Senate recently passed the Equality and Equal Access in Higher Education bill (AB 620), which aims to stop harassment and bullying against LGBT (lesbian, gay, bisexual, and transgender) students and staff members at all California public and private colleges.

This bill was first introduced by Assembly member Marty Block (D-San Diego) and was sponsored by Equality California, according to San Diego Gay & Lesbian News.

Under this legislation, public universities and colleges are required to create and enforce a policy for all campus members that would regulate intimidation and harassment in California. It would be included in the school's code of conduct. AB 620 is an addition to the current 2009 California Postsecondary Education Commission, which requires that staff members address the needs of LGBT students, faculty and staff members.

Our Los Angeles sexual assault attorneys understand that while this bill doesn't have the ability to protect all LGBT residents in our state, this is a beneficial step towards total acceptance. So many times, residents are singled out and bullied because of their sexual orientation. Residents have a right to freedom and protection and we're here to help obtain these rights for our residents, tourists, workers and students.

"Students attending our public colleges and universities deserve a campus that is serious about providing a safe environment," said Block.

Unfortunately, harassment and bullying continues to be a threat to LGBT students in our state. The result of such oppressive behavior oftentimes forces these individuals to underperform in class and eventually drop out of school. This type of behavior should never be tolerated in any situation.

A number of colleges and universities currently collect information regarding student and staff member's gender identity and sexual orientation just as it would race, ethnicity and gender. Under the bill, all colleges must offer these check-boxes.

According to a University of California Undergraduate Experience Survey (UCUES) that was conducted in 2008, a number of LGBT students in the state constantly face obstacles and challenges that many heterosexual students do not.

These additional obstacles are addressed through additional resources and campus services to help them to fight through the issue and to continue on in a successful path to a higher education. The survey also concluded that LGBT students have a higher rate of substance abuse, sexual health risks, family acceptance issues and mental health challenges, in comparison to heterosexual students, because of bullying, harassment and discrimination.

About a third of all LGBT students confess that they have serious depression concerns. This concern is roughly 50 percent higher in these students than the concerns in heterosexual students. Lastly, more than 90 percent of surveyed heterosexual students reported they felt "respected on campus." Less than 75 percent of LGBT students reported this feeling.

Continue reading "LGBT Students Protected Against Sexual Harassment in California under AB 620" »

A recently released audit reports that the state agency did not investigate teachers who were accused of sexual harassment in Los Angeles in a timely manner. Such teacher were accused of kissing a student, sexual harassment or showing pornography to children, according to the Los Angeles Times. The state agency that did not investigate these accused teachers is in charge of revoking education credentials.

Nearly 13,000 cases, from the summer of 2009, were backlogged by the state Commission on Teacher Credentialing. The California state auditor located nearly three years' worth of these cases, concluding the commission didn't keep track of data and was often slow to looking into the allegations.

A Los Angeles sexual harassment attorney should be contacted immediately if you're facing sexual harassment charges. Case law from the Los Angeles Superior Court, the California Courts of Appeal and the California Supreme Court make arguing sexual harassment and the applicability of Sexual Harassment Laws a complex process.

The audit shows that changes must be made said Senate President Pro Tem Darrell Steinberg (D-Sacramento).

"These conditions appear to have resulted in delayed processing of alleged misconduct and potentially allowed educators of questionable character to retain a credential," wrote Elaine M. Howle, the state auditor, in a letter to the lawmakers.

The commission is made up of more than 30 full-time staffers including six investigators and is overseen by an appointed board. The board voted to revoke the credentials of 306 teachers and administrators last year.

Auditors of the commission found that commission employees moved too slow and also noted that it took the commission more than two months before reviewing 11 of the nearly 30 cases that the auditors examined.

In one specific case that they audited, a teacher was accused of kissing a student back in 2007. The commission didn't contact the school district until 2009. In a separate incident, the commission learned a teacher was accused of showing a middle school student pornography in 2008, but didn't request police documents until two years later, in 2010. By the time this second incident was brought to light, the principal who initially reported the incident had retired and the student who allegedly saw the photographs could not recall the details.

One of the explanations from the commission for taking such time to investigate is that they're required to wait until local law enforcement and schools districts finish their investigations before they can proceed with theirs.

The audit suggested that the commission update their database and provide more thorough training to ensure that proper information is collected and is easy to retrieve. They're also urged to study their workload to determine if more employees are needed for effective function.

"We're taking the recommendations very seriously," said Marilyn Errett, a commission spokeswoman.

Since the audit, the commission has started entering arrest data electronically.

Los Angeles Sexual Assault Lawyers understand the severity behind such allegations and urge you to contact an attorney before making a statement with officials. Often, defendants are likely to make incriminating statements in the absence of an experienced lawyer. You are urged not to settle for a quick plea bargain -- which will never eliminate the cloud of suspicion and could have consequences like sex-offender registration. Being forced to register as a sex offender could follow you for life.

The slipshod methods revealed by this audit, also call into question the quality of those investigations that were conducted -- yanking a teacher's credentials can have life-long consequences. Teachers need to stand up for their rights at the earliest stages of such investigations.

Continue reading "School Officials Fail to Record and Investigate Los Angeles Sexual Harassment Cases Accurately " »

A Los Angeles Superior Court judge has ruled against parents seeking personnel records of a teacher accused of violating the school district's sexual harassment policy and of having an inappropriate relationship with a female student.

Our Pasadena sexual harassment attorneys and criminal defense lawyers are frequently called to deal with allegations of misconduct involving a school employee, or that which occurs on school grounds. These cases can be among the most sensitive a law firm can handle.

A teacher or other employee who is accused of sexual harassment or sexual misconduct at school deserves the benefit of the doubt -- the same as anyone accused of wrongdoing. However, a rush to judgment too often leaves a teacher or school employee with a ruined reputation, and without a job, regardless of the outcome of the investigation or civil or criminal court proceeds.

In this case, a parent with the Santa Monica-Malibu Unified School District filed a public records request seeking to learn more about an investigation into the alleged misconduct of a math teacher, according to the Santa Monica Daily Press.

Some 140 people also signed a petition indicating they disapproved of the district's handling of the investigation (this, while knowing few of the facts). The district was going to fulfill the request and the teacher was forced to legally fight the release of his personnel file.

A district letter indicates the teacher was placed on leave in December 2008 for violating the district's sexual harassment policy. He was placed on leave the following year for allegedly having inappropriate contact with students via Facebook.

The superintendent has refused to comment. The district's policy on sexual harassment covers everything from jokes to unwanted sexual contact and advances. The teacher said release of his personnel file could discourage district personnel from cooperating with future internal investigations.

Continue reading " School case illustrates charged atmosphere surrounding allegations of sexual harassment in Orange County schools" »