My daughter told me her school gym teacher is making unwanted comments about her body. Is this sexual harassment and can I sue?

Question: My daughter has mentioned that her gym teacher makes her feel uncomfortable by making comments to her about her body during class. She sees the teacher twice a week and experiences extreme anxiety every time she going to gym class. I have reported the incidents to the school but is there any legal action I can take?

Response: Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex, including sexual harassment, in education programs and activities. All public and private education institutions that receive any federal funds must comply with Title IX. Title IX protects students from harassment connected to any of the academic, educational, extracurricular, athletic, and other programs or activities of schools, regardless of the location. Title IX protects both male and female students from sexual harassment by any school employee, another student, or a non-employee third party. Sexual harassment is defined as conduct that is sexual in nature, unwelcome, and denies or limits a student's ability to participate in or benefit from a school's education program.

If the gym teacher's comments are unwelcome by your daughter and denying or limiting her ability to benefit from the school's program, there may be a violation of law and a case of student sexual harassment. Moving forward, please consult with a sexual harassment lawyer to determine the best course of action to take in your case.

Answered by Jason Tong

Additional Resources:
U.S. Department of Education-Student Sexual Harassment
Sexual Harassment Lawyer

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