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January 1, 2004
Sexual Harassment
A few days ago, Eric at Straight White Guy, one of my favorite bloggers, blogged about this case:Court Reinstates Suit Over Prof Calling Student Lewinsky. The gist of his post was that the young woman in question was being overly sensitive, and that she had no reason whatsoever to go to the courts to address the comments made by the professor.
I disagree. Professors are in positions of power over their students. Humiliating her in front of other students simply because she has the misfortune to resemble Monica Lewinsky is offensive. But it becomes harassment when he starts making the cigar comments. The man had the power to change her grades, which makes it even more odious.
I wanted to learn more about the case. It is a lot more damaging to the professor than in the AP news report that Eric linked to. Here is the link to law.com, which has a very good summation of the case.
It is important to note the appellate court's findings
As a teacher at a state university, Young was a state actor vested with considerable authority over his students, the panel found.Further, his "Monica" remarks lacked any "legitimate pedagogical purpose that might merit the kind of First Amendment protection that has long been recognized in the academic arena," the court wrote.
The man relentlessly harassed this young woman, even though she had asked him on numerous times to stop.
Young's conduct was not limited to the "Monica" moniker. He allegedly opened virtually every Tuesday morning class session by asking Hayut, in front of the entire class, "How was your weekend with Bill?"The plaintiff alleged that two other times in class Young told Hayut to "be quiet, Monica. I will give you a cigar later."
Hayut contends that she asked the professor to stop, but he ignored her. The references led other students to mockingly address the student as "Monica" outside the class, according to the decision.
Ms. Hayut (the victim, yes the victim here) took all the appropriate actions - went to the University Administration, etc. But it was too late. Her studies suffered because of the incredible humiliation she was going thru - at this point, not just by the asshat professor, but by fellow students.
The Appellate Court was correct, and perhaps after reading more info on the case, even Eric might agree.
Posted by Beth at January 1, 2004 10:12 AM
Comments
Oh, wow. What would possess that man to act in such a way - and I don't care who she looks like!? Professionalism is lost on some people. *shakes head*
Posted by: pam at January 1, 2004 10:38 AM
..hmmm...I agree that the guy was totally out of line, and I mentioned that in my post...I agree that someone should have had some wall-to-wall counseling with him...either the college, or the said victim's family member/husband/girlfriend/whatever...but, what irked me at the time was that she sought a legal recourse...in my mind, that is wrong...getting him fired for being a bad teacher, or misusing his power as a professor seems natural...taking him to court? I disagree with that...
Professionalism and common decency are indeed lost on this man..
Posted by: Eric at January 1, 2004 11:34 AM
Well, Eric... I'm not so sure I agree with you here. She did go to the school administration, and while in the end, AFTER the semester was over, they did do something about it, (retired the guy) I don't think they acted as quickly as they should have in this case.
And, reality is, many times the only way to influence a governmental entity is via the courts, and hitting them where it matters - in their budgets.
She should be suing the Prof, if only to get $50 a month from his pension check, just so the little weasel can be reminded on a monthly basis not to be a dick.
There's too much info we don't have. You and I should get on the jury - we'd probably have fun...
Posted by: John of Argghhh! at January 1, 2004 11:49 AM
I wonder what the prof's problem is/was. Why would he choose to pick on her like that? Had he ever done anything like that before? His behavior is inexplicible to me.
Posted by: Jack at January 1, 2004 1:17 PM
