BEHIND SCHOOL DOORS: THE ARBITRATION OF SEXUAL MISCONDUCT CASES INVOLVING SCHOOL EMPLOYEES AND STUDENTS

MICHAEL MARMO AND SUSAN MARMO


DOI: 10.2190/7318-6HEB-XAM5-59PA

Abstract

The issue of sexual abuse of children by adults has received increasing attention in recent years. We are beginning to realize that such behavior is not limited to deviants who are easily recognized by their manner of dress, occupation, age, marital status, or sexual orientation. Because sexual abusers of children are now understood to come from all segments of society, it is understandable that schools are not immune to such behavior. In fact, schools are in some ways particularly vulnerable to the problem; they have large numbers of children who are typically in the presence of only one adult at any given time, and most children are acculturated to respect and trust school employees. If an allegation of sexual abuse of a student by a school employee does surface, it may result in a criminal case, a disciplinary action by the school system against the employee, or both. The purpose of this article is to examine cases in which school employees who were disciplined for sexual misconduct involving a student appealed their cases to arbitrators. Legal proceedings are considered only if they impinge on the arbitration process.

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