Maryville, TN asked in Civil Rights and Education Law for Tennessee

Q: A college professor put their hands within inches around my neck during class joking about choking me. Is this legal?

I was only asking the professor at the time if an outline was necessary since I knew I probably wouldn't finish if I had to write one. He then proceeded to inform me that I had to do it and that it was something I was supposed to have learned in comp. Mind you that I never said I could not write an outline to the professor. I then said that I might not finish in time if I do and he proceeds to tell me if I do this, I won't run out of time since it takes more time without an outline. Trying not to argue, I submit and agree to the absurd standards, to which he smirks and places his hands within inches of my throat, but still on my person in front of the students since I was in the front row before walking back to his desk for us to write. I acknowledge this teacher comes from a hispanic background, but my rights as a female student and a right to privacy should also come into play here, right?

Related Topics:
1 Lawyer Answer
Marjorie A Bristol
Marjorie A Bristol
Answered
  • Education Law Lawyer
  • Goodlettsville, TN
  • Licensed in Tennessee

A: It is legal if he did not harm you, but merely put his hands on you as long as those hands were not in an area that would be considered a sexual touching. That being said, it may not have been appropriate conduct for a professor. You should report the incident to the college authorities. Based on the facts you described, I am not sure what race, ethnicity or gender has to do with the situation, but if you felt uncomfortable, report it to someone you trust on campus.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.