Sexual Harassment in Education Sector

When School Isn’t Safe Anymore

Educational institutions are supposed to be places of safety, growth, and trust. But when sexual harassment enters the picture—whether it’s between students, staff, or faculty—that sense of safety crumbles.

In schools, colleges, and universities, the power imbalance can be intense, and the damage runs deep. If you’ve been mistreated in a New York educational setting, you’re not overreacting, and you’re not alone.

And if you’re in New Jersey, Maine, New Hampshire, or Vermont, things work a little differently. While the protections still exist, the standards, timelines, and reporting requirements vary by state. 

Our employment law attorneys at Horn Wright, LLP, have successfully handled education-based sexual misconduct claims across all five states, and we know how to adjust your strategy to fit your specific location.

Harassment in Schools Has a Power Problem

Sexual harassment in education isn’t always about overt misconduct. Sometimes it’s subtle. Sometimes it hides behind “jokes” or casual invasions of space. And sometimes, it’s about pressure from someone who holds the keys to your future—grades, recommendations, scholarships, even employment.

• Teacher-to-student harassment. This is one of the most serious forms of misconduct. The teacher-student relationship is built on trust and authority, and when it’s abused, the student may feel powerless to say no. Even “consensual” relationships aren’t legally valid when there’s a clear imbalance of power.
• Student-on-student misconduct. Harassment between peers isn’t harmless. Whether it happens in hallways, locker rooms, or online, schools have a duty to address it. Brushing it off as “kids being kids” isn’t an excuse.
• Staff-to-staff misconduct. Whether it’s an administrator harassing a teacher or inappropriate comments in the breakroom, schools are workplaces too. Employees in education settings are entitled to the same workplace protections as any other profession.
• Sexual misconduct during extracurriculars. When harassment happens during sports, clubs, or off-campus events, schools still bear responsibility. If the school organized or sanctioned the activity, their duty to protect students and staff doesn’t end at 3 p.m.

In all these cases, the school’s response, or lack of it, can be just as damaging as the misconduct itself.

Where Title IX Meets State Law

Sexual harassment in education settings is governed by Title IX, a federal law that prohibits sex-based discrimination in any school receiving federal funds. But that’s not the whole story, especially in New York.

New York’s Human Rights Law and Education Law Section 2801-a create strong additional protections. Schools must adopt comprehensive codes of conduct, harassment reporting systems, and prevention programs. 

Public K-12 schools are also subject to the Dignity for All Students Act (DASA), which requires proactive intervention when bullying or harassment occurs, even between students.

If a school fails to investigate or retaliates against someone who reports harassment, it can be held liable. And thanks to recent legal updates, victims in New York now have a longer timeline to file complaints and seek justice.

Meanwhile, federal courts continue to raise the bar on what counts as a “deliberate indifference” to harassment. In practice, that means schools can’t just sit on their hands. They must investigate, respond promptly, and take meaningful steps to protect victims.

The School Knew And Did Nothing

Some of the worst damage in school-based harassment cases comes from administrators and school boards that fail to act. When schools ignore warning signs, dismiss complaints, or punish the person who came forward, they become part of the abuse.

• Delayed investigations. If weeks or months pass before a school starts looking into a complaint, that delay can be used as evidence of negligence. Victims often feel unprotected while the clock ticks and courts take note.
• No meaningful action. Suspension for one day. A quiet transfer. An apology letter. These responses can be insulting. Schools that downplay harassment can face legal consequences.
• Retaliation against the reporter. When victims or whistleblowers lose leadership roles, face exclusion, or are threatened after reporting, that’s retaliation. And under both federal and New York law, it’s illegal.
• Cover-ups. Whether it’s destroying records, discouraging reports, or protecting repeat offenders, cover-ups happen more often than anyone wants to admit. And they can expose the institution to serious liability.

New York schools are expected to take action. If they don't, they may be just as responsible as the person who caused the harm in the first place.

Other States, Other Rules

If you’re in New Jersey, Maine, New Hampshire, or Vermont, the legal picture changes a bit.

• New Jersey: The state’s Law Against Discrimination applies to public and private educational institutions. Schools can be held strictly liable for employee harassment, even without prior notice of the misconduct.
• Maine: Laws emphasize staff training and reporting systems, especially in public schools. Certain claims must go through the Maine Human Rights Commission before reaching court.
• New Hampshire: Victims must file with the New Hampshire Human Rights Commission within 180 days. There’s also an emphasis on administrative procedure before litigation.
• Vermont: The Vermont Human Rights Commission often plays a gatekeeping role. Some claims must go through school grievance procedures first, and additional protections exist for student privacy during the process.

Because these differences affect deadlines, procedures, and liability, it's critical to work with a team that understands the playbook in each state.

What New York Law Says Schools Must Do

In New York, the requirements for schools are crystal clear. They’re not just encouraged to act. They’re required to.

All schools must have a code of conduct that prohibits sexual harassment and outlines disciplinary measures. School employees are mandated reporters, which means they must notify the appropriate personnel when they witness or learn about misconduct. There’s no room for excuses like “I wasn’t sure it was serious.”

Colleges and universities are required to provide consent education, create centralized reporting systems, and offer support services to victims. Students must be told how to report misconduct, what to expect during an investigation, and what protections are available during the process.

And perhaps most important: schools must take interim steps to protect the person making the report. That might mean class schedule changes, housing accommodations, or even campus no-contact orders. Ignoring these duties can lead to lawsuits and costly damages.

It’s Not Just Students Who Are Harmed

Too often, when we talk about sexual harassment in education, we focus only on students. But faculty, janitors, aides, cafeteria workers, coaches, and adjunct professors experience it too.

Many public school employees in New York are covered by union contracts that intersect with anti-harassment rules. That means grievance procedures, arbitration rights, and additional support during investigations. However, these can sometimes complicate the process and delay relief.

At universities, power structures are even more complicated. Graduate assistants may be both students and employees. Tenured professors may be shielded by layers of bureaucracy. And those without job security, like adjuncts or temporary staff, often fear retaliation more than the harassment itself.

Harassment in education is a workplace problem, too. And under New York’s Labor Law and Human Rights Law, schools that fail to protect their employees can face steep penalties.

How to Report Misconduct and What Happens Next

Reporting sexual harassment in a New York school or university can feel daunting. But having a clear plan helps.

• Start internally. Most schools have a Title IX Coordinator or DASA contact person. File a report in writing and keep a copy for your records. Make note of dates, witnesses, and any follow-up steps offered.
• Escalate if necessary. If your school fails to act, or if you’re retaliated against, you can file a complaint with the New York State Division of Human Rights or the U.S. Department of Education’s Office for Civil Rights. Deadlines matter, so don’t wait too long.
• You don’t have to go it alone. A lawyer can help you decide whether to handle the issue internally, go public, or take it to court. They’ll help you preserve evidence and protect your rights.

Many victims worry about being believed. But schools and courts are under growing pressure to take these cases seriously. Don’t let silence be your only option.

Harassment Doesn’t Belong in Any School

Whether you're a student who trusted your teacher, a professor harassed by a colleague, or a janitor ignored by HR—your experience matters. You deserve to be safe in your school, just like anyone else.

Our employment law attorneys at Horn Wright, LLP, are here to fight for that safety. Our attorneys know how to take on powerful institutions and make your voice heard. We’ve handled sexual harassment claims across New York, New Jersey, Maine, New Hampshire, and Vermont. And we know how to tailor your case to the system you’re up against.

Let’s make sure your school takes this as seriously as you do. Call (855) 465-4622 today to schedule your free, confidential consultation at one of the most trusted law firms in the country.