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Old 11-20-2008, 09:32 PM   #78
Join Date: Feb 2008
Posts: 950
Re: Another harassment question

Ron Ragusa wrote: View Post
As far as criminal law is concerned sexual harassment is illegal in the workplace as Buck noted. It is also illegal in public schools (I'm not sure about private schools). While criminal law doesn't seem to to be applicable to the situation brought up by Tom28, civil tort law does have possible application in that the person(s) being harassed may be able to sue the school's owner(s) and/or the instructor under battery or assault tort definitions.

For a detailed discussion of how tort law may be applied to cases of sexual harassment not related to the workplace or school, see "Sex, Women and the Law" by Rosemarie Tong.

A lawsuit of this nature can, if successful, put a thriving dojo out of business thereby depriving all students the ability to learn and train.
Ron, I am no lawyer by far. And I am not familar with the law in the terms you discribed beyond the work place. So does a dojo really consitute as a public school- the kind that teaches kids funded by tax dollars that is a place of employment school? I would find it interesting to know if the sensei hired people to teach, and where would that put the dojo? Or does the dojo provide a service, and the members are looked at as consumers? What contract was signed if any. What was said by the sensei bad enough for the court to look at the case? What about in a bar or night club can people sue for battery because of up-front pick up lines? Boy oh boy, too many questions triggered in my head to keep going on.

Ron, I notice you used the words "possible applications, may be able to sue, may be applied to." I have a feeling tort battery cases for sexual battery as outlined by Tom28 isn't set in stone. Can you point me to any cases where tort battery charges apply to this situation? Mrs. Tong, I looked at her bio, I didn't see any place that said she was a lawyer, I was hoping to read any battery cases she tried. Can you point me to any?

Ron if your a lawyer, could you educate me on cases of sexual battery (tort) similar to what this sensei is being accused of? Or has closed down a dojo. Cause I don't know the law like I said, and I willing to learn. I don't want to let people think I know the law when I don't. I am not interested in being a fraud, or speak out of my south end. I am looking forward to being educated.

Buck, it seems that you are suggesting that:

A. The female students who are being subjected to this unwanted attention should, since (as you have noted repeatedly) times have changed, either suck up and live with it or leave, and

B. Other students such as Tom28 should stay out of it and let the sensei work out his "personality defect problem" for himself.

Far from encouraging the sensei to examine his "personality defect problem", this enabling behavior will most likely guarantee that the behavior will continue thereby putting the dojo at risk of what could turn out to be a crippling lawsuit.


The answers to your questions A and B are both, "nope."

As far a your last comment. Eckhart Tolle talks about it, let me quote him from his book The Power of Now, "The psychological condition of fear is divorced from any concrete and true immediate danger. It comes in many forms: unease, worry, anxiety, nervousness, tension, dread, phobia, and so on. This kind of psychological fear is always of something that might happen, not of something that is happening now."

"Unease, anxiety, tension, stress, worry — all forms of fear — are cause by too much future, and not enough presence. Guilt, regret, resentment, grievances, sadness, bitterness, and all forms of nonforgiveness are caused by too much past, and not enough presence"

Good stuff don't you agree?

Last edited by Buck : 11-20-2008 at 09:39 PM.