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Old 11-21-2008, 05:15 AM   #79
RonRagusa
Dojo: Berkshire Hills Aikido
Location: Massachusetts
Join Date: Jan 2003
Posts: 824
United_States
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Re: Another harassment question

Quote:
Buck wrote:
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.
I'm not a lawyer and won't attempt to answer your questions other than to say that in this litigation happy country why take the chance and put your operation at risk by engaging in behavior that is unasked for and unwanted by the receipient?

Quote:
Buck wrote:
Ron, I notice you used the words "possible applications, may be able to sue, may be applied to."
In my previous post I use the qualifiers because I am considering possible consequences of behaviour that could be construed as sexual harassment and therefore may fall under the jurisdiction of civil tort statutes.

Quote:
Buck wrote:
Ron,
The answers to your questions A and B are both, "nope."
You wrote:
Quote:
Buck wrote:
She is free to leave the class when it ends, and has the freedom not to ever come back.
and

Quote:
Buck wrote:
She can walk away. She has the power to walk if she feels the situation isn't a good one.
and

Quote:
buck wrote:
I think the other issue here is that you are disturbed by your sensei's behavior toward your friend. That is your right. And you want to change that. But the sensei isn't trying to pick you up with lines that some people find offensive. I agree you don't have to like the style of the sensei and it would turn allot of people away form the dojo including me if I witnessed it. But that is the sensei's personality defect problem that he has to figure out and work it out for himself. Isn't a benefit of Aikido character building?