THE OUTCOME OF ADMINISTRATIVE DISCIPLINARY PROCEEDINGS FOR SEXUAL HARASSMENT: THE TWO SIDES OF THE COIN

Abstract

This article was developed in the Academic Master's Program in Education at the University of Vale do Itajaí, in the Curriculum and Management Policies research line. Its aim was to assess the implications of the penalties resulting from administrative disciplinary proceedings for sexual harassment on the professional lives of teachers in Santa Catarina's state education network, between 2019 and 2023. To this end, a mixed approach was adopted, combining quantitative and qualitative methods. The quantitative analysis covered 98 administrative cases of sexual harassment brought against permanent and contract teachers in the Santa Catarina state school system between 2019 and 2023. The qualitative analysis explored the consequences on the professional lives of those involved, allowing for a more comprehensive understanding of the impact of the penalties on the teachers' professional trajectory. The results indicated that in cases of sexual harassment classified as a crime, teachers were dismissed or dismissed by the Department of Education. In cases where the harassment was not criminal, penalties such as warnings and suspensions were applied, while cases without evidence were closed. The "other side of the coin" refers to the less severe sanctions applied in disciplinary proceedings which, although they do not result in dismissal, affect both the professional and personal lives of teachers, generating psychological problems, social stigma, isolation and mistrust in the school environment. The research assessed the impact of these penalties on teachers' professional lives, including salary aspects, retirement and removal. The importance of NEPRE, the Public Prosecutor's Office and the Guardianship Council in instituting correctional procedures is highlighted, underscoring the need for a thorough understanding of sexual harassment by all educational actors. This understanding was essential to ensure that the proceedings, when initiated, are conducted in a robust and fair manner, minimizing the negative effects on teachers' careers and promoting a safer and more respectful school environment. The research makes valuable contributions to academia by improving understanding of the challenges faced by educational institutions in managing sexual harassment cases, providing insights for the development of more effective policies. As well as encouraging debate about the "two sides of the coin" in relation to civil servants who face disciplinary proceedings for sexual harassment, their personal and emotional implications, the research also raises important questions about the complexity of sexual harassment cases in schools and the need for robust reasoning, thus guaranteeing the protection of teachers' rights.