An Expensive Lesson on Sensitivity : * Harassment, Transfer Policies Were Little Help to Teacher Who Ended Up Suing

The $250,000 verdict awarded last week in a sexual harassment lawsuit brought against Saddleback Valley Unified School District was confusing, and it still may not end the many years of legal wrangling stemming from this case. But at least some things are becoming clear.

One is that there were insufficient reasons to have transferred teacher Sharon Daly Forslund from Mission Viejo High School to another school where she was deprived of the full schedule of chemistry classes that she wanted and was qualified to teach. The other is that protracted legal proceedings might have been avoided by a more sensitive handling of the district’s transfer and sexual harassment policies. It’s a good lesson for other Orange County school districts struggling with similar issues.

Forslund sued the district and two Mission Viejo High School administrators, charging that her transfer was in retaliation for allegations of sexual harassment against the administrators for incidents she claimed occurred between 1985 and 1986. A jury found that one defendant, Principal Robert A. Metz, had not harassed Forslund, but they were persuaded by evidence that Assistant Principal Wilbur Chong had.

The jury went on to make the substantial award for intentional infliction of emotional distress. However--and this is the confusing part--the jury did not link the damages to its finding that Forslund had been sexually harassed. The school district and other defendants are deciding now whether to appeal the verdict or file other post-trial motions that might affect the outcome. Meanwhile, legal bills are mounting and district morale is suffering.

Forslund’s lawsuit is just one step in a prolonged pitched battle over her involuntary transfer. On this same issue, an arbitrator hired by the district found in 1989 in Forslund’s favor, saying she was entitled to full reinstatement at Mission Viejo High School, including a full schedule of five chemistry classes. For various reasons--some having to do with Forslund and others with the district--the change was not made; Forslund teaches at Trabuco Hills High School.

Saddleback Valley Unified adopted a sexual harassment policy in 1987 and also has policies on teacher transfers. But, judging from Forslund’s case, these policies were not enough. It benefits no one if incidents are handled insensitively--no matter what specific policy is in place.

That’s a lesson Saddleback Valley Unified is learning the hard way. Other districts would do well to listen.