Sexual harassment in the schools may be accomplished in terms of section 9 of the Constitution. In education it discusses the opportunity girls and boys need to be treated equally in schools, unfastened from sexual harassment in any ways it could immediate itself. All learners have the right to equal schooling, the right to be unfairly discriminated against, the right of protection of dignity and integrity, the right to freedom, the right to privacy and the right to a safe environment. An alteration of the Employment of Educators Act guarantees that the disciplinary action has to be taken against educators who are found guilty of having sexual relationship with a learner who attends the same school where the educator teaches, even if there was mutual consent and requires the dismissal such educators from their employ. The same goes for an educator who sexually harasses a learner.
The South African Council for Educators (SACE) will guarantee that such a teacher’s name is crashed from the role and the person may not be employed elsewhere as an educator or any private sector or other businesses. The common law further protects learners from misconduct by using in loco parentis principle. in loco parentis means in the place of the parent. In terms of this principle, the child at school finds themselves under the authority of the teacher who has the power to discipline the child and duty to tend the safety of the child. Educators should be in loco parentis before the duty care should be considered. The duty care obliges the education to protect the learner from possible harm like a parent would have.
Educators are expected to guard their learners against all practices of abuse and when they are under legal responsibility, as in loco parentis to do so. Therefore, when an educator has a sexual relationship with a learner that means he/she is neglecting their duty in loco parentis status
