Proporcionalidad en sanciones administrativas por acoso sexual en instituciones educativas : análisis de la sentencia 376-20-JP/21.

Abstract

This research work intends to delve into the complexities of school sexual harassment, administrative sanctions and the principle of proportionality. Through a multidisciplinary analysis that incorporates elements of law, sociology, and gender studies, the aim is to clarify a topic of indisputable relevance and contribute to the design of more effective and fair responses to this problem. It analyzes the sentence 376-20-JP/21 issued by the Constitutional Court of Ecuador, since it decides the restitution of a teacher sanctioned by administrative procedure for sexual harassment, which leads to an exploration and criticism of the current regulations and of the principle of proportionality between the infraction and the sanction imposed, both at the time of the facts and at the time of carrying out this work, in addition to studying the decision of the Court in comparison with the normative provisions that govern this type of conduct. It investigates the legal problem regarding the application of the principle of proportionality in administrative sanctions for sexual harassment in schools, in the question of whether the sanction of dismissal is proportional or not.