Student/Learner Allegations of Teacher Sexual Misconduct: Teacher’s Right to Privacy and Due Process

Whether investigations of alleged teacher sexual misconduct are conducted by school officials, law enforcement or social services, the issues in the paper are (1) the extent to which members of the public are entitled to know the names of teachers against whom allegations of sexual misconduct have been made, (2) who should investigate sexual misconduct complaints, and (3) what privacy expectation teachers have during the investigation. The issue will be addressed from a comparative perspective between the United States and South Africa, with specific reference to the fact-finding process and School Governing Bodies’ governance role in South African public education and school officials’ role in the United States