In what may be the first lawsuit of its kind, a New Jersey mother is suing the principal of her son's school, alleging quid pro quo sexual harassment in a series of events that may call to mind the 1994 movie "Forest Gump." According to the complaint, the high school principal touched her inappropriately and requested sexual favors in return for releasing her special-needs teen from a three-week suspension. When she refused, he retaliated by continuing the boy's suspension.

Clearly, no one in a position of power should be allowed to use that power to extort sexual favors, and indeed, the principal has been suspended without pay. The legal questions in the case are whether Title IX of the federal Civil Rights Act and the 1972 federal Education Amendments can be applied to the situation, and whether the mother can seek damages from the school district for ignoring the situation.

In most sexual harassment cases, the parties have a specific legal relationship with one another. In employment situations, employees, contractors and customers are protected from discrimination and harassment on the theory that discrimination interferes with their rights in the context of that legal relationship.

Outside a legal relationship, people have more freedom, even when that freedom is used badly. A woman walking down the street generally can't sue a construction worker who whistles at her.

In education situations, courts have found that teacher-on-student and student-on-student sexual harassment do violate anti-discrimination laws because they result in the victim being "excluded from participation in" or "denied the benefits of" education.

Does a parent have a legal relationship with a school principal that is protected by anti-discrimination laws? She is not being excluded or denied benefits. Or, because her son has special needs, could she claim that the principal's quid pro quo sexual harassment of her -- a third party -- denied her son educational opportunities?

Principal allegedly offered to give son a free pass if his mother let him suck her breasts

As early as her son's freshman year, the woman says, the principal made sexually inappropriate overtures. On one occasion, according to the lawsuit, the principal said, "'if you let me suck your breasts, then I will make sure [the son] is not accused of doing anything wrong and I will help him if he gets into trouble,' or words to that effect."

During several disciplinary meetings during the 2009-10 school year, the principal allegedly made sexually explicit comments and fondled her breasts despite her unambiguous objections.

With that background, the woman was apprehensive when the principal invited her to discuss her son's three-week suspension at a hotel. He reassured her that it would be "only to talk, no sex."

According to the Clifton, New Jersey, police, who interviewed the principal in regards to a simultaneous criminal complaint, the man claims that they agreed on the location "because she said she wanted a place where she could smoke cigarettes and speak freely."

When she arrived, he stripped to his underwear, lay on the bed, and asked her for sex. When she refused, she said, he retaliated against her son by keeping him out of school.

The woman claims to have audio recordings of the principal admitting at least some of the wrongdoing.

Source: OnPointNews.com, "Parent Alleges Principal Pressed Her for Sexual Favors," Matthew Heller, February 19, 2011