was due to gender prejudices. They point out that the alleged victim’s mother “has exhausted the administrative proceedings, even though it was neither effective nor adequate to punish the perpetrator of the harassment and sexual abuse.”11 They allege further that there was a delay in the administrative case, which lasted over two years, in violation of the law which stipulates that a summary administrative proceeding shall last no more than 15 days from its start to the issuance of the decision.12 19. As for the civil case, the petitioners observe that on October 10, 2003, Paola’s mother filed a civil complaint against the assistant principal seeking non-pecuniary damages.13 They point out that “the civil proceeding has also suffered unwarranted delays”14 and it was not until June 7, 2005 that the judge ordered the assistant principal to pay 25,000 dollars in damages. The petitioners assert, however, that this decision cannot be executed because the respondent remains a fugitive from justice. They contend that the alleged victim’s mother, dissatisfied with the previous judge’s ruling, filed an appeal against the decision on May 15, 2006; on June 21, 2006, the appeal went to the Superior Court and is still pending to this day. 20. The petitioners contend that sexual harassment is common in Ecuador’s educational institutions15 and that the case of Paola del Rosario represents the kind of sexual violence that teachers in Ecuador’s public schools Original petition received at the IACHR on October 2, 2006, paragraph 77. The petitioners point out that Article 112 of the Education Law sets a 15-day time period during which the summary proceeding is to be instituted, the inquiry conducted, and teachers who commit crimes against their students punished. Original petition received at the IACHR on October 2, 2006, paragraphs 55 and 79. 13 In this sense, the petitioners observe that while it is true that the case in the civil courts is seeking pecuniary reparations for the non-pecuniary damages, this is not the proper remedy to fully redress the harm done. Original petition received at the IACHR on October 2, 2006. 14 Original petition received at the IACHR on October 2, 2006, paragraph 84. 15 The petitioners enclose a report prepared by CEPAM-Guayaquil, an NGO and copetitioner in the present case, which cites a report published by the National Women’s Council [Consejo Nacional de las Mujeres] (CONAMU) (Report on the “Program to eradicate sexual offenses within the educational system,” 2004). See CEPAMGuayaquil, “Basic information needed to identify cases that the DESC should refer to the Regional Tribunal of Women,” prepared by AB. Mercy López Martínez, February 2005, p. 9. Attachment to the original petition received at the IACHR on October 2, 2006. 11 12 8

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