Proportionality and access to justice in the dismissal of teachers for sexual harassment

Abstract

Introduction: This research analyzes how the application of the principle of proportionality in the dismissal of teachers for alleged sexual harassment affects the guarantee of due process and access to justice in Ecuador. Materials and methods: A qualitative methodology with a non-experimental, cross-sectional design was employed, using theoretical methods such as analytical-synthetic and inductive-deductive reasoning, as well as empirical methods such as exegetical and hermeneutic analysis, complemented by semi-structured interviews with legal professionals specializing in administrative and constitutional law. The study focused on five cases accumulated in the Constitutional Court during the period 2023-2024, which allowed for the identification of a lack of uniformity in the application of the principle of proportionality within administrative proceedings. Results: The findings show that, in most cases, dismissal was imposed automatically and disproportionately, in violation of the precedent established in Judgment No. 376-20-JP/21, resulting in due process violations. Discussion: It is noteworthy that, despite the recurring disregard for this principle by educational authorities, access to justice has served as an effective corrective mechanism, allowing for the reinstatement of affected teachers through protective actions. Conclusions: It is necessary to strengthen the training of administrative authorities to guarantee the uniform application of the principle of proportionality, thus ensuring fair and reasoned sanctions that fully respect due process in the Ecuadorian education system.