I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights.
It isn't clear if you are an employee at the school or a student, or if the person making the comments is a peer (co-worker or fellow student) or someone else. Guessing that you are a student and that the comments are being made by another student, I've shared your question with the education law forum, where your question may be seen by more attorneys who practice in this area of the law. Some states have specific laws regarding school bullying.
The comments might be sexual harassment if the are repeated. A one-time comment is probably not sexual harassment BUT may be against school rules. I suggest you report these comments to your school's sexual harassment office, if there is one. If not, report it to the campus ombudsman, counselor, or another adult.
One thing to consider is that if this other student is a bully, he or she may just change the type of harassment from commenting on your penis size to calling you a whiner or tattle tale, or some other thing. It's hard to deal with bullies, especially when you see them at school over and over again. Bullies pick on others who seem like easy targets: shy students, students who are "different," etc. If this is your situation, I encourage you to talk to the school counselor about this.
I hope you can resolve your situation and wish you the best.
*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***
This is not a criminal defense question. You may want to add some facts as to the relationship between the parties to see if it is even a civil question. My guess is it's not.
All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com
High school can be rough, and the bad news is that life after high school is not always better. You need to deal with problems, and you've taken the best first step which is to ask for advice. My advice is the classic response. There are ways to deal with insults other than violence. Find some one to talk about it with, get a book from the library, and then get creative.