Although schools should be places where children are safe, this is not always the case. Sadly, perpetrators can find their way to trusted positions in schools. Teachers, staff members and coaches – those adults who have frequent contact with students – have been accused and found guilty of engaging in sexual contact or grooming with students. In those case, those adults can and usually are subject to criminal and civil penalties.
But what about the school itself? Can a school be held liable for sexual abuse by teachers, coaches, staff or even other students? The answer is: it depends.
At KJK, we’re regularly contacted by parents seeking to explore whether they can sue a school where their child was the victim of sexual abuse or harassment. While there are different legal theories that may apply depending on whether the school is a public school or a private school, if your child experienced sexual abuse or harassment at school, the school may be liable. In fact, schools can be liable for not only sexual abuse and harassment by trusted authority figures, but also for sexual abuse by other students.
When Can You Sue a School for Sexual Abuse?
Federal Law: Section 1983 and Deliberate Indifference
Schools can be liable under Section 1983 federal civil rights laws if they demonstrate deliberate indifference to sexual abuse or harassment. Deliberate indifference means that a school consciously turned a blind eye to sexual abuse or harassment. Simply speaking, deliberate indifference means that a school had actual knowledge about a problem and failed to act on that information or respond in a manner such that the school ignored the problem.
Examples include:
- Receiving a complaint of sexual abuse or harassment and failing to investigate the claims.
- Ignoring complaints or “looking the other way.”
- Failing to train teachers and staff on how to report and respond to reports of sexual abuse or harassment.
Schools may also face liability under Title IX of the Education Amendments of 1972, which prohibits sex discrimination in education. Under Title IX, schools are required to investigate reports of sexual harassment or assault. Failure to do so may create legal liability.
State Law and School Liability
In addition to claims under federal law, each state has its own laws that impose institutional liability. However, each state is different. Some states, like Ohio, have immunity from claims, which means that absent a federal civil rights claim, a parent cannot sue the school in state court for a violation of a state statute. Other states around the country have laws that do impose liability on the political subdivision for the wrongful acts of its employees. Because these laws vary, it is critical to work with an attorney who understands both Title IX lawsuits against schools and state-specific sexual abuse laws.
What Parents Should Do if Considering Legal Action
So, what should parents do if they are contemplating legal action against a school? Besides contacting counsel experienced in suing schools and organizing information about sexual abuse or harassment, there remains plenty of tasks to complete. The following is a non-exhaustive list of items that may help us evaluate the viability of a lawsuit and should be done as best practice to protect children subject to abuse:
- Report the abuse to all relevant authorities. File written complaints with school officials and law enforcement. Do not worry about “over reporting.”
- Get your child proper support. Seek therapy and counseling immediately.
- Prepare a timeline of events. Document details about when and how the school was put on notice. Save any emails, reports or forms.
- Identify witnesses. List anyone who may have seen or heard evidence of the misconduct.
- Request school records. This may include transcripts, attendance, disciplinary history and IEPs/504 Plans.
- Save evidence. Download and preserve relevant photos, videos or messages.
- Review social media. Posts and messages may provide additional evidence of harassment or abuse.
Contact Our School Sexual Abuse Attorneys
If your child has experienced sexual abuse or harassment at school, you may have legal options. Attorneys Susan Stone and Kristina Supler at KJK have extensive experience helping families navigate Title IX claims, lawsuits against schools, and child sexual abuse cases.
Contact Susan and Kristina today for a confidential consultation to discuss your child’s situation and learn more about your legal option