Schools need to be safe for children to play, learn, socialize, and develop important skills. But that does not happen when a child is sexually abused at school. While it is often an adult who sexually abused a student at school, students also sexually abuse other students at school. When a student is sexually abused at school by either an adult or a student, the school might be responsible.
A school district may be liable when a staff member, student, teacher, or principal sexual assaults a student or coworker if it occurred on school property or at a school-sanctioned event such as a field trip or school dance.
Online sexual abuse
Sexual abuse is easier to understand in situations involving rape or forced oral copulation, but it is still sexual abuse when a child is harassed online.
A school district may be held liable when its employees sexual harass its students online, which includes the following situations:
- Leaving sexual comments on social media
- Sending or requesting nude photos or videos
- Sexploitation: using pictures/videos to extort the child
- Harassing the child about gender identity, sexual preference, or how his or her body appears
- Sharing personal information about the child (“doxing”)
What if sexual abuse was committed by another student?
Student-on-student sexual abuse occurs more often than people realize. In the United States between 2011 and 2015, more than 17,000 reports of sexual assaults of students in grades K-12th were made.
If a student sexually abused or assaulted another student while at school, the school district may also be liable if it knew of prior similar misconduct and acted carelessly when it discovered the prior misconduct. It’s the school’s responsibility to ensure its students are safe by installing security cameras, proper lighting, and other safety measures in its hallways, classrooms and outdoor areas.
Filing a lawsuit against a school
When your child is sexually abused at school by a teacher, administrator or another student, you can file a lawsuit not only against the perpetrator but also the school district. School districts typically have insurance and thus typically would have more funding available to pay for a settlement or judgment than an individual perpetrator. For that reason, suing the school district is often a more effective strategy to recover damages. It is also important to hold school districts accountable to ensure that they prevent future abuse.
Generally, a civil lawsuit can be filed against the school district, if the school district failed to provide a safe learning environment for its students by failing to properly vet instructors and staff with background checks, or failing to report the abuse or assault, or failing to enforce its own zero-tolerance policies.
Public, Charter, and Private Schools
Sexual abuse and assault are crimes regardless of whether it happens at a private, charter, or public school. Each school system will have its own set of rules for students and staff to follow. But public schools that take federal funding have strict standards for reporting sexual abuse and assault.
The effects of sexual abuse can have a lasting impact on children
Children who are sexually abused can suffer many negative impacts, such as reduced education achievement, reduced future job performance, reduced future earnings, and reduced health and well-being. It can also be a catalyst for unhealthy relationships. All children can be impacted in these ways regardless of the child’s age or who the perpetrator was.
If your child has been a victim of sexual abuse at school it’s important to seek help from a sexual harassment and assault law firm. The lawyers at Seber Bulger Law can ensure that your child gets the medical attention he or she needs, handle media requests and ensure the child’s privacy is upheld, handle all depositions and witness interviews and work with experts such as doctors and counsellors. Don’t wait to seek legal help if your child has been abused in school.
Types Of School Sexual Harassment Cases We Handle
Our compassionate Los Angeles, CA sexual harassment lawyer knows that sexual harassment in a school setting can affect your safety, education, and emotional well-being. Whether the conduct involves a student, teacher, coach, or staff member, schools have a legal responsibility to address inappropriate behavior and protect students from harm. When that duty is not met, serious consequences can follow. School sexual harassment cases focus on unwanted conduct that interferes with your ability to learn or participate in school activities without fear or pressure. We solely represent those who have been victims of sexual harassment and their families. Don’t hesitate to call us for help.
Student-On-Student Sexual Harassment
Harassment between students may involve repeated comments, gestures, touching, or digital behavior that creates a hostile school environment and disrupts your education.
Teacher Or Staff Sexual Harassment
Cases may arise when a teacher, administrator, coach, or staff member engages in inappropriate conduct, abuses authority, or crosses professional boundaries with a student.
Sexual Harassment By Coaches Or Athletic Staff
Harassment connected to school sports may involve inappropriate remarks, physical contact, or pressure tied to playing time, team placement, or scholarships.
Online Or Cyber Sexual Harassment
Our Los Angeles sexual harassment lawyer knows that harassment that occurs through texts, social media, emails, or school platforms can still form the basis of a claim when it affects your school experience or safety.
Hostile Educational Environment
When ongoing sexual conduct or comments make it difficult for you to attend class, focus on coursework, or participate in activities, the situation may qualify as a hostile environment.
Failure To Address Reported Harassment
Schools may be held accountable when administrators ignore complaints, delay action, or fail to take reasonable steps after harassment is reported.
Retaliation After Reporting Harassment
If you face discipline, exclusion, threats, or academic consequences after reporting sexual harassment, retaliation may form part of a legal claim.
Harassment Based On Gender Or Sexual Orientation
Sexual harassment cases may involve conduct tied to gender identity, gender expression, or sexual orientation that creates an unsafe or discriminatory school setting.
Sexual Harassment In Special Education Settings
Students in special education programs may face unique risks, and schools have a heightened responsibility to provide protection and appropriate supervision.
School District Liability
In some cases, claims may extend beyond individual conduct to address broader failures by a school district to train staff, enforce policies, or protect students.
Harassment During School-Sponsored Activities
Sexual harassment may occur during field trips, extracurricular events, or off-campus programs when the activity is connected to the school.
School sexual harassment cases are about protecting your right to learn in a safe and respectful environment. When misconduct is ignored or mishandled, the impact can follow you far beyond the classroom. Seber Bulger Law works with students and families to address school sexual harassment and hold responsible parties accountable. We have 6 years of experience working with these types of cases and are prepared to help you and your family. If you or your child has been affected, reach out to our trusted Los Angeles sexual harassment lawyer today to discuss your situation and take steps toward protecting educational rights and personal well-being.