Think your school is safe from sexual abuse?
Think again. Over the past four years, schools have seen reports of sexual violence rose by 55 percent. 55 percent.
And here's the scariest part…
In most cases, sexual abuse in school could have been prevented with the right safety measures. The best way to hold schools accountable when they fail their students is to take legal action.
Your Legal Options
Why Schools Enable Abuse
Building a Case Against a School
How to Get Compensation
Sexual abuse in school is more common than you might think.
In some cases, schools can be held legally responsible for harm that occurs to a student when they don't provide proper safety measures to prevent abuse. Regardless of who the abuser is – a teacher, coach, principal, or another student – schools have a duty to take reasonable steps to keep children safe.
When schools fail to protect children, victims and their families can sue a school for damages. This includes:
Medical expenses
Therapy costs
Emotional trauma that can last a lifetime
The difference with schools is:
Schools often have insurance and money to pay settlements. Unlike individual abusers who may be unemployed or underinsured, schools can pay real compensation to help survivors recover.
The burden of proof for civil cases is much lower than criminal cases. The survivor only has to prove it is "more likely than not" that the abuse occurred. This makes it easier to hold schools liable when criminal charges may not lead to a conviction.
If you want to know what the biggest problem is with school sexual abuse cases, it's not the abuse itself.
It's the cover-up.
Schools repeatedly sweep abuse under the rug, dismiss warning signs, ignore complaints, and even move problem employees to different schools. They "pass the trash" and the next school is none the wiser.
Here are some ways schools fail to protect students from sexual abuse:
Negligent Hiring – Hiring employees without properly screening for misconduct history
Negligent Supervision – Ignoring complaints of inappropriate behavior
Failure to Report – Not reporting abuse to authorities when suspected
Inadequate Training – Failing to train staff to recognize signs of abuse
Schools have received complaints about sexual violence that more than tripled in the last decade. That's thousands of kids that suffered because adults ignored the warning signs.
But there's more…
Teachers who are moved between districts for being accused of abuse may abuse as many as 73 students. 73 children who could have been spared if someone had done their job.
How do you build a strong case against a school?
First, be aware of the time limits. Every state has different deadlines for filing lawsuits, and some are as short as two years. Many states are extending their time limits because they are recognizing how long it can take for survivors to come forward.
Evidence is key in these cases.
You will need to provide:
Medical records
Witness statements
School records of prior complaints or misconduct
Documentation of communications between parents and officials
Expert witness testimony
Experienced lawyers know how to investigate and gather evidence that the school will try to hide. This includes subpoenaing personnel files, interviewing former employees, and uncovering patterns of negligence.
Schools can be held liable under several different legal theories of negligence.
Negligent hiring or retention occurs when a school does not properly vet employees or keep them on staff after receiving complaints.
If a teacher has a history of allegations, but the district never verified, then that is negligence.
Negligent supervision is failing to take action when schools receive complaints about improper behavior.
Failure to protect a student can apply when a school is aware of risks and doesn't implement safety measures to prevent harm. This could include failing to supervise certain areas, not monitoring behavior, or other means of negligence.
Here is something you may not know…
Schools are paying out millions in sexual abuse settlements. Recent cases show just how much:
$345 Million – Awarded to 20 survivors of a Georgia boarding school
$85.6 Million – Awarded to 45 New York students
$24 Million – Awarded to three survivors in Los Angeles
$16 Million – Awarded to one Seattle student
These eye-popping settlements are a strong message that there will be real consequences for failing to protect children. They are also an excellent use of public school resources to go directly to survivors for therapy and healing.
Sexual abuse settlements usually cover the following categories of damages:
Economic Damages are out-of-pocket expenses for medical bills, therapy costs, and lost income if you can no longer work or complete your education as planned because of the abuse
Non-economic damages are compensation for pain and suffering, emotional distress, and diminished quality of life. This is typically the largest category of damages because the psychological impact can last for decades
Punitive damages are an additional amount awarded to punish the school for its conduct and deter similar conduct in the future. These are typically only awarded in egregious cases where the school was particularly reckless
If you suspect your child has been sexually abused in school, you should take the following steps immediately.
Ensure that your child is safe and that they have received medical attention if necessary. Document any and all injuries, conversations with school officials, and statements made by your child.
Report the abuse to the police and your local child protective services agency. Do not let the school convince you to handle this "internally." Their first priority is to protect themselves, not your child.
Contact an attorney who specializes in sexual abuse cases as soon as possible. Many attorneys work on contingency so you pay them nothing unless they recover money for you.
Preserve all evidence including text messages, emails, school records, and medical documents.
Do you know why schools often settle abuse cases out of court?
Trial is risky and expensive for schools.
Settlements allow schools to avoid public scrutiny, have the school pay to defend the case, and have all the details become part of the public record. Settlements cap financial damages since juries can award much larger verdicts.
Settlements allow survivors to receive compensation without the stress of a trial. They are also faster, giving victims a chance to move on.
Title IX is not just for ensuring women have equal access to sports.
It is a federal law that also protects students from sexual harassment and assault in schools receiving federal funds. Schools are required to investigate complaints, protect students from retaliation, and provide accommodations to survivors.
Violating Title IX can result in schools losing federal funding. This gives families more leverage to hold schools accountable.
Successful lawsuits often allege both Title IX violations as well as state law negligence claims. This allows for multiple ways to recover damages.
Sexual abuse in schools is a national crisis.
Incidents have been rising rapidly over the past decade. Schools have to do a better job of keeping students safe. When they fail, survivors have legal rights to hold them accountable.
Suing a school can provide valuable compensation for survivors, punish negligent institutions, and incentivize future safety measures.
Don't wait if your child has been hurt. Reach out to an attorney today to learn about your options.
Remember, it is not just about money. Suing a school is about accountability, protecting other children, and justice.
The law is on your side.
Supriyo Khan
Supriyo Khan
Supriyo Khan
Supriyo Khan
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