How Halls of Learning Can Also Be Venues of Child Abuse

When parents think about their children’s schools, sports clubs, and after-school programs, they think of places where children are free to grow, ask questions, and explore new interests. Unfortunately, the truth is often more complicated than that. For some families, these places are the same venues where their children experience horrific sexual abuse. Institutions that do not fulfill their duty to keep children safe must be held accountable.

Keep reading to learn more about how abuse happens and how facilities may fail in their efforts to protect children. If your child has suffered sexual abuse, call Taylor & Ring today to discuss your next steps with a school sexual abuse lawyer.

Abuse in schools and youth programs

Child sexual abuse remains alarmingly common in the United States. At least one in four girls and one in 20 boys experience sexual abuse before reaching the age of 18. The National Education Association reports that there were nearly 15,000 reports of sexual violence in K-12 schools in the 2017-2018 school year, a 55% increase from the year before. They believe that this number has likely only increased in the years since the COVID-19 pandemic and that sexual abuse numbers are underreported across the board.

These instances of sexual abuse don’t often involve masked strangers that jump out of nowhere and assault children. In the vast majority of reported cases, the assailant is someone that the students know well. While this does include family members and friends, it also includes teachers, program leaders, and others in positions of authority.

What duty do schools and youth programs have?

Schools and children’s programs owe a legal duty of care to children and participants. They must take reasonable steps to ensure the safety and well-being of minors entrusted to their care. This means that not only must they respond to issues that occur, they must take steps to prevent situations that are likely to lead to harm. In a school setting, this includes issues like broken playground equipment and schools with lead paint—but it also includes sexual abuse.

When a school or youth program does not live up to that duty of care, they could be held liable for harm suffered by students. How do schools fail to live up to this duty? They may staff programs or classrooms with unvetted personnel or personnel with clear red flags on their background checks, failing to supervise children when they are in the care of teachers and other adults, and ignoring reports of sexual abuse or inappropriate behavior.

Mandatory reporting

In the United States, teachers, coaches, school personnel, counselors, and many other adults who regularly interact with children are considered mandatory reporters. This means that if they have reasonable suspicion that a child is being abused or neglected, whether it’s at home, school, or elsewhere, they are legally required to report that suspicion to the police or child welfare authorities. It’s important to note what mandatory means here. Mandated reporters are legally required to report suspected abuse and may face penalties for failing to do so, while California law protects good-faith reporters from liability.

In situations involving youth programs and schools, that may mean that teachers or leaders are expected to report abuse perpetrated by their peers and coworkers.

When institutions fail

Institutions have failed children time and time again, but courts often give children and their families a chance to seek justice. Also, courts have indicated that mandated reporters do not have to know for sure that a child is being sexually abused. They only have to have reasonable cause to suspect abuse; that alone triggers the requirement to report.

Courts across various states have allowed individuals and family members to seek compensation from school districts and private youth organizations for negligent supervision, failure to report, failure to investigate, and retention of known offenders.

Unfortunately, there are still schools and other facilities that have escaped accountability, despite victims’ best efforts. California’s Government Claims Act provides specific immunities and procedural requirements that can limit or bar claims against public entities, even in cases involving serious harm.

The tide is starting to turn against institutions that have covered up harm to students. As societal beliefs regarding sexual abuse change, students feel increasingly comfortable coming forward and reporting their experiences. This makes it harder and harder to hide oversight failures.

It’s important to note, too, that there are significant differences between institution types. For example, public schools tend to have more uniform reporting requirements and behavior standards. Whether or not they are enforced is a separate issue. Private schools tend to have greater differences between institutions, particularly if they are tied to religious institutions, as religious institutions have their own sexual abuse problems.

Policies, procedures, and reforms—how to stop abuse in its tracks

Ongoing reform is still needed. Changes that are widely recommended include:

• Mandatory reporting standards that are the same for all institutions, regardless of public or private status
• Mandatory background checks and regular re-screenings
• Child-protection policies that eliminate the chance for abuse to occur
• Outside oversight mechanisms
• Transparent reporting and record-keeping
• Support for survivors from trauma-informed providers

Get the help you need from Taylor & Ring

At Taylor & Ring, our school sexual abuse lawyers understand how devastating it is to find out that your child has suffered abuse at a place you trusted to keep them safe. Let’s discuss your next steps. Call us today or contact us online to set up a consultation.