Schools May Be Liable for Teacher Sexual Assault

Parents trust schools and their employees to educate, care for, and protect their children. But what happens when that trust is broken? In a recent study, nearly 12% of K-12 students surveyed reported having been victims of educator sexual misconduct. From inappropriate comments to unwanted physical contact and everything in between, teacher sexual misconduct can take many forms and have a serious negative impact on students and their families.

Beyond being inappropriate, teacher sexual assault and misconduct are against the law and may open academic institutions up to a slew of legal challenges. Here’s a brief overview of when schools may be considered liable for teacher sexual assault and why it’s so important to hold institutions accountable when they fail to protect their students.

When can a school be held liable?

Sexual abuse often does not occur in a vacuum. In fact, a startling number of sexual abuse cases involve institutional negligence on top of individual misconduct or boundary violations. If a school or other organization fails to take the necessary steps to ensure the safety and well-being of its pupils, victims of sexual abuse may be within their rights to file civil claims for liability against an institution they believe to have been negligent.

In many cases, negligence is the most important factor when it comes to finding an institution liable for the abusive actions of one (or more) of its employees. As part of a civil claim, the injured party will need to prove negligence by demonstrating that:

1. The school owed the victim(s) a legal duty of care.
2. The school breached that duty of care through their actions or inactions.
3. The victim(s) suffered identifiable harm.
4. The victim’s suffering was the direct result of the school’s breach of care.

While not all cases of teacher sexual assault will meet the criteria outlined above, there are plenty of cases on the record involving schools covering up or failing to proactively prevent abuse. If a survivor can show that their school knew or should have known about a teacher’s misconduct and failed to respond accordingly, they may have grounds for a civil suit.

What does negligence look like in these cases?

The specific nature of negligence can vary substantially from case to case. However, most institutional negligence claims involving teacher sexual abuse center around a school’s failure to prevent, investigate, or report sexual abuse in a manner consistent with laws and other regulations. Some cases even go so far as to allege that officials from a particular institution were likely aware of abuse and chose to ignore it or actively took steps to keep it from coming to light.

For example, if a student is assaulted by their teacher and notifies the school’s administration, the school has a legal duty to immediately report the assault. If a school official chooses not to report the assault or tries to convince the victim not to take further legal action, the school could be held liable for failing to take action. The school official in this scenario may also find themselves facing criminal charges for attempting to obstruct an investigation or cover up a crime, and the consequences for this behavior can be severe.

Even if a school attempts to follow the proper channels for preventing or reporting abuse, it can still be held liable for other kinds of negligence. Let’s say the school failed to perform sufficient background checks before hiring a teacher or didn’t implement proper staffing and supervision protocols—in that case, the school could face negligence claims for failing to exercise due diligence.

Crucially, an assault does not have to occur during school hours or on school property for a school to be deemed liable. If the abuse was enabled by lax policies or insufficient oversight, the school can bear some level of responsibility for its institutional failures.

Damages available in institutional abuse cases

Surviving a sexual assault or other forms of abuse can completely alter the trajectory of a student’s life. Minors are particularly impressionable, and their brains are still developing, so suffering an assault at this age can be incredibly devastating for victims and their families.

Criminal charges in teacher sexual assault cases typically serve two purposes: To hold the offender accountable for their actions and to hopefully prevent them from harming anyone else in the future. Criminal sexual assault cases are handled by the state and are headed up by experienced prosecutors. Many of these cases result in jail time, monetary fines, and other punitive measures (like requiring the abuser to register as a sex offender). While survivors of abuse often appreciate the punitive nature of criminal charges and convictions, many go on to struggle physically, emotionally, and financially as a result of their abuse.

To address some of the unresolved consequences of their sexual abuse, many survivors choose to file civil claims against their abuser and any institutions that may have contributed to their suffering. Civil claims seek specifically to hold at-fault parties financially responsible for the harm they caused and can provide victims with the compensation they need to begin the lengthy rebuilding and healing process.

If a school is found liable for institutional abuse, the court may order them to pay economic and/or non-economic damages to the victim for things like:

• Medical bills
• Rehabilitation expenses
• Therapy costs
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Emotional distress

Final thoughts

Sexual abuse is far too common in schools and youth organizations, but—in a roundabout way—prevention often begins with accountability. By taking steps to hold institutions accountable for enabling or covering up misconduct, survivors can send a clear message that sexual abuse won’t be tolerated by the families of California.

If your child has been harmed by a teacher, you deserve to know what the school knew, when they knew it, and whether they contributed in any way to your child’s suffering. At Taylor & Ring, we know all too well how common it is for institutions to sweep allegations of abuse under the rug in order to preserve their reputations and shirk accountability. That’s why we work as hard as we do to advocate for survivors and fight back against enablers.

Give us a call today or fill out our online contact form to schedule a confidential consultation with a member of our team, and let’s take the next step together towards righting this wrong.