There are options for holding a school accountable if they fail to protect your child.
It is every parent’s nightmare: learning that your child has been sexually abused. In many cases, the perpetrator of child sexual abuse is someone that your child knows and trusts, such as a family member, friend, coach — or even a teacher.
While we want to trust that our children are safe at school, the reality is that predators often hide in plain sight, including at the very place that we believe our children are safest — school. School officials may fail to recognize red flags in these situations, such as a teacher giving extra attention to a particular student, or may simply be negligent in supervising its teaching and support staff. In still other cases, school officials simply do not act to protect their students from abuse or harassment, whether it be from teachers, staff or even other students.
There are very specific protections in place for students, including under federal law. Title IX of the Educational Amendments Act of 1972 was originally intended to provide equality for women and girls at educational institutions. Over time, it has evolved into a tool that can be used by victims of sexual abuse — including children at public schools that receive federal funds. Under Title IX, students can file a lawsuit against public schools who show indifference to sexual abuse and harassment by fellow students, teachers and other school employees.
To succeed in a Title IX lawsuit, several requirements must be met. First, only schools that receive federal funds are subject to the law; this primarily means public schools, but a skilled children’s rights attorney can evaluate your specific situation and help you determine if your child’s school may be sued under this law. Second, an “appropriate school office” must have actual notice of the alleged abuse or harassment. This could be a principal, or potentially a guidance counselor or even a teacher. Any employee with the power to address the issue and to institute corrective measures could be considered an appropriate school official. Third, the school official must have responded to the allegations with deliberate indifference. As a general rule, deliberate indifference means that the school official failed to investigate or to prevent further abuse or harassment.
Title IX is not the only remedy available for parents of children who have been abused at school, but it is an important one. If your child has been a victim of sexual abuse at school, it is important that you get him or her help as soon as possible, and take all of the appropriate steps, such as notifying the authorities. However, when you are ready, contacting a skilled children’s rights attorney can help you recover compensation for your child — and protect other children from abuse as well.
At PLBH, we have more than forty years of experience helping children and their families. We will work hard to protect your family’s rights, and in many cases, we may be able to take your case on a contingency fee basis. Contact our office today at (800) 435-7542 or info@plblaw.com to schedule a free initial consultation.