Sexual assault is an atrocious crime that can leave a survivor with long-lasting and devastating consequences. When sexual assault occurs on school grounds or involves employees of the school, whether coaches, teachers, or other personnel, the question of school liability arises. This complex issue can have far-reaching implications, beginning with the school’s duty of care.
If you or a loved one was sexually assaulted or abused at school, you need the support of a Michigan school sexual abuse lawyer from White Law PLLC. Our team approaches each case with compassion and understanding, striving to empower our clients through our aggressive pursuit of justice. Successful case results include the global settlement of $800,000,000 for the survivors of the Larry Nassar sexual assault case, which occurred at Michigan State University.
Why Work with White Law PLLC When You Need a School Sexual Abuse Attorney
It is expected to feel outraged, confused, and fearful after an institution you trusted lets you or your child down. We offer strategic support for complex cases based on your personal experiences and needs. When you work with a Michigan school sexual abuse attorney from White Law PLLC, you can trust the following:
- Proven track record of courtroom experience representing survivors of sexual abuse
- Support from a staff with decades of combined legal experience
- Open communication, empathy, and respect for our client’s well-being
- Maximizing technology to streamline the legal process
- Strict confidentiality to safeguard your child’s sensitive information
- Compassionate support and understanding of the trauma of sexual abuse
- Aggressive pursuit of justice and dedicated advocacy
Every case is important, no matter how big or small. We are ready to provide compassionate advocacy in holding the liable parties accountable for their actions which allowed school sexual assault to happen. Contact us for a case consultation today to evaluate your case and determine the best steps forward.
Your Fight Is Our Fight
How Title IX Protects Students from Sexual Assault in Schools
The U.S. Department of Education’s Office for Civil Rights enforces Title IX and sex discrimination amendment of 1972. This statute protects students and people in education programs from sex-based discrimination, including sexual harassment, abuse, and assault. This applies to schools, local and state government agencies, and other institutions receiving federal financial assistance.
Title IX is a crucial tool for holding schools accountable for sexual assault due to this connection with federal funding. When it comes to sexual assault in schools, this statute holds schools to the highest standards. If a school is aware or responsibly should know about sexual harassment or assault and fails to take appropriate action, a survivor may hold them liable under Title IX.
Schools have a duty to respond to reports of sexual misconduct of any kind and should have procedures in place to respond promptly and equitably. To establish a school’s liability, a survivor must show that the school acted with “deliberate indifference” to the misconduct and was consciously negligent in failing to respond. Under Title IX, schools must take steps to prevent harassment and assault, including providing education and resources to train students and staff.
Establishing School Liability in a Sexual Assault Case
Schools have a moral and legal obligation to provide a learning environment where students are safe. This duty of care extends to protecting students from harm, which includes protecting against sexual harassment and assault. If a school fails to take reasonably expected steps to prevent or respond to such incidents, it may be liable.
Establishing school liability in a sexual assault case will depend on a variety of factors often unique to your specific situation. Speaking with a Michigan sexual abuse lawyer may help you determine whether or not your case has sufficient evidence. Common factors that impact a school or educational institution’s liability include:
- If a school knew or reasonably should have known about the perpetrator’s history of sexual misconduct
- If the school was aware of a potential risk or received reports and failed to take them seriously or take appropriate action
- Inadequate supervision of students
- Lack of security measures in place
- Failure to properly train and educate employees regarding sexual harassment
We understand that you may be going through a difficult situation and we are ready to help however we can.
Possible Damages in a School Sexual Assault Case
If a school showed negligence in caring for their students and allowing a sexual assault to take place on their grounds, you may be able to hold them liable for damages. While no amount of money can undo the wrongs that have been done, a financial settlement can help support a student survivor and their family as they go through this difficult time. Possible damages in a school sexual assault case could include:
- Medical expenses
- Property damage
- Pain and suffering
- Mental anguish
- Punitive damages
- Loss of enjoyment of life
The severity of the assault may influence the amount of damages awarded in school sexual assault cases, including the extent of the physical harm suffered and the psychological and emotional trauma that was incurred. Damages in sexual abuse cases against minors fall under the MCL §72.633, Child Protection Law. Contact a Lansing school sexual abuse lawyer to calculate your potential claim.
School Responsibility with Student-to-Student Sexual Harassment
As of July 2024, the Michigan Supreme Court ruling says K-12 schools are not liable for sexual harassment among students. This means that a school does not carry the responsibility to guarantee an environment for students in K-12 schools that is not sexually hostile. The ruling states that schools are only able to be held liable for employees and agents working for the school, not other students or school districts.
This Court of Appeals decision was made regarding a case where a student was continually sexually harassed by another student, and the parents claimed the school did not do enough to stop the behavior. If you have a similar situation, be sure to speak with one of our school sexual assault attorneys to learn if you have a case. We keep on top of critical changes in Michigan Legislation such as these and will help you find a way to pursue justice.
You will always work directly with your attorney throughout your case.
Contact White Law PLLC for Compassionate Advocacy and Aggressive Representation
We are ready to fight for your case and be your trusted advocate through the legal process. White Law PLLC will help you navigate the complexities of your school sexual abuse case and strive to maximize your potential settlement. Contact us 24/7 to schedule a case consultation and get started today.
We’re Experienced. We Care.
We Exceed Client Expectations.
