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Based on a case study of K-12 school employees’ sexual misconduct in the United States, 10% of students in kindergarten through twelfth grade will experience sexual misconduct by a school employee. This is the staggering reality of sexual abuse in schools and has been an ongoing problem for decades.
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There are various definitions for sexual abuse and assault in school; however, for the purpose of conducting studies, researchers generally describe school sexual abuse as any time a K-12 school employee sexually abuses a child, either through contact or non-contact, while caring for the child in a school setting.
Contact sexual abuse includes:
Non-contact sexual abuse includes:
Sexual abuse includes sexual activities with the child that would be considered a crime under the law. Sexual misconduct is a broader term and includes sexual abuse as well as acts that are not criminal but may violate ethical codes. For example, while sexual contact with a student over the age of 16 (which is the age of consent in many states) is not illegal, it is prohibited under school policy. Many studies also include “sexual harassment” in the broader category of school sexual abuse.
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Can be any school employee that commits a sexual act toward a child. These include:
School employees are usually popular among the student body and are often recognized for their talents. With this power dynamic existing in all school environments, sexual abuse of students in schools can occur in public schools, charter schools, religious schools, independent schools, private schools, boarding schools, secondary schools, colleges, and universities. Abuse suffered by students at the hands of school employees is traumatic for not only the students, but also the students’ families, friends, and classmates.
Yes. Both federal and state laws allow victims to sue both the abuser and the institution that allowed the abuse for damages. Specifically, Title IX of the Educational Amendments Act of 1972 is the most common body of laws asserted when reporting sexual abuse occurring within public schools. Victims can file Title IX lawsuits and they must show that the school was negligent, either by allowing the abuser to act as an employee at the school or failing to act when the sexual abuse or misconduct was brought to the school’s attention.
Further, most states have passed their own versions of the Child Victims Act, which typically require public notices of the affirmative duty to report abuse, the policies and procedures for reporting such misconduct, and penalties for failing to do so. Victims of sexual abuse in schools can file civil lawsuits against their abuser, no matter how old they are or how long ago the abuse happened. With the current social movement against sexual abuse, many former students who were previously quiet have come forward to expose their abusers and the schools that failed to protect them.
If your school failed to protect you, and you were a victim of child sex abuse at the hands of a school employee, staff member, volunteer or fellow student, then you may be entitled to compensation. The laws, like sovereign immunity and Title IX, can be tricky to navigate. However, experienced sexual abuse lawyers understand these complexities and can help you understand your rights on your healing journey. You may still be able to take legal action.
Sovereign immunity protects the government and government entities from being sued. We see this come up often times when a public school is involved in a sex abuse case. If we sue a public school, states have the sovereign immunity and say their schools can’t be sued—or, if they can be sued, that there’s a cap on the amount of damages.
Sovereign immunity comes from the old English doctrine that the king is sovereign and can’t be sued. In the United States today, states may have sovereign immunity, but if a Title IX claim is filed against the school, then there is no cap and no sovereign immunity.
The Education Department reported that sexual violence at K-12 schools increased between the 2015-2016 school year to the 2017-2018 school year by more than 50%. In 2015-2016, there were around 9,600 reports, while in 2017-2018, there were approximately 15,000 reports. In the Initiative to Combat Sexual Assault in K-12 Public Schools report, then-Secretary Betsy DeVos stated, “We hear all too often about innocent children being sexually assaulted by an adult at school. That should never happen. No parent should have to think twice about their child’s safety while on school grounds.”
In that same report, they announced that the Office for Civil Rights (OCR) received nearly fifteen times more K-12 sexual harassment complaints in 2019 than in 2009. These numbers show the increase in the number of reports; however, that does not indicate an increase in the amount of harassment. Experts believe that despite the rising number of reports, many incidents have historically gone and still are unreported, which means that the statistics might not truly show the amount of sexual abuse in school.
In 2000, the American Association of University Women (AAUW) conducted a survey of 2,064 students in 8th through 11th grade and found the following statistics:
These statistics show the stark reality of widespread abuse and harassment in the school system. School sex abuse can happen to an individual of any race, culture, or demographic and in any type of school setting. However, research has shown that low-income female students in high school are most likely to experience sexual misconduct at the hands of a school employee. Further, perpetrators often target victims who are bullied, have an unstable home life, have special needs, or appear needy, as they view them as vulnerable children who are easier to exploit.
Besides the abusers themselves, the school districts and schools may be potentially at fault for school sexual abuse. Often, schools fail to conduct thorough background checks on school employees or volunteers and fail to vet these employees properly. This allows predators to walk the halls with students who become their victims.
If the school failed to vet the perpetrator properly, then they may potentially be held liable. Furthermore, in many cases, the other school employees know about the abusers but fail to take action. Many schools have an environment of secrecy, allowing the perpetrator to abuse children without any consequences. Also, in some cases, students report the abuse, but poor record-keeping and inconsistent policies allow the report to be “swept under the rug.”
In a 2017 case in Sweetwater Union High School District of Chula Vista, California, a male teacher was investigated and ultimately offered a convenient deal to quietly leave the district and go to a different public school. The settlement agreement essentially allowed the perpetrator to simply relocate to a new school with his reputation unscathed, where he could potentially abuse more children.
In other instances of abuse, students may feel that no one would believe them or that the investigation process would be too complicated or embarrassing for them to actually achieve justice. This demonstrates the grave, systemic issues that exist in the school systems, which often promote secrecy and cover-ups.
Though most states consider teachers and other school employees mandated reporters, many educators fail to abide by their legal obligation to report signs of child abuse. There have been cases where educators are found guilty of failing to report suspected abuse. This raises the question, then, why don’t educators report to the authorities if they suspect that a fellow educator is sexually abusing a child?
The perpetrators often have reputations as abusers; however, their behavior is usually an open secret. The perpetrators are often skilled manipulators who groom the student, their parents, and other staff members to facilitate their sexual abuse. Even if employees know about the abuse, they are apprehensive about reporting it for various reasons. These reasons can include:
Furthermore, while many schools might have policies in their handbooks or on their websites, many school employees are unaware of what school employee sexual misconduct is, how to detect the warning signs, and how to report the abuse both to the school and to the police to open a criminal investigation.
Sex abuse can happen in any type of school. Whether the school is a private school, public school, religious school, or a college campus. Perpetrators are often found in a school environment with close access to children.
Universities and Colleges. Even though most students on college campuses are not minors, they can still be victims of sexual abuse by authority figures. The USC George Tyndall sex abuse scandal is a perfect example of this. Over the span of decades, Tyndall, acting as the school doctor, abused hundreds of women. He was arrested in 2019, and USC paid out over $1 billion to the victims.
There are many steps that school districts, school employees, educational institutions, and parents can take to help prevent sexual abuse in schools. These steps should not only be viewed as a moral obligation but as a professional standard of care. On an individual level, an adult should take steps to:
Many people have a misconception that sexual abuse happens randomly by strangers. However, the facts show that most children know their abusers. This means that abuse can occur in a child’s home, in school, in sports leagues, in religious groups, or anywhere else that a child is supposed to be protected and cared for by a trusted adult. Adults must understand that abuse could be happening right in front of them, and they should be aware of the warning signs.
As mentioned, adults must understand the warning signs of child sexual abuse. These signs can be physical, behavioral, or emotional. Some of the physical signs may include unexplained bleeding or bruising on a child’s body. Other symptoms include genital irritation, bleeding, or sexually transmitted infections. However, since most school employees would be unaware of those symptoms, school employees should be aware of the behavioral and emotional signs as well. For behavioral signs, one can look to see if the child has excessive knowledge of sexual topics; if the child talks excessively about sexual topics or engages in early sexual behavior; if the child keeps secrets or is not as talkative as usual; if the child is overly compliant or spends an unusual amount of time alone; or if the child is afraid to be left alone with specific individuals. Emotional signs include changes in eating habits, changes in the child’s mood or personality, increased aggression, excessive worries or fears, an increase in health problems, or self-harming behaviors. It is vital for all school employees to be aware of these warning signs to prevent and stop child sexual abuse.
School employees and other adults in the child’s life should understand what healthy or normal sexual development looks like for each age group. This knowledge will help give individuals the ability to recognize warning signs in children.
While many schools have policies in place surrounding sexual harassment between students and between students and teachers, they are only effective if the school environment actively supports and enforces them. Encourage students and staff members to have open discussions about these policies and ensure that students understand the importance of these types of policies. Students must understand their right to be respected by others and their obligation to respect others as well. If the school does not have these policies in place, then encourage your school to create and implement them.
As a teacher or other school employee, it is essential to encourage parents to discuss age-appropriate topics like sex and sexual abuse with their child. Parents should understand that they have a crucial role in educating children, especially if a school district does not have sexual education programs. Parents should talk to children openly about their bodies, what private parts are and why they are private, and the fact that no one has a right to touch them without their permission. It is also crucial that parents talk to their children about being assertive in their communication when they do not want to be touched. Parents should also encourage their children to speak honestly and openly with them. Children must feel comfortable talking about anything that happened to them and saying “no” in inappropriate situations. Therefore, children should also understand and recognize what is appropriate and what is not appropriate when it comes to their own bodies and interacting with others.
If you see a colleague or student exhibiting warning signs, it is crucial that you do not just ignore it—speak up and say something. Whether that is saying something directly to the colleague, pulling the student aside to ask them if they are okay, or reporting directly to the administration—if you see something, you should say something. Silence has allowed child sexual abuse to exist for decades, so we must all work together to stop it.
This goes hand-in-hand with trusting your intuition: You should never be afraid to report something that does not seem right to you. By reporting any potential abuse, you may be helping save a child’s life from the long-term effects that child sexual abuse often leads to.
Besides the steps that individuals can take, school districts as a whole must take steps to ensure their students’ safety including developing and promoting an educator sexual misconduct policy. This policy should be different from other policies surrounding sexual harassment or mandated reporting. Instead, this should focus on the exact actions that are inappropriate for educators, and it should provide information for educators to prevent, recognize, and report sexual misconduct. It should be required that each school employee possesses, reads, and understands this policy. Employees should be required to review the handbook every year.
Jeff Herman is a nationally recognized attorney and founder of Herman Law, known for his dedication to helping survivors of sexual abuse. With over 35 years of experience, Jeff has represented thousands of clients across the U.S. and secured landmark victories, including a $100 million verdict. He is trained in trauma-informed advocacy and works closely with survivors to guide them through the legal process with care and determination. Jeff is admitted to practice in Florida and New York and leads a team committed to justice and healing.
If you or your child were a victim of child sexual abuse, you likely have many questions about how a child sexual abuse lawyer or lawsuit can help you. We hope to provide answers to your questions and help you continue your healing and journey to recovery.
Some states have laws holding caretakers liable for child sexual abuse if they were aware of the abuse and failed to stop it. Courts commonly refer to this type of liability as an act of omission.
A child can sue via a parent or guardian for damages, including psychological harm and physical injury, caused by sexual abuse. Psychological damages can include emotional distress, lost wages, and mental health therapy. Physical damages typically include medical bills, surgeries, or rehabilitation stemming from treatment for physical harm done to the victim. A victim’s parent or caregiver can also recover damages for their emotional distress related to their child’s sexual abuse.
Clients can remain confidential, which is an important option for many individuals. If you want to come forward but don’t want your name publicly out there, we will use a pseudonym such as Jane Doe or John Doe to protect your identity.
Speaking up is never easy—but you’re not alone. If you’re ready to explore your legal options, our compassionate team at Herman Law is here to listen, support, and guide you forward. Reach out today in complete confidence.
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