Schools typically claim that they take it seriously when a student notifies the school that they've been the victim of sexual misconduct, discrimination, or abuse of some type. Whether the accused is another student, a faculty member, or a school employee, most schools recognize their obligation to investigate and take action where these types of are substantiated.

But sometimes, schools fail to follow the laws, rules, or internal procedures that dictate what they should do when a student files a claim of sexual abuse, discrimination, or other type of misconduct with the school. When that happens, the experienced education attorneys from the Lento Law Firm Student Defense Team can help. Call us at 888.535.3686 or schedule a confidential consultation to discuss your case and learn about the ways we can help.

Remedies When Schools Fail to Take Action

The types of potential remedies available to you as a victim of sexual abuse or discrimination on campus can vary. As with most legal matters, what you may be able to do will vary depending on the facts of your particular case. Here are some typical options that could apply if your school has failed to take appropriate action.

Lawsuits for Failing to Enforce Title IX

Title IX is a federal law and set of rules that apply to any school that accepts federal funds. It generally requires schools to implement procedures to investigate and address abuse and discrimination based on sex and sexual orientation, as well as other factors. When a school neglects its obligation to take allegations of Title IX misconduct seriously – for example, by failing to investigate a complaint by a student that they were sexually abused by another student or by a teacher – it may be possible to hold the school accountable in a civil suit, particularly if you can show that the school was deliberately indifferent to the abuse. If successful, these suits can result in damages awards as well as changes in the way the school responds to future Title IX complaints.

It may also be possible to file a civil rights lawsuit against the school where the school fails to enforce Title IX or where the school actively discriminates against a student in violation of other laws.

Lawsuits for Failing to Follow the School's Own Disciplinary Guidelines

Not all claims for abuse or discrimination fall under Title IX. For example, a bullying situation will often fall outside of the areas that Title IX regulates, but most schools will specifically prohibit bullying. Hazing is another activity that is routinely prohibited in school codes of conduct. However, just because something is prohibited on paper doesn't mean that the school will always take action when misconduct is reported.

When schools fail to follow their own disciplinary rules and procedures, it is often possible to sue them for that failure, particularly in situations (such as bullying or hazing) where a student is harmed as a result.

Lawsuits Against Students or School Officials

When a student is harmed by another student or a teacher, whether the harm involves sexual, physical, or emotional abuse, it may be possible to sue the perpetrator for the damages that person has caused the victim to endure. These types of lawsuits are for the “tortious conduct” that the perpetrator committed against the victim. In some cases, where a faculty or staff member was responsible for the abuse, the school can also be sued for failing to supervise its employees properly.

The Lento Law Firm Student Defense Team Can Help You Evaluate Your Options

If you have been the victim of sexual, physical, or emotional abuse at your school, and your school has either failed to appropriately investigate and discipline those responsible for the abuse or where the school itself is responsible for the abuse, contact the Lento Law Firm Student Defense Team for help. Our experienced education law attorneys understand the laws, rules, regulations, and standards that schools are expected to follow and will review your situation with you and explain what your options are. We've helped students across the country recover when their schools have failed to take the appropriate steps to investigate and put a stop to abuse, and we are here to listen and to help.

Call the Lento Law Firm Student Defense Team today at 888.535.3686 or use our contact form to schedule a confidential consultation to discuss your case with one of our experienced education law attorneys.