No child should incur sexual or physical abuse from anyone, let alone the educators working at their school. Victims should consider seeking justice with the help of a knowledgeable school abuse lawyer. Discover what the legal process entails so you can prepare for filing a lawsuit against a school or its staff.
Three Statutes That Impact Every Classroom Abuse Lawsuit
When you hire an educator misconduct lawyer, they’ll guide you through the complex legal process that awaits. Abuse cases in educational settings become subject to various laws meant to protect students. Check out the legislation that provides the framework for these cases.
1. Title IX
Under Title IX, schools receiving federal funding must protect students against sex discrimination, harassment, and violence. This federal law mandates that institutions develop protocols for reporting and addressing complaints. When a school fails to take steps to protect students under this law, it’s worth seeking a student abuse attorney to hold the institution accountable.
2. The Clery Act
A K-12 abuse lawyer can inform victims of the Clery Act, though the legislation pertains to colleges and universities. It states that places of higher education must disclose information about reported crime on their campuses. The main goal of this law is to keep students safe and aware of potential threats in the area.
3. California Laws
Always ask your school abuse lawyer about existing state laws. In California, for example, the Department of Education sets guidelines for personnel identifying and reporting instances of abuse. An individual or institution in violation of these laws can face harsh consequences.
Schools Should Initiate Their Own Process for Protecting Students
Whether violence or neglect affects students in a boarding school, public education setting, or college campus, the institution has a responsibility to protect everyone on campus. Administrators should establish protocols for such instances, including:
- Responding to complaints made by victims or their families
- Conducting an internal investigation
- Developing interim protective measures for the victim
- Telling the authorities about suspected criminal conduct
During this time, it’s also expected that the school respects the victim’s privacy and offers them support. Administrators can offer counseling resources to help the victim and their family process the incident.
Seeking School Neglect Legal Help? Here’s What To Expect
Educational institutions won’t always become aware of abuse allegations if victims don’t file complaints or if perpetrators try to conceal evidence. If an educator puts you or your child in harm’s way, it’s wise to consult a school abuse lawyer.
A public or boarding school abuse attorney will review your options, including civil and criminal litigation. The process often involves the following steps:
- An initial consultation: This is your opportunity to discuss your concerns with a legal professional and determine the next steps.
- Gathering evidence: Your attorney will need solid evidence supporting your claim, such as medical records, photos, and written exchanges between you and the abuser.
- Filing a complaint: Many victims issue a formal complaint against the educational institution to launch an internal investigation.
- Report the abuse to law enforcement: It’s now time to involve the police. They’ll launch their own investigation to uncover criminal conduct.
- Open a civil lawsuit: Law enforcement officials will handle criminal investigations and penalties for perpetrators. You can also seek financial compensation by filing a civil lawsuit.
- Complete the litigation process: Trust your lawyer to guide you through the complex court process, including depositions and trials.
Discover Supportive Legal Representation in School Abuse Cases – Contact The Cifarelli Law Firm
Don’t go through this difficult process alone. Reach out to The Cifarelli Law Firm and let a skilled school abuse lawyer advocate for you. Call (949) 502-8600 for a free consultation.
