Sexual abuse is a despicable crime where the perpetrator needs to be held accountable to the fullest extent of the law.
That same level of accountability also has to apply to any school or university that failed in its responsibility to keep its students safe. Part of an institution’s obligation is strict adherence to Title IX.
Title IX is a landmark 1972 federal civil rights law that prohibits sex-based discrimination in any school or educational program that receives federal funding. How would that apply to an incident of sexual abuse? There are court precedents and Department of Education classifications that stipulate that sexual assault and harassment are forms of discrimination that would fall under Title IX protections.
If you’re dealing with this type of traumatic situation, you should seek out the guidance of an experienced Philadelphia sexual abuse attorney. That attorney would be in the best position to provide you with guidance about how to hold a school or college accountable.
Understanding Title IX and Its Role in School Sexual Abuse
The protections Title IX provides for students begin with the law’s definition of sexual harassment. These are the categorizations:
- Sexual Violence/Assault: This includes any physical sexual act that is perpetrated against a person’s will or in a situation where a person is incapable of giving consent.
- Hostile Environment: A hostile environment occurs when there is unwelcome sexual conduct that is so severe, pervasive, and objectively offensive that it effectively denies a student equal access to the school’s educational programs.
- Quid Pro Quo: This is a situation where an employee, such as a teacher or professor, offers an educational benefit in exchange for sexual favors. Under Title IX, a school must adhere to strict obligations that include the following:
- Supportive Measures: Schools must offer immediate support to any student who files an abuse complaint. That support can come in the form of class schedule reassignments, no-contact orders, and counseling referrals. This all happens regardless of whether a formal complaint is filed.
- Grievance Procedures: If a formal complaint is submitted, schools must initiate a prompt, thorough, and impartial investigation. Both the complainant and the accused have the right to an advisor, the right to present evidence, and an equal right to appeal the outcome.
- Accountability: Schools can be held liable if they show “deliberate indifference” to known acts of sexual abuse or harassment.
Your attorney can help you prepare a complaint that identifies how a school was not in compliance with Title IX. When that is clearly established, it is proof of negligence.
When Is a School Liable for Student Sexual Abuse?
In Pennsylvania, schools can be held liable for student sexual abuse if the school’s negligence directly contributed to the assault. The Political Subdivision Tort Claims Act (PSTCA) allows civil actions against public schools and universities if it can be established that the school’s own negligence was the proximate cause of the abuse.
Private schools do not benefit from government sovereign immunity. They can generally be sued under ordinary state negligence laws if the school failed to exercise reasonable care to protect a student.
Under Title IX, federally funded schools can be held liable if a school official with “actual knowledge” of the abuse showed “deliberate indifference”.
Statute of Limitations for Filing a Title IX Sexual Abuse Claim
In Pennsylvania, there is a two-year statute of limitations for filing a sexual abuse claim.
If you file a claim using Title IX protections, it could be resolved in a federal court. The federal courts defer to the state’s statute of limitations.
The exception is if the abuse occurred when the victim was a minor. In those instances, the victim has until they turn 55 to file a claim. Missing a filing deadline will permanently bar you from seeking compensation. That is why you need the support of an experienced legal team, as you’ll find at Laffey Bucci D’Andrea Reich & Ryan.
We understand that if you’re coming to our firm because of an incident of sexual abuse, it will be a challenging time for you and your family. We want to ease that stress as much as possible by answering all your questions about what should happen next.
Call to schedule a free consultation today. Having a clear way forward will go a long way towards providing peace of mind.