Are Schools Required to Report Sexual Abuse?
In accordance with Title IX of the Education Amendments of 1972, sexual discrimination and sexual violence are prohibited in educational programs and activities. A teacher, administrator, or counselor who suspects sexual abuse must report the abuse to the authorities. These individuals are known as mandated reporters, legally requiring them to report instances of abuse. Failure to report sexual abuse can result in both civil and criminal liabilities.
In this blog, our Conway personal injury lawyer clarifies what measures school officials must take upon receiving reports of sexual abuse and what you should do if you find yourself the victim of such behavior.
What is Sexual Abuse?
Sexual abuse (in South Carolina, called “sexual assault”) is any type of forced sexual contact that is performed without the other person’s consent. This would include touching another person’s private parts. The contact is illegal if the person has not consented, does not have the ability to consent, or is coerced.
School Requirements for Addressing Sexual Abuse
Under Title IX, all public and private schools, school districts, colleges, and universities receiving federal funding must adhere to the following:
Respond Promptly and Effectively
The school must designate a Title IX coordinator to oversee an investigation into the matter. The school has a duty to respond promptly and fairly, regardless of your sexual orientation or gender identity.
Provide Temporary Measures to Protect You
During the investigation, school administrators should change your class schedule, locker, and living situation and provide travel accommodations to protect you against contact with your abuser. You should report any retaliation from school staff or other students.
Offer Support Services and Maintain Your Confidentiality
The school has a duty to make you aware of available resources, including mental health counseling, victim advocacy, housing assistance, and legal assistance. Additionally, your confidentiality in the matter is of the utmost importance. The school should only disclose information to individuals directly involved in the investigation.
Conduct a Thorough, Reliable, and Objective Investigation
You have the right to be informed of the timeline of the investigation. If your abuser is allowed to have an attorney, you also have the right to hire counsel. You retain the right to present witnesses and evidence. Your school must decide your case based on what they believe is more likely than not to have happened, known as the preponderance of the evidence standard. If your school has an appeals process, it should be available to both parties.
Provide Remedies
Your school should pursue steps to resolve the hostile environment and provide academic support and counseling to get you back on track. If the alleged perpetrator is found guilty, disciplinary action should be taken against that individual.
What Should I Do as the Victim of Sexual Abuse?
If you have been abused at school or on your college campus, you should report the incident to someone you feel safe confiding in, either a teacher, counselor, or administration member. This should be done as quickly after the abuse as possible. Once you report the incident, you should write down the details of the event while they are still fresh in your memory. Your next call should be to a personal injury lawyer who can help you advocate for your rights. An attorney can help you gather evidence to support your claim and advise you in court to collect compensation for your medical bills and emotional trauma.
Sexual Abuse at School? Consult Our Conway Personal Injury Lawyer Today
If you have been subject to sexual abuse at your high school, university, or college campus, you may be afraid to attend class. This is a disgrace, especially when the alleged offender may be hurting other people. At The Law Office of Brad C. Richardson, our Conway personal injury attorney is committed to helping victims of sexual abuse find their voice. If you are ready to put the incident behind you once and for all, contact our office online or by phone to arrange your free consultation.
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