Is a University Responsible for a Sexual Abuse Case?

When students are sexually abused at college, they may feel like their university failed them. And they’re right. If you’re sexually abused while at school, your university can be held liable. For survivors wanting justice, it’s important to understand how your university may be held responsible for a sexual abuse case.

Institutions like colleges can be legally liable for sexual assault if they fail to protect students. Under Title IX of the Educational Amendments of 1972, organizations that receive any form of federal funding are barred from allowing sex-based discrimination. This includes sexual abuse. Not only can a college be responsible for violating your Title IX rights, but it may also be held accountable for the actions of its employees. When that happens, it can absolutely be responsible for a sexual abuse case.

Call the Title IX attorneys at The Law Office of Andrew Shubin today at (814) 826-3586 for a free, private case review.

Why Is a University Responsible for a Sexual Abuse Case?

Because all U.S. universities receive some federal funding through scholarships, grants, and other sources, they are subject to Title IX regulations. Among the prohibited acts within Title IX is sex-based discrimination. Failing to prevent sexual abuse, providing an environment that allows it, and denying student survivors help following abuse are all violations of Title IX.

Sexual Abuse and Title IX

When universities don’t protect their students from sexual abuse – whether the abuser is a student or a staff member – it can be the university’s fault. That’s because, under Title IX, institutions like colleges are responsible for preventing sex-based discrimination of any kind. So, just the fact that abuse happened on the grounds of your university can make your school liable. If a school fails to provide adequate preventative measures and a student is sexually abused on campus, the school can be held responsible.

Lack of Safety Measures

Some universities may argue that they were unaware of the abuse and had no way of preventing it. However, that’s why safety measures are important. If your university doesn’t comply with the safety measures outlined in its student handbook or has no measures in place at all, then that’s like to be considered negligence.

Inadequate Responses to Reports of Sexual Abuse

An obvious violation of Title IX is when a survivor approaches their university only to be discriminated against further. Survivors may be unsure of reporting to their college out of fear of retaliation. However, if any administrator or staff member mocks you or tries to silence you following sexual abuse, they’ve further violated your Title IX rights. This not only makes your university responsible for sexual abuse but could give your attorney cause to bring more claims against the institution.

How Sexual Abuse May Occur at a University or College

Sexual abuse is unfortunately more common than many people might think, and it happens almost every year at colleges and universities across the country. Exactly how sexual abuse occurs varies from case to case, but some kinds of abuse tend to come up more frequently.

Abusive Professors or Teachers

Many students report being sexually abused by teachers or professors. This is a very tricky dynamic to navigate, and victims often do not realize they are being abused until later. Professors have significant power over their students regarding grades and academic opportunities, and they may use this power to leverage romantic or sexual favors. Many students report feeling pressured or coerced into sexual relationships with professors who threatened their academic careers.

Greek Life

Student organizations are a normal part of the college experience, and many students participate in Greek life. Fraternities and sororities often host events and throw parties where alcohol is served, legally or not. Unfortunately, many students use parties and social functions through Greek life as a way to sexually assault or abuse other students.

In many cases, victims report being drugged at parties or given so much alcohol that they cannot fight back against someone’s sexual advances. Often, other Greek life members may try to cover up the incident to prevent the entire organization from being penalized.

Ineffective Administration

Victims of sexual assault or abuse at universities and colleges often report what happened to them to the administration. Unfortunately, many school administrations are more focused on avoiding legal liability than they are on helping hurt students. Administrators might avoid contacting the police or accuse the victim of lying. Even if the administration does listen, it might fail to investigate the case adequately.

Liability for Sexual Abuse in Off-Campus Programs

Many cases of sexual assault or abuse at universities do not actually occur on university property. Many cases stem from incidents that happen off campus, but the school could still be held responsible under certain conditions.

Generally, a university is not responsible for what students do in their private lives outside the university. If you are sexually assaulted at a private party somewhere off campus, the school is not liable just because the attacker is another student. However, if the abuse is connected to an off-campus program sponsored or endorsed by the university, the situation may be different.

If you were sexually abused or assaulted while away for something related to school, talk to your attorney about it. For example, a student-athlete abused by a coach during an away game may still result in liability for the university.

How Colleges and Universities Should Prevent Sexual Abuse

To stop sexual abuse, universities should have preventative measures in place. Examples of these preventive measures include the following.

Hiring Security Guards and Public Safety Officers

Sexual abuse sometimes occurs in areas where attackers know there is a lack of security, especially at night. Students might be coming back late from a class or school function, or they might be out late partying with friends. Either way, someone might take advantage of a dark corner of campus to sexually assault an unsuspecting victim.

Security guards and campus safety officers are crucial to combating this kind of behavior and preventing sexual assault or abuse. If your university failed to have guards or safety officers in place when it knew the risks of leaving the campus unpatrolled, your attorney can help you sue.

Thorough Background Checks of Staff

Many students are sexually abused as a direct result of the university’s failure to properly screen employees before hiring them. The university should thoroughly question any potential employee with a conviction for sexual offenses on their record before they are formally hired. This not only applies to professors and faculty members but also to other staff members, such as maintenance workers or administrators who work directly with students.

Installing Police Call Boxes and Security Cameras on Campus

While campus safety officers are an important part of any campus, they cannot be everywhere all the time. Many campuses have police call boxes installed at various locations so that students in trouble can quickly call for help. Security cameras with obvious signs indicating that cameras are watching can also help prevent things like sexual assault. Failing to implement such measures when they are clearly needed may expose the school to liability.

Approachable University Administration

Universities can also help prevent sexual abuse by ensuring that students feel safe enough to approach administration following abuse and by educating students on how to recognize abuse. There are so many things universities can do to try and stop sexual abuse from happening.

If you tried to approach your university or college about an incident of sexual abuse or assault, but you were not listened to or nobody was available, talk to your lawyer about it.

How to Sue a University for Sexual Abuse

You might be met with hostility or disinterest after reporting abuse to your university. Your university may decide not to take action against an offender or thoroughly investigate the situation. In that case, you may decide to take matters into your own hands.

Hiring a Lawyer

The first step is to find an attorney. Hiring an experienced lawyer is so important. The Title IX attorneys at The Law Office of Andrew Shubin can help you understand your options when filing a lawsuit against your university. Our team can also help you file a civil suit against the individual offender.

Filing a Claim with the Office of Civil Rights

Next, you and your attorney may decide the best route to take is to file a claim with the Office of Civil Rights (OCR). This must be done within 180 days of the last act of discrimination. So, if you’ve approached your university and the administration has attempted to silence you, the deadline to file with the OCR would be 180 days from that date.

Document Everything

While it may be difficult, keeping a record of your interactions with university officials following your reporting of sexual abuse can help your future case. It can benefit your claim if you can show that your college denied you help or failed to punish or investigate the offender.

Prepare and File a Lawsuit

The next step would be to file a civil Title IX lawsuit against your university. Doing that can be intimidating. That’s why having an experienced attorney by your side can help you navigate a lawsuit.

You may still be enrolled in your university when you file your suit. In that case, you may be worried that your school will try to retaliate against you for taking legal action. If they do in any way, that would be an act of discrimination in violation of your Title IX rights. It would only hurt the university’s defense and could allow you to file additional claims.

FAQs About Suing a University or College for Sexual Abuse

Can I Sue a University or College if I am Sexually Abused on Campus?

Yes. Depending on how the assault or abuse occurred, the university may be held liable. This tends to be common in cases where sexual abuse is perpetrated by university staff members or the university fails to address reports of abuse or assault.

Can I for Sexual Abuse if it Happens Off Campus?

Yes. Even when sexual abuse occurs off campus, the university may still be liable if the abuse occurred during some school-sponsored or endorsed activity or program.

What Should I Do if I am Sexually Abused While Attending College or University?

If you experience sexual abuse or assault while attending college or a university, report the incident to the police immediately. Also, call a lawyer for help as soon as possible. Your attorney may help you report the abuse to the school and deal with legal proceedings.

What Laws Make Universities Liable for Sexual Abuse?

Universities may be held liable for injuries from sexual abuse if the university somehow failed to prevent the abuse in a way that violates the duty of care owed to students. More specifically, universities may be liable for sexual abuse that falls under federal laws regarding Title IX sex discrimination.

How Might a University Be Held Liable for Sexual Abuse?

Universities may be liable for sexual abuse perpetrated by school staff or faculty against students. A university might also be liable if the abuse occurred during a school-sponsored or sanctioned event, such as a function hosted by Greek life organizations.

Do I Need a Lawyer if I was Sexually Abused at a University or College?

You should hire a lawyer to help you if you were sexually assaulted or abused at school. Your attorney can make sure that you follow the proper legal channels when trying to get justice, and they can push back against the university if it tries to avoid being held liable.

Call Our Title IX Attorneys to Hold Your University Responsible in a Sexual Abuse Case

Call the Title IX victim attorneys at The Law Office of Andrew Shubin for a free case evaluation at (814) 826-3586.