Can a College Student Sue the School if they are Sexually Assaulted?

Campus should be a safe place—but too often that is not the case. The National Sexual Violence Resource Center (NSVRC) reports that 1 in 5 woman and 1 in 16 men who attend college will become the victim of sexual assault while on campus. Of course, sexual assault in a serious crime. The victim may also have a civil legal claim against the school. Here, our West Palm Beach civil assault and battery lawyer explains the key things to know about suing a college or university for a sexual assault on campus.

A College or University May Be Liable for a Sexual Assault on Campus 

First and foremost, it is important to emphasize that a college student may be able to sue the school if they are sexually assaulted. A lawsuit may be based on Title IX of the Education Amendments of 1972—which requires schools to prevent and address sexual assault and other types of sexual misconduct. If the school was negligent or failed to act after being informed, it could be held liable. Some of the most notable examples include:

1. A school failing to investigate a reported assault and unreasonably delaying action;
2. A school knowing the assailant has a history of misconduct, but not taking steps to protect other students; and
3. Campus officials discouraging the victim from reporting the sexual assault.

Note: A potential civil claim against the school is one aspect of justice. The perpetrator of the sexual assault can and should face criminal charges.

Liability is Not Automatic: Building a Strong Civil Case

To be clear, a college or university is not automatically liable for a sexual assault on campus. To bring a successful civil claim, the victim student (usually, but not always a student) must prove that the school knew or should have known about the risk and failed to take appropriate action. Under Title IX, the school’s response must be clearly unreasonable to establish liability.

Victims should be prepared to bring a strong case. To start, the victim should document everything that happened to the best of their ability—from saving reports to the school to preserving emails. It is also important to gather evidence such as witness statements, medical records, and any messages from the perpetrator. Reporting the assault to campus authorities as soon as possible not only helps establish a timeline, it also ensures that the school is aware of the incident. Victims do not have to figure out the process alone: An experienced Florida civil sexual assault lawyer can help.

Speak to Our Florida Civil Sexual Assault Attorney Today

At Pike & Lustig, LLP, our West Palm Beach civil sexual assault lawyer is a compassionate, experienced advocate for victims. If you are a college student who was assaulted on campus, we are here to help you fight for justice. Contact us today for a free, no obligation, and completely confidential consultation. With law offices in West Palm Beach and Miami, we represent victims in civil sexual assault cases throughout Southeastern Florida.

Source:

nsvrc.org/sites/default/files/2016-06/publications_nsvrc_tip-sheet_going-to-college-what-families-need-know-sexual-assault-safety-campus.pdf