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Today the Department of Education closes public comment on proposed new rules for handling college campus sexual assault cases. Secretary Betsy DeVos says the rule changes she's asking for will make the process more fair to the accused. SHAPIRO: Can you tell whether a majority of.
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Families can face judicial politics in non-jury trials and, outside the courtroom, community pressure to drop their cases. Even when schools agree to settlements, they often insist on confidentiality, which shields them from public accountability. The fight is so tough that Nashville, Tennessee-based attorney Eddie Schmidt said he often tries to talk families out of suing. Only in rare cases do victims of student-on-student sexual assault win large verdicts. Most lawsuits never make it to trial. Many get thrown out on legal grounds, while others are settled pretrial.
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Even fewer are criminally prosecuted because the burden of proof is beyond a reasonable doubt, which is difficult to meet in cases involving children, said Jeffrey Herman, the Florida lawyer who represented the Miami boy. For many aggrieved families, the fight is particularly worth it if it prompts policy changes that can make schools safer for their children and others.
The Miami case resulted in one of the largest verdicts in student-on-student sexual abuse.
The school appealed and, in , reached a confidential settlement for an undisclosed amount. Not all states have such caps. In California, for example, there are no liability damage limits on cases brought against a public school. But other restrictions abound, depending on the state. Virginia and Georgia give school districts absolute immunity from lawsuits in state court. Adele Kimmel, a senior litigator who specializes in student abuse cases for the Washington, D.
Virginia State Bar
In Tennessee, for example, someone suing a government entity such as a school has no right to a jury trial, Schmidt said. Instead, any case filed in state court would have to be heard by an elected judge, who would decide whether a fellow government employee, such as a school superintendent or principal, was negligent. So when Schmidt agreed to represent two seventh-grade boys who said they were sexually assaulted in the locker room of their rural Tennessee school after repeated harassment, he filed the lawsuit in federal court and claimed their civil rights were violated under Title IX, the federal law that prohibits sex-based discrimination in federally funded programs.
The U. Supreme Court ruled in that public school districts, regardless of the state, could be held liable for monetary damages under Title IX if students sexually assaulted or harassed by classmates could clear certain legal hurdles. The director of schools in the Tennessee district declined to comment on the matter or say whether any changes had been made since the verdict. One advantage to filing in federal court is that it often removes a case from the community where victims may be under pressure to stay silent.
Attorney Terry Heiss spent more than four years representing a boy from rural Michigan who said his abuse began with name-calling and bullying in sixth grade and then escalated. District Court for the Eastern District of Michigan. And although court records show the student eventually pleaded guilty to a misdemeanor, the community blowback was fierce. Both sides then reached a confidential settlement for an undisclosed sum. A judge later overturned the verdict, citing a lack of evidence that the school acted with deliberate indifference to severe, sex-based harassment, but the settlement stands.
Geography also plays a role in whether families prevail. A jury pool in a rural area may be less likely to return a big verdict than a pool in New York City, for example. Comprehensive settlement planning and structured settlements can maximize the use of the funds available to the victim from both the settlement itself and available public benefits through expert planning techniques.
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National Conference Presentations. Welcome to the National Center for Victims of Crime We are the nation's leading resource and advocacy organization for crime victims and those who serve them. A judge later overturned the verdict , citing a lack of evidence that the school acted with deliberate indifference to severe, sex-based harassment, but the settlement stands. The AP is not naming the boy because it does not identify victims of sexual assault.
Geography also plays a role in whether families prevail.
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A jury pool in a rural area may be less likely to return a big verdict than a pool in New York City, for example. In areas where there are racial biases, or biases against same-sex relationships, it can be more difficult to find a jury willing to rule against a school. More than money, forcing change is often the main motivator in such cases. Some settlement agreements can require anti-bullying training for school staff, teachers and students, in addition to money — or sometimes instead of it.
Title IX complicates employee dispute case
Vacca has followed such cases in his work at Virginia Commonwealth University advising Virginia schools and lawmakers about sound educational policies. Schools must investigate if an assault is reported, he said, and can help avert such situations by training students on peer intervention and mediation. In the Florida case involving the second-grader, the mother said she hired a lawyer only after reaching an impasse with Downtown Miami Charter School. The mother said she reported it to the school, which promised to monitor the older boy.
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Later, he cornered the second-grader twice in a school bathroom and again forced him to perform oral sex, the lawsuit said. In its response to the lawsuit, the school said it took prompt, reasonable measures to prevent the boys from interacting and was not notified of any inappropriate interactions on school property. It also argued that administrators could not have foreseen what happened, and therefore the school was not liable, and cited the doctrine of sovereign immunity.
She had to turn over medical records and open herself and her son up to invasive questioning. It hurt me.
If you have a tip, comment or story to share about student-on-student sexual assault at K schools, please email: schoolhousesexassault ap. Students sexually abused at school face lengthy legal fights. In , the mother of a second-grade student at the school filed suit after she said she pleaded in vain for months for administrators to protect her son from sexual abuse by an older boy at the charter school.