Teachers hold a position of trust, authority, and influence over their students. When that trust is broken through sexual misconduct or abuse, the damage to a child and their family is profound. Survivors and parents often ask: If the abuser is an individual teacher, how can the school also be held responsible?
The answer lies in the school’s legal duty to protect students under the law.
Below, our friends from Kellogg & Van Aken LLP discuss how schools can be held responsible when a teacher abuses a student.
Schools Have A Duty Of Care
Public and private schools are legally obligated to keep students safe while they are on campus and participating in school activities. This duty of care includes:
- Hiring qualified staff and conducting thorough background checks.
- Training teachers and administrators on recognizing and preventing abuse.
- Supervising students appropriately.
- Following mandatory reporting laws when concerns are raised.
When a school fails in any of these responsibilities, it can be held legally liable for enabling or ignoring abuse. This legal duty exists not just on paper—it requires meaningful action. Schools must create and enforce clear policies that discourage inappropriate relationships, and administrators must respond swiftly when warning signs appear. Failing to take even small concerns seriously can lead to tragic consequences.
Warning Signs Schools Must Not Ignore
Often, abuse cases are preceded by red flags such as:
- A teacher spending unusual amounts of time alone with a student.
- Excessive text messages, emails, or social media contact.
- Favoritism, gifts, or special privileges given to one student.
- Other students or staff raising concerns.
If a school ignores these warning signs, fails to investigate, or allows the inappropriate behavior to continue, it can be held accountable in a civil lawsuit. Schools have a responsibility to create a culture where students and staff feel safe speaking up. In many cases, fellow students or staff notice troubling behavior long before abuse is officially reported. When schools fail to act, they become part of the harm.
How Civil Lawsuits Hold Schools Accountable
In a civil sexual abuse case, depending on the state, survivors can pursue justice not only against the abusive teacher but also against the school or district that allowed the abuse to happen. Civil lawsuits can provide:
- Compensation for therapy, medical care, lost opportunities, and emotional harm.
- Accountability for institutions that put reputation ahead of student safety.
- Change by pushing schools to improve policies, training, and protections for students.
These lawsuits can also uncover patterns of neglect, helping to expose deeper problems within an institution. Often, one survivor’s courage can lead to others coming forward and further institutional scrutiny.
Why This Matters
Holding schools responsible is not just about justice for one survivor. It sends a powerful message: Schools and districts cannot look the other way when teachers cross the line. By taking action, survivors can help protect other children and prevent future harm. Real change often begins with one voice speaking out—and the impact can be far-reaching.
A school sexual abuse lawyer represents survivors in civil sexual abuse cases. They fight to hold both individuals and institutions accountable- because every student deserves to feel safe in the classroom.