Student Sexual Harassment: Can You Sue Your University?

Sexual harassment and sexual assault on university campuses are, unfortunately, a common occurrence. Students who have experienced sexual harassment or assault can take legal action against the university and the perpetrator. Title IX of the Education Amendments of 1972 is a federal law that prohibits sex-based discrimination in federally funded education programs and activities, and it covers sexual harassment and sexual violence. Universities are required to have procedures in place to handle complaints of sexual misconduct and to ensure the safety of their students. If a university fails to do so, they can be held liable for negligence and a student may be able to sue.

Title IX violations

If a university fails to take appropriate action in response to sexual abuse complaints, it may be in violation of Title IX. Title IX violations can include the university ignoring a student's case, pressuring them to stay silent, or threatening them. Universities can also violate Title IX by discriminating against students after they have come forward about an assault or by ignoring a history of complaints. If a university tries to silence or intimidate a student in any way, the student may be able to file a lawsuit against the university.

In addition to filing a lawsuit, students can file a claim with the Office for Civil Rights (OCR) against their university within 180 days of the last act of discrimination. It is important to note that statutes of limitations apply to these matters, and there may be different legal deadlines for filing a federal Title IX claim compared to a state lawsuit. Therefore, it is crucial to act promptly and consult legal counsel to understand the specific rights and timelines that apply.

When suing a university for a Title IX violation, it is recommended to work with an experienced lawyer who can guide and support the student through the legal process.

Breach of contract

When a student enrols in a university, they enter into an agreement (often implicit) with the institution. If the university fails to live up to its stated obligations, such as ensuring student safety, there may be grounds for a breach of contract claim.

A breach of contract occurs when one party fails to fulfil its obligations as outlined in the contract. In the context of a university's responsibility to ensure student safety, a breach of contract could include failing to take appropriate action in response to sexual harassment complaints or not taking reasonable measures to prevent sexual abuse.

To establish a breach of contract claim, the plaintiff (the student) must prove the existence of a contract between themselves and the university. This can be done through a written document signed by both parties or, in some cases, an oral contract. The plaintiff must then demonstrate how the university failed to meet the requirements of the contract, such as by neglecting their duty to provide a safe environment.

It is important to note that the process for dealing with a breach of contract may be outlined in the original contract itself. For example, the contract might specify consequences for specific violations, such as late payment. If the consequences are not specified, the parties involved may resolve the issue through negotiation, resulting in a new contract, adjudication, or another form of resolution.

While a breach of contract is not typically considered a crime or a tort, it can have legal consequences. The goal of contract law is generally to ensure that the wronged party is compensated for any damages or losses incurred due to the breach. In the case of a university breaching its contract with a student, this could include emotional, physical, or financial harm suffered as a result of the university's failure to ensure student safety.

It is worth mentioning that the laws and procedures related to breach of contract claims may vary depending on the jurisdiction, so it is always advisable to consult with a lawyer who specialises in contract law to understand the specific options and requirements in your region.

Negligence

To successfully sue a college for negligence, several elements need to be established:

Duty of Care

Firstly, it must be proven that the university owed the student a duty of care. This means that the institution was responsible for taking reasonable precautions to ensure its students' safety and well-being. Colleges and universities are expected to be safe havens for students, and they have a responsibility to provide an environment free from sexual abuse and harassment.

Breach of Duty

Secondly, it must be demonstrated that the university breached this duty of care. This involves showing that the university failed in its obligations through action or inaction. For example, a university may be found negligent if it failed to enforce strict laws regarding underage drinking, did not install security cameras, or did not provide adequate training for campus security personnel.

Direct Link

There should be clear evidence linking the university's negligence to the incident of sexual abuse or harassment. This could include a pattern of ignoring or inadequately addressing complaints of sexual misconduct, failing to investigate reports, or not taking appropriate disciplinary action against known perpetrators.

Verifiable Damages

The victim must have suffered harm as a result of the abuse. This harm can be emotional, physical, or financial. It is important to note that the harm caused does not need to be solely physical; the emotional and psychological impact of sexual abuse or harassment can be just as damaging and is a valid reason to seek legal action.

Statute of Limitations

It is crucial to be mindful of the statute of limitations, which varies by state and type of lawsuit. These laws determine the timeframe within which a lawsuit must be filed. Acting promptly and consulting with legal counsel is essential to understand your specific rights and timelines.

Federal and State Laws

Federal and state laws also play a role in sexual assault cases. Title IX of the Education Amendments of 1972 is a federal law that prohibits sex-based discrimination, including sexual harassment and violence, in any educational program receiving federal funding. Most universities receive federal funding, making them subject to this law. Additionally, state laws may provide further protection, but these vary widely, and it is important to consult with a lawyer familiar with the specific state laws.

While suing a university for sexual harassment or abuse can be complex, it is possible to hold them accountable for negligence and seek justice for the harm caused.

Failure to protect students

Students can sue their university for sexual harassment or abuse if the institution failed to protect them. This is known as a negligence claim.

Universities that do not take appropriate action in response to sexual abuse complaints may be in violation of Title IX. This includes failing to prevent sexual abuse, not taking complaints seriously, or intimidating survivors into staying silent.

In a negligence claim, the plaintiff must establish that the university owed them a duty of care, there was a breach of that duty, there is a direct link between the breach and the incident, and the victim suffered verifiable damages.

• A lawsuit was filed against Brown University by four current and former female students, alleging that the school failed to protect women from rape and other forms of sexual misconduct. The suit claimed that the university actively prevented the reporting of incidents and perpetuated a "culture of silence" on campus.
• A former student of Chicago Public Schools sued the district and a former high school administrator, alleging that she was sexually abused by the administrator over a period of four years. The lawsuit claimed that the district failed to protect her, as other faculty members did not act on signs of abuse despite the plaintiff confiding in a teacher.
• A lawsuit was filed against the University of North Carolina School of the Arts by 65 alumni who alleged decades-long sexual abuse by teachers and administrators. The plaintiffs received a settlement of $12.5 million.
• A former student of McDonogh School sued the institution, claiming that he was sexually abused by the former Dean of Students. The lawsuit alleged that the school knew of the dean's predatory behavior but chose to cover it up instead of removing him.
• A plaintiff filed a lawsuit against a teacher and St. Peter-Immanuel Lutheran School, claiming that the teacher engaged in repeated acts of sexual misconduct when the plaintiff was a minor. The lawsuit also claimed that the school failed to take appropriate action despite being notified of the misconduct.

These cases demonstrate that universities can be held liable for failing to protect their students from sexual harassment or abuse. It is important to note that specific laws and statutes of limitations may vary by state.

Failure to investigate

Students can sue their universities for sexual harassment or abuse. There are complexities and nuances to each case, and specific laws vary by state.

If a university fails to investigate complaints or protect its students from sexual harassment, students can file a complaint with the U.S. Department of Education's Office for Civil Rights (OCR). Generally, an OCR complaint must be filed within 180 days of the incident.

There have been several cases where students have successfully sued their universities for failure to investigate sexual harassment or abuse complaints. For example, in a case against the University of California at San Diego, a male student who allegedly assaulted a female student had his suspension reversed by a California trial court judge. The judge ruled that the university violated the student's due process rights by presuming his guilt ahead of a hearing, not allowing him access to witnesses and evidence, and informing a hearing panel of his guilt instead of letting the panel reach its own conclusion.

In another case, a female student at the University of Southern California reported that she was sexually assaulted during group sex. The accused student violated the university's sexual misconduct policy, not by harming the woman himself, but by failing to stop the other men from slapping her and for later leaving her alone with them. The accused student was suspended, but the California Court of Appeals ruled against the university, stating that the student was not "provided any information about the factual basis of the charges against him," was unable to examine the evidence supporting the victim's statements, and was not allowed to appear before the panel deciding his case.

These cases highlight the importance of universities conducting thorough and impartial investigations of sexual harassment and abuse complaints, providing due process for the accused, and taking appropriate action to protect the rights and safety of all involved parties.

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