Educator Sexual Abuse Cases: Claims, Defenses, and Settlement Strategies

This CLE course will explore liability for sexual abuse perpetrated by educators on students. The panel will discuss who in addition to the perpetrator may be liable, the duty of care owed to students on and off campus, what triggers an obligation to report, theories of liability and defenses, governmental entity defendants, investigatory and evidentiary challenges, settlement strategies, litigation vs. mediation, insurance, and more.

Sexual misconduct by an educator towards a student is the targeting of a student in any sexual way by actions, words, or both. This abuse of trust takes many forms and has serious negative effects on students, their families, and even schools themselves. Exposing student sexual abuse and obtaining compensation and accountability of those responsible requires overcoming legislative, cultural, personal, and institutional inertia and denial. 

Student sexual abuse by educators rarely happens without someone having seen or heard something that should have been but was not acted upon. There may be many potentially responsible parties. But investigation and verification of facts may be tedious because schools could assert competing duties to the accused. Often, criminal prosecution runs parallel to civil cases. Defendants may have compelling or legal defenses. School districts may assert some type of immunity or have limited resources. 

Resolving sexual abuse cases requires not only strategies to obtain an appropriate financial outcome but also to secure non-financial remedies that might effect change and help the student to heal.  

Listen as our panel of experts offers guidance in cases seeking liability for sexual abuse perpetrated by educators on students.