Michigan School Teacher Sexual Abuse Lawsuits

Our Michigan school teacher sex abuse lawsuit lawyers represent victims in cases against both public schools and private schools.  We sue both the offending teacher and the school and demand the maximum compensation for the abused student.  These sex abuse lawsuits often result in very large settlement awards.

Every parent hopes their children are safe while at school. Unfortunately, this is not always the case. The sex abuse lawsuit lawyers at The Buckfire Law Firm handle claims arising from the sexual misconduct of teachers, counselors, coaches, and other educational professionals.

If you are looking to pursue a school sexual abuse lawsuit in Michigan, having an experienced attorney on your side can be essential. This type of abuse can happen when people in positions of power take advantage of vulnerable children and teenagers.  We have pursued cases against many different grade level teachers, including special education teachers.

While school workers are supposed to ensure intensive training and screening to prevent these incidents, examples of inappropriate sexual contact or outright abuse are common. When this occurs, both parents and students have rights under the law. This includes the right to demand payments from both sexual abusers and their employers.

The Legal Duty To Prevent Teacher Sex Abuse Owed by Schools

Regardless of consent, any sexual contact between a child a school employee is inappropriate. This can include direct contact between a student and teacher, or a circumstance where a teacher or other staff member turns a blind eye to sexual abuse by another person on school property.

Because Michigan schools always have a duty to keep their students safe, any instance of sexual abuse that occurs on campus grounds may implicate the school as being negligent in a lawsuit.   In addition, the school can be held accountable even when a teacher engages in sexual relations with a student off the school property.  An award-winning attorney at Buckfire Law will investigate any instance of sex abuse and to identify all defendants sue in a lawsuit.

Can a Student Sue a School for Sexually Abuse ?

You may be able to sue both the teacher and the school if you were sexually abused as a student.  Under the legal theory of Respondeat Superior, the employer of the teacher or other school employee may be held liable for the assault.  However, these case may require proof that the school district or supervisors knew or should have known of the sexual predatory tendencies of the school staff member.  This is often established by evidence of previous complaints about the teacher or circumstances which gave rise to suspicious behavior but was ignored.

Additionally, the school may be negligent in both the hiring and supervision of the assaulting teacher.  For example, the teacher may have had an incident of sex misconduct at a previous job but was hired anyway, despite having a history of sexually deviant conduct.  In addition, the school administration may be found negligent for not properly supervising the teacher and allowing the abuse to happen when it could have been completely preventable.

Suing Public Schools versus Private Institutions

While every educational institution has virtually the same duties to keep students safe, the legal liability of these schools can vary. One major factor that any sexual abuse claimant must consider when filing a lawsuit in Michigan is whether the school is a private or public institution.

Plaintiffs can name private schools as defendants in all claims alleging sexual abuse. These can include situations where a teacher is directly involved in the abuse, where they witnesses abuse occurring in on school grounds but do not intervene, or when a third party commits an offense on school property. Here, a plaintiff can allege that a school was merely negligent in not providing adequate protection.

Claims against public schools are much more complicated. Because these schools are considered entities under the State of Michigan, they enjoy protections under the concept of sovereign immunity. Traditionally, this means that the State could not be named as a defendant in a personal injury claim following an allegation against one of their employees under Michigan Compiled Law §691.1407.

However, some exceptions to this rule do exist. The same statute allows a plaintiff to hold an employee of the school personally responsible if their actions amounted to gross negligent. This means that the employee knew that there was a substantial risk of harm to the child, and that the defendant willfully ignored that risk.

Other cases may rely on allegations that a specific school-board policy led to the abuse. Regardless of the circumstances, it is essential to work with a lawyer who understands Michigan law regarding school sexual abuse lawsuits.

Legal Theories of Liability in School Teacher Sex Abuse Lawsuits

There are several theories of liability for a student to sue a teacher and school in a sex abuse lawsuit.    In addition to state law theories, many lawsuits are filed based on violation of federal laws.  These include violations of Title IX because sexual harassment and abuse is form of discrimination under Title IX.  As such, an educational institution that receives federal funding can be held liable under Title IX for the sexual abuse of a student by a teacher or other school employee.  These law can also be used when a student is sexually abused by another student.

In addition, schools may also be liable under 42 U.S.C. Section 1983.  This law provides a cause of action to sue for a violation of bodily integrity of a student.

Can I Sue a Teacher for Sex Abuse?

If you were a student and were sexually abused by a teacher or other school employee, you can sue for money damages.  While the teacher may contend that you consented to sexual relations, this is not a valid offense.  Teachers and other figures of authority who are predators know how to identify vulnerable students and take advantage of them.  A defense of consensual sex is not available to avoid criminal liability or a civil lawsuit against the teacher for unlawful sexual contact.

How Much are Teacher Sex Assault Settlements?

There is not a calculator or even set guidelines to determine a teacher sex assault settlement.  The amount of every settlement is determined by the unique aspects of a case and every case is different.  The factor that go into determining the settlement amount include the nature of the assault itself, the age of the student, and the psychological impact on the student.

There have been significant settlements in Michigan and throughout the United States in sex assault lawsuits against teachers and school districts.  For example, a school district paid a $5 million settlement to a student molested by a teacher for failing to properly supervise the teacher.  In another lawsuit, the school district paid $ 945,000 to an eighth grade student who was sexually assaulted by her teacher.  The student in that lawsuit alleged she suffered post-traumatic stress disorder, anxiety, and depression caused by the teacher sex assault.

Our attorneys will work hard to prove your damages and recover the highest possible settlement.  Contact us now to start your investigation!

How Much Time do I Have to File a Michigan School Sex Abuse Lawsuit?

In Michigan, the statute of limitations to file a sex abuse lawsuit is generally two years or three years depending on the facts of the case.  However, for cases involving teachers you may be able to sue the teacher and school district all the way up to your 28th birthday.  The time deadlines are very unforgiving so it is essential you contact our law firm today if you want to sue a teacher and school for a sex assault of a student.  We will carefully evaluate your case and determine if you have time to file your lawsuit.

Contact our Michigan School Sexual Abuse Attorneys

At school, teachers and counselors are in a position of trust and power. Sadly, many educational professionals take advantage of this position and prey on vulnerable students.

If you or your child was the victim of sexual abuse or misconduct by a teacher at school or even away from school, a compassionate lawyer at Buckfire & Buckfire, P.C. will file your lawsuit.

For the best possible legal representation, call our award-winning law firm today to get started on your case.

We charge no legal fees unless you win a settlement and it costs no money to start your case.  We only earn a fee if you get a settlement!