On this page, we will look at sex abuse lawsuits filed against schools for negligence and their settlement value. If a student is sexually abused by a teacher (or another student) Schools can be held liable in a civil lawsuit if their negligence enabled the abuse to occur.
Filing a Civil Lawsuit for Sexual Assault or Abuse at School
Anyone who has experienced sexual assault or abuse at school can file a civil lawsuit against the institution. The victim, known as the plaintiff, can seek damages, and in some cases, the victim’s spouse may also file a claim for loss of companionship (loss of consortium). If the abuse was committed by a teacher or another student, the school may be held liable for failing to protect the victim. Even if the perpetrator was not affiliated with the school, liability can still apply if the incident occurred on school grounds.
What Constitutes Sexual Abuse or Assault?
Legally, sexual abuse or assault includes any non-consensual sexual touching. This covers a wide range of actions, from inappropriate contact to forcible rape. Two key elements define sexual abuse:
- Sexual Intent – The act must be done for sexual gratification or arousal. Accidental contact, such as in a crowded space, does not qualify.
- Lack of Consent – Anyone under 18 cannot legally consent to sexual touching.
When Can Schools Be Held Liable?
Victims can always sue their abuser, but often, the abuser lacks financial resources to cover settlements or verdicts. Schools, however, have insurance and funds, making them a viable defendant in civil lawsuits.
Schools can be held accountable under various negligence claims:
Negligent Hiring or Retention – If a school fails to properly vet or discipline employees accused of misconduct, it may be liable.
- Example: Jane, a student at Acme Private School, was sexually abused by her guidance counselor, John. Despite previous complaints about John’s inappropriate conduct with students, the school never investigated or acted. Jane can sue both John and the school.
Negligent Supervision: If a school receives complaints about a teacher’s inappropriate actions with students and ignores or fails to investigate those complaints, the school can be held liable for negligence.
- Example: Let’s say Bob is a teacher at Acme High School. Bob has a sexual relationship with a 14-year-old freshman student in his class and that student files a lawsuit against the school. The lawsuit reveals that the school administrators received numerous complaints about Bob’s conduct with prior students, but never bothered to investigate the complaints and allowed Bob to continue teaching. The school can be held liable for negligence.
Negligent Security – Schools can also be held responsible for failing to provide a safe environment, including inadequate supervision or security measures that enable abuse to occur.
Civil Lawsuit vs Criminal Charges
Victims of sexual abuse or assault do not have to pursue criminal charges before filing a civil lawsuit. A civil claim can be brought even if the victim never reported the abuse to law enforcement. There are many reasons why a victim might choose not to report or cooperate with a criminal case, but this does not affect their ability to seek justice through a civil lawsuit.
If criminal charges are filed, the outcome of that case has no bearing on a civil lawsuit. Even if the accused is acquitted in a criminal trial, they can still be held liable in a civil court. This is because civil and criminal cases have different legal standards.
The burden of proof in a civil sexual abuse lawsuit is much lower than in a criminal case.
- Criminal cases require proof “beyond a reasonable doubt,” a high standard that can be difficult to meet, especially in cases where consent is disputed.
- Civil lawsuits only require proof by a “preponderance of the evidence,” meaning it is “more likely than not” that the abuse occurred.
This lower standard makes it easier to win civil cases against schools and institutions, even when criminal charges do not result in a conviction. As a result, schools often face significant settlements and verdicts in these cases.
Statute of Limitations for Filing a School Sexual Abuse Lawsuit
Each state sets its own statute of limitations, which determines how long a victim has to file a lawsuit for school-related sexual abuse. In some states, the deadline may be as short as two years, while others allow for a much longer filing period. The time limit also depends on whether the victim was an adult or a minor at the time of the abuse.
For victims who were minors (under 18) when the abuse occurred, the statute of limitations is often extended. Many states have passed laws significantly lengthening the filing window for child sexual abuse cases, and some states have even eliminated the time limit altogether for these types of lawsuits.
Understanding Settlement Value in School Sexual Abuse Lawsuits
It’s completely reasonable to wonder how much a potential settlement might be in a school sexual abuse lawsuit. Financial compensation can be a key factor in deciding whether to pursue legal action, given the emotional toll of the process. However, the settlement value varies widely based on several case-specific factors.
Key factors influencing the settlement amount include:
- Nature of the Abuse – The severity, duration, and circumstances of the abuse significantly impact case value. A single incident of inappropriate touching will result in a lower settlement than repeated or violent acts, such as forcible rape.
- School’s Liability – A case is stronger if there is clear negligence on the school’s part. For example, if a school failed to act on prior complaints against a teacher who later committed abuse, the settlement value increases.
- Available Evidence – Strong supporting evidence, such as witness testimony, medical records, or documentation of prior complaints, can greatly enhance the case’s value.
Each case is unique, and consulting with a legal professional can provide a clearer understanding of potential outcomes.
Verdicts and Settlements
Below are examples of settlements and verdicts in recent school sex abuse cases from across the country.
$3.2 Million Settlement (Washington 2025): A school district outside Seattle paid $3.2 million to settle a sex abuse lawsuit in which it the plaintiff was sexually abused by his teacher over a period of several years, beginning when he was only in middle school. The lawsuit alleged that the school district totally ignored numerous complaints, red flags and warning signs about the teacher and his long history of inappropriate conduct with students.
$85.6 Million Settlement (New York 2024): A school district in Long Island will pay $86 million to a group of 45 female plaintiffs who claimed that they were sexually abused by their former 3rd grade teacher. The teacher is being criminally prosecuted and the women were able to bring these claims under NY’s new laws extended the deadline for child sex abuse lawsuits.
$3.5 Million Settlement (Oregon 2024): A school district in Oregon agreed to pay $3.5 million to a group of former students who alleged that the were victims of sexual abuse by their former high school teacher. The lawsuit accused the school district of completely ignoring the teacher’s predatory and creepy actions towards female students, allowing him to continue teaching and abusing new victims. The settlement was covered by the school district’s insurance company.
$500,000 Settlement (Washington 2022): A special needs student was sexually assaulted by a fellow special needs student who was in her class. The lawsuit claimed that the school district was negligent because it knew the student who committed the assault was sexually aggressive and had a history of prior bad acts, but failed to take any precautions.
$6 Million Verdict (Florida 2022): The plaintiff claimed that she was sexually abused by her former teacher at her high school in Miami Dade County. There was evidence that the school district and administrators at the school had received prior complaints about sexual abuse committed by the teacher with other female students, but allowed him to continue teaching.
$125,000 Settlement (New Jersey 2022): In this case the plaintiff claimed that her high school teacher sexually abused her when she was only 14-years-old. Unlike many other cases involving school sex abuse, there was no clear evidence that the school had prior knowledge that the teacher was sexually abusing students, or acting inappropriately.
Contact Our School Sex Abuse Lawyers
If you are considering filing a civil lawsuit for sex abuse against a school, contact us at 800-553-8082 for a free consultation.