If you or your child suffered abuse in a private school in California, you might have questions about how to sue a private school in California for failure to report sexual abuse. Survivors often feel they alone carry the weight of past abuse, but in California, we know that when a private school remains silent, or when an administrator or school employee fails to report suspected abuse, it gives permission for the harm to deepen and continue unchecked.

A private school in California cannot opt out of the state’s mandatory reporting laws. Teachers, school administrators, school counselors, coaches, and other school employees are required to act when they receive warning signs or information about possible abuse. Failure to report can cause incalculable harm to students and the school.

California’s Mandatory Reporting Laws for Schools

California school sexual abuse laws under California’s Child Abuse and Neglect Reporting Act require teachers, administrators, counselors, coaches, and other employees to report suspected child abuse or neglect to law enforcement or child protective services as soon as possible. This law applies to both public and private schools. Reporting the abuse to another school employee or the school district does not fulfill a school’s legal obligations to protect children.

Failure to report suspected sexual abuse can have criminal consequences for individuals and civil consequences for schools. The longer abuse continues, the greater the harm to victims. When a school has a reasonable suspicion of abuse and fails to report, that can be a breach of its legal and ethical duty of care to students, and survivors may have a claim for negligence, child sexual abuse, and intentional institutional misconduct.

According to the Centers for Disease Control and Prevention (CDC), at least one in four girls and one in 20 boys in the United States were sexually abused as children. Approximately 90% of child sexual abuse is committed by someone the child or a family member knows and trusts, including authority figures in private schools.

Establishing Liability in Private Schools

California courts can and do hold private schools liable when administrators, school counselors, teachers, coaches, school staff, or other employees knew or should have known about abuse or warning signs, and failed to report suspected abuse, supervise school employees or contractors, listen to complaints, or take appropriate action. When a private school prioritizes its own reputation or finances over the safety of students, it can be held legally responsible.

The problem is not just isolated incidents of abuse or individual offenders, but a private school’s actions or inactions after receiving warning signs. Abusers often transfer to different schools and positions instead of being reported or arrested.

A survivor’s claim against a private school for failure to report sexual abuse in California is often addressed in a local superior court for the community served by that school. In Orange County, the claim may be presented at the Central Justice Center, 700 Civic Center Drive West in Santa Ana, or the North Justice Center in Fullerton, at 1275 North Berkeley Avenue.

Hospitals where a survivor or family has sought care and trauma-informed support may include the Children’s Hospital of Orange County at 1201 West La Veta Avenue or Hoag Hospital in Newport Beach.

Gather Evidence

Discovery in California school sexual abuse cases often uncovers evidence indicating that schools knew or should have recognized abuse warning signs. School staff who ignored signs of abuse can face legal consequences since emails and various reports demonstrate they either knew about the abuse or should have known about it but failed to take proper action.

In some cases, former students or school employees may testify about school policies or similar past incidents, which can help to show a pattern of institutional misconduct. In many school sexual abuse cases, once one victim comes forward, others follow.

A knowledgeable school sexual abuse attorney can help to obtain and review evidence and build a timeline showing the school had the ability to control the conduct of school employees and failed to report the abuse in a timely manner.

Filing the Claim

A survivor can file a claim against a private school in civil court for negligence, negligent supervision, negligent hiring, and failure to report abuse to law enforcement as required under California’s mandatory reporting laws. Claims for sexual abuse and intentional institutional misconduct can also be brought directly against abusers and sometimes against school administrators who participated in or attempted to cover up abuse.

If you believe that a school failed to report sexual abuse, it is important to keep good notes of what you know and hire a school sexual abuse lawyer as soon as possible. Do not confront a school or administrator without talking to an attorney first.

It may be possible to report the abuse to law enforcement or child protective services even if a lot of time has passed. A lawyer can advise you about the most appropriate way to proceed and help to protect your safety and privacy.

FAQs

Is It Possible to File a Claim Against a Private School?

California allows individuals to file a claim against a private school when their actions or omissions result in injuries. Schools may face civil claims for negligence, failure to supervise, failure to report suspected abuse, or permitting an unsafe condition to continue. Private schools in California are not government agencies and do not have government immunity from liability.

How Much Money Does It Cost to File a Claim Against a School?

The initial expense to file a claim against a school can be low for a family. Many school sexual abuse and injury cases are taken on a contingency fee basis. Legal fees are not paid unless a recovery is obtained. Investigation costs and professional witness fees are generally advanced by the law firm during the course of the case.

What Do I Do When a School Fails to Protect My Child?

If a school doesn’t keep your child safe, remember to put your child’s safety and emotional needs first. Keep detailed records of all communications, events, and warning signs, and report the abuse to authorities if you haven’t already done so. You may want to consult a lawyer who is experienced in school sexual abuse cases to find out what legal options and next steps are available to you.

Can You File a Claim Against a School for Emotional Distress in California?

In California, you may be able to file a claim for emotional distress. This is a form of compensation that you can receive if the school’s actions, or failure to take actions, cause you significant emotional and psychological trauma. If this is the case, emotional distress damages may make up a large part of your sexual abuse claim.

Hire a School Sexual Abuse Lawyer with Easton & Easton

If your child suffered sexual abuse at a private school, you do not have to suffer the effects silently. You can hold the responsible entity accountable, and Easton & Easton can help. Contact us today for more information.