How Los Angeles School Districts Handle Sexual Assault Allegations: What Parents Need to Know

If your family has been impacted by sexual assault, this is an extremely serious matter that calls for immediate attention. To protect the rights and well-being of their children, parents need to understand how Los Angeles school districts handle sexual assault allegations. If the school district fails to take sufficient action or negligently handles a case, the victim’s family may have legal options to hold the school district accountable.

Understanding the Legal Responsibility of School Districts

Title IX is a federal law that penalizes any type of sex-based discrimination that occurs in educational institutions. Under Title IX, schools are required to deeply scrutinize any reports of sexual assault or harassment that involve students. Furthermore, under California state law, school administrations are required to quickly address any instances of sexual misconduct. They are also required to work to adequately prevent it from happening at all.

When sexual assault allegations are brought forward, school districts are required to carry out an unbiased and thorough investigation. The Title IX coordinator of the school has the responsibility of maintaining compliance with federal regulations. They are also tasked with deeply investigating what happened and establishing measures to protect the victim. In cases involving serious sexual violence, schools are also required to notify law enforcement.

The Investigation Process for Sexual Assault Allegations

After a report has been made regarding a sexual harassment or assault incident, the investigation process carried out by the school administration is generally as follows:

• Immediate protections. The administration may choose to opt for protective measures, like schedule changes, no contact orders, and a temporary removal of the alleged perpetrator. These can ensure the protection of the victim while investigations are ongoing.
• Internal investigations. The responsible school official, who is usually a Title IX coordinator, will carry out internal investigations. This involves collecting crucial evidence, interviewing witnesses, and reviewing relevant supporting documents. The investigation process should be unbiased, fair, and promptly carried out.
• Involvement of law enforcement. If the allegations potentially include behavior of a criminal nature, schools are required to notify law enforcement. If the police launch a criminal investigation as a result, this will be separate from the school’s ongoing internal investigation.
• Disciplinary action. If the school administration finds concrete evidence against the perpetrator, they may choose to implement disciplinary measures against the school employee. This could include probation or even termination.
• Navigation of appeals. Both the perpetrator and the accused have the right to submit an appeal if they believe that investigations were not properly carried out. They can also file an appeal if they feel the final decision was unfair.

What Parents Should Do If Their Child Experiences Sexual Assault

If your child has been subject to sexual assault at school, it’s crucial to take concrete action as soon as possible to protect their safety and emotional well-being. You should contact an experienced attorney right away. They can assist you with reporting the incident, collecting a written record of the complaint, and demanding a thorough and unbiased investigation.

If LAUSD tries to cover up what happens or fails to adequately address the situation, your attorney can file a claim to hold the right parties accountable.

FAQs

What Should Parents Do If Their Child Reports Sexual Assault at School?

If their child reports sexual assault at school, parents should first prioritize the child’s safety and emotional wellness. After that, they should immediately report what happened to the relevant school officials, be it the Title IX coordinator or the principal. Furthermore, they should ask for a written document that lays out the sexual misconduct policies of the school. Additionally, they should speak with a lawyer and report what happened to law enforcement.

Are Schools Legally Required to Investigate Sexual Assault Allegations?

Yes, under Title IX, schools are legally required to investigate any allegations of sexual assault or any type of harassment that involves students. Schools and their administrators have a mandate to immediately and appropriately address any complaints and take action to prevent such incidents from occurring again. It’s crucial that investigations happen right away, and they must be fair and unbiased.

How Long Does a School’s Investigation Typically Take?

How long a school’s investigation may typically take depends on the specific factors of the case. It’s important to note, however, that some cases could take longer, especially if the situation is particularly complex or there are ongoing investigations in parallel with law enforcement. A skilled teacher sexual abuse attorney can estimate how long a school’s investigation may take for your case.

Can Parents Sue a School District for Mishandling Sexual Assault Allegations?

Yes, it is possible for parents to sue a school district if they have mishandled sexual assault allegations. School districts, such as the Los Angeles Unified School District, can be held accountable if they fail to adequately handle a sexual assault case. As schools have a legal mandate to protect their students, any failure to adequately investigate, prevent, or respond to claims could potentially make them liable for subsequent damages.

What Legal Claims Can Be Made Against a School District in Sexual Assault Cases?

Possible legal claims against the school district in a sexual assault case could involve:

• Negligence for not adequately responding to or preventing an assault
• Failure to report the incident
• Attempting to cover up what happened
• Completely ignoring the incident

The schools can also be held legally accountable for Title IX violations, such as if the administration did not take sufficient action to ensure a student’s protection from sexual harassment or assault.

Understand Your Legal Options for Your Child’s Sexual Assault Case: Contact an Attorney Today

If your child has been involved in sexual assault allegations in the Los Angeles school districts, you are likely feeling overwhelmed and unsure about how to protect their safety and well-being. Fortunately, an empathetic attorney from DeMarco Law Firm can work through the required legal processes. They can hold individuals and administrations accountable for any negligence or wrongdoing that led to your child’s harm. Contact us today to learn more.