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Families trust schools to look after the best interests of their children, and when that trust is broken, it can leave a long-lasting scar. Schools are responsible for providing a safe and nurturing environment for their students to thrive in, and when they fail to make good on that promise, the consequences can be damaging to victims and their families. If your child was a victim of school misconduct in L.A. County, the legal professionals at Okabe and Haushalter can connect you with a school misconduct lawyer in Hermosa Beach so you can learn more about your legal options with regard to filing a civil suit.
School misconduct can take on many forms. Abuse or harassment by faculty members or peers could be considered misconduct under the U.S. Code and under California’s Education Code, and schools may be held liable if they are deemed negligent in providing a safe learning environment for students.
Abusing or interfering with rights of disabled students
Disabled students have the right to equal treatment under the law because of the Americans with Disabilities Act. If a school staff member behaves in a way that is abusive toward or interferes with the rights of a disabled student, they and the school may be sued for misconduct in civil court. If the school is found negligent, victims and their families may receive a cash award for the damages incurred by the abuse.
Sexual abuse by staff members or fellow students
Although the media has focused on teacher misconduct when it comes to sexual abuse in public schools, students who are sexually abused by fellow students may also have recourse under civil law. Section 220 of California’s Education Code states that if an educational institution is made aware of repeated acts of sexual abuse or harassment from one student to another and fails to act on that awareness, they can be held liable in civil court for their negligence.
Failure to report abuse or negligence
School staff are under an obligation to report abuse and negligence when they suspect it or know it to be taking place. If a staff member is aware of abuse or negligence and fails to report it, they themselves can be found negligent in civil court. For example, if a school principal overhears a teacher in the staff lounge discussing their abusive behavior toward an unruly student and does not act on this newfound knowledge, the principal may be considered negligent under civil law.
If you need a school misconduct lawyer in Hermosa Beach, the attorneys at Okabe and Haushalter can help. You deserve to get justice for your family’s pain and suffering, and holding the school accountable in the civil court is one way we can assist you with that effort. Our goal is to get our clients the maximum award possible in terms of financial compensation for damages so that their families can get closure. We offer free case evaluations to all potential clients, so call or click today to learn more about how we can help you by being your civil court advocates.