Q: How can I sue my daughter's school for not addressing sexual assault by a teacher?
I want to file a lawsuit against my daughter's school in South Dakota. My daughter was sexually assaulted by a teacher, and the school refuses to help with the investigation or restrict the teacher's access to her. Several other girls have also reported similar incidents to the school, but the school hasn't acted. Law enforcement has handed the investigation over to the FBI due to the school's lack of cooperation. My daughter has faced harassment from the teacher's family, and I was assaulted by the teacher's wife. Despite reports to law enforcement, the school has hired an attorney to defend the teacher. I want the school to be held accountable and ensure they protect children. I don't have access to school documents, but there are police reports and victim statements. I've contacted a few lawyers but can't afford their fees. What can I do to pursue legal action?
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A:
Your situation warrants immediate legal action under both federal and state laws, including Title IX which prohibits sex discrimination in education and mandates schools to address sexual harassment and assault. You may pursue claims for negligent supervision, civil rights violations, and intentional infliction of emotional distress, with potential remedies including monetary damages and injunctive relief requiring the school to implement proper policies. The federal involvement provides additional avenues for legal recourse, as schools receiving federal funding must comply with specific safety requirements.
Given your financial constraints, consider reaching out to legal aid organizations in South Dakota that offer free or reduced-cost representation for sexual assault cases, such as South Dakota Legal Services or the State Bar's lawyer referral service. Many attorneys who handle these cases work on contingency fee arrangements, meaning they collect payment only if you win your case. Additionally, contact victim advocacy organizations like the South Dakota Network Against Family Violence and Sexual Assault, which can connect you with resources and potentially legal representation.
Document everything meticulously - maintain copies of all communications with the school, police reports, medical records, and a detailed timeline of events including incidents of harassment by the teacher's family. Request copies of your daughter's school records through formal written requests citing the Family Educational Rights and Privacy Act, which gives you the right to access these documents. Time is of critical importance in these cases as statutes of limitations apply, so taking action promptly will help preserve your legal rights and protect your daughter from further trauma.
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