Young Female Sexually Assaulted at Private School

ByMichael Talve, CEO

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Updated onOctober 19, 2017

Young Female Sexually Assaulted at Private School

This case involves sexual assault at a school. The plaintiff, a twelve-year-old female, was placing items in her locker after school had ended. At this time, a thirteen-year-old male grabbed her by the shoulders, pushed her against the lockers, brought his hand to her backside, and pushed himself against her. He held himself there and told her not to say anything. She immediately reported the incident to her parents, and they contacted the school. While the older student was disciplined, he was not suspended, nor was he expelled. Additionally, the older male child had a history of inappropriate conduct at the school, with numerous complaints filed against the student. It is alleged, however, that the school had special relations with his family, which is why he was not expelled from their program. An expert in school violence and academic affairs was sought to opine on this case.

Question(s) For Expert Witness

1. If a school is aware that one of their students has previously been involved with various forms of inappropriate conduct, what obligation do they have to the other students who may be exposed to him?

2. Is it the school's responsibility to ensure the safety of its minor students - specifically pertaining to incidents of sexual abuse?

Expert Witness Response E-006297

inline imageIn this case, it appears that the school was negligent in their responsibilities to the plaintiff. If a student is subject to continuous disciplinary actions, the school must ensure that the student is not able to harm others. While the nature of his previous indiscretions is important, the student should not have been given the opportunity to assault the plaintiff. Furthermore, when school commences, there should be a level of supervision, especially if the older student had a history of misfeasance. Any special relationship between the family and the school need to be considered, especially with the relatively lenient punishment that the student appeared to receive. I would need to review the specific circumstances of this case, but it seems like the school did not fulfill their responsibilities in protecting the other students.

About the author

Michael Talve, CEO

Michael Talve, CEO

Michael Talve stands at the forefront of legal innovation as the CEO and Managing Director of Expert Institute. Under his leadership, the Expert Institute has established itself as a vital player in the legal technology arena, revolutionizing how lawyers connect with world-class experts and access advanced legal technology. Michael's role involves not only steering the company's strategic direction but also ensuring the delivery of unparalleled intelligence and cutting-edge solutions to legal professionals. His work at Expert Institute has been instrumental in enhancing the capabilities of attorneys in case preparation and execution, making a significant impact on the legal industry's approach to expert consultation and technological integration. Michael's vision and execution have positioned the Expert Institute as a key facilitator in the intersection of law and technology.

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