Have you, as a student, experienced sexual misconduct or harassment at school? If so, it must be rapidly addressed, no matter what your background or situation. Schools and other educational institutions can face liability for failing to respond appropriately to complaints of sexual misconduct affecting students.

Educator Sexual Misconduct Affecting Students

Any type of sexual relationship between a school educator or employee and an underage student may be considered a form of sexual abuse. Educators and school employees have a strict obligation to refrain from any form of sexual activity involving a student, no matter what the student’s age.

A recent report found that 350 public educators in the United States were arrested for child sex-related crimes in 2023. In addition, according to a study by Psychology Today:

• about 10 percent of students will experience educator sexual misconduct by the time they graduate from high school;
• verbal comments of a sexual nature are the most common form of educator sexual misconduct reported; and
• most perpetrators are male (89.1 percent) and teachers (63.4 percent) or coaches/gym teachers (19.7 percent).

Further, according to the Psychology Today study, those who reported educator misconduct were significantly more likely than those who did not report educator misconduct to disclose a variety of negative long-term negative consequences, including:

• poorer overall psychological well-being;
• a past suicide attempt;
• use of alcohol or drugs; or
• coercive sexual intercourse.

Specifically, those most likely to fall victim to sexual misconduct by a school employee are female high school students that come from low-income backgrounds, and often, the targeted students appear needy, get picked on, or have an unhappy home life, according to the Innocent Lives Foundation, an organization that works to identify anonymous child predators and help bring them to justice.
Additionally, students with disabilities are more likely to experience sexual misconduct by a school employee than students without disabilities, and among reports that examined sexual misconduct at institutions, 17 percent of targets were students with special needs, the Innocent Lives Foundation has reported.

Student-to-Student Sexual Misconduct

Sexual misconduct does not necessarily always stem from educators and can occur between students. In a 2020–2021 report from the U.S. Department of Education, girls were reported as being harassed or bullied on the basis of sex at a higher rate than boys.

Of the students reported as being harassed or bullied on the basis of sex:

• 63 percent were girls;
• 37 percent were boys, who were more often disciplined for harassment or bullying on the basis of sex; and
• of the students disciplined, 78 percent were boys and 22 percent were girls.

Additionally, a 2019 report from the U.S. Department of Education Office for Civil Rights shows that between 2010 and 2019 the number of complaints of sexual violence filed with the U.S. Department of Education’s Office for Civil Rights (OCR) in K-12 schools increased by 208 percent, according to Defending Education. Similarly, from 2015 to 2018, the incidents increased drastically, the website states. However, the data does not specify whether the alleged abuser is a student, teacher, or administrator, according to the report.

Seek Justice and Reach Out for Help

While it may be extremely difficult for students affected by sexual misconduct to speak out about what happened to them — coupled with intimidation, fear of retaliation or the fear that they won’t be believed — it is imperative to fight for justice, and an education attorney can assist you through this challenging process. It is never too late for a victim of school sexual abuse to speak with an education attorney about taking legal action over your abuse.

Tully Rinckey attorneys understand that issues surrounding sexual harassment at school, and they will handle your matter with the attention and tact it deserves. If you have additional questions about your rights as a student, our team of attorneys is available to assist you today. Please call 8885294543 to schedule a consultation, or schedule a consultation online.

Nicholas A. Marricco is a Senior Associate in Tully Rinckey PLLC’s Manhattan Office, where he focuses his practice on Education Law, Special Education Law, Higher Education Law, Federal Employment Law, and New York State Employment Law. Nicholas has also represented countless families of children with special needs in CSE meetings, CPSE meetings, manifestation determinations, and Impartial Hearings. He is among the few New York State Special Education Attorneys who had an IEP and received special education services as a child. Nicholas’ parents fought for his education as a child and now he zealously advocates for all his clients like his parents did for him.