Santa Ana Unified School District Substitute Teacher Arrested after Allegations of Molestation – School Sexual Abuse Lawyers

Child Sexual Abuse in Schools

Unfortunately, sexual abuse in schools is a common occurrence. Sexual molestation is a type of child sexual abuse. The term child sexual abuse is an umbrella term that covers any sort of sexual activity with a minor (as a minor cannot legally give consent). Some examples of child sexual abuse that has occurred in schools are listed below:

• Exposing oneself to a minor
• Masturbating in front of a minor or forcing a minor to masturbate
• Fondling, massaging, any inappropriate touching
• Explicit conversations (including in-person, text messages, phone calls, etc.)
• Any sexual acts or contact with a minor

In the incident involving the substitute teacher at Adams Elementary School, the allegations specifically including inappropriate touching. Regardless of the type of child sexual abuse, all allegations should be taken seriously. If your child suffered any sort of abuse or molestation at the hands of a teacher, substitute teacher, or school staff, you should seek legal assistance as soon as possible.

The Consequences of Child Sexual Abuse in Schools

Sexual abuse in schools have long-lasting consequences. Students are victimized by their teachers, substitute teachers, or school staff, often struggle with long-term mental and emotional harm. Being abused by an adult that you trusted is traumatic enough. The traumatic experience often results in depression, post-traumatic stress, anxiety, panic, and other mental and emotional harm. Of course, physical harm is also possible. Victims can be left with sexually transmitted infections, injuries to genitals, injuries to organs, fractures, lacerations, scrapes, and bruises, for example.

Liability for Child School Sexual Abuse

Schools are supposed to be safe environments for students. The adults who work at these schools are supposed to promote their safety. Unfortunately, some of these adults take advantage of their position of authority and their access to children to abuse them in one way or another. So, who is liable?

Of course, the adult that committed the abuse can be liable, but it is also important to note that the school or the school district can also be liable for the sexual abuse that occurs to students at the hands of any school staff. This is because school districts have a duty to keep students safe. Just like school districts have to ensure that their actual schools are free of dangers (like wet floors and broken concrete, for example), they also have to ensure that their staff does not represent a risk to their students.

To ensure that their staff does not pose a threat to students, school districts must do the following:

• Subject all prospective employees to background checks
• Properly train all employees (including training on acceptable interactions with students as well as how to identify and respond to inappropriate interactions)
• Effectively supervise their employees and their interactions with students
• Effectively handle any allegations that arise (e.g., suspend or fire teachers, investigate the allegations, contact the authorities, etc.)

When school districts fail to take the actions necessary to keep students safe, then they can be found liable.

Can the Santa Ana Unified School District be liable for the sexual molestation that occurred at Adams Elementary School? Yes – if the school district failed to subject the suspect to background checks, failed to identify abuse, failed to address abuse, or covered up abuse, then the district could definitely be found liable. Considering that Morales has been associated with the school district for over 18 years, it is possible that there have been other incidents. There is no information regarding whether the district was aware of any other incidents during the suspect’s time at the district.

In this case, the school district could be liable for the molestation that the young female students suffered. For more information about establishing liability, contact us today.

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