Teachers are supposed to help students expand their minds and become healthy, thriving adults. Schools are supposed to be safe environments that allow students to express themselves and find out who they are. When an instructor takes advantage of their access to students and uses their power over them to have inappropriate sexual encounters, they can cause irreparable harm. 

If you or your child was sexually abused by a teacher, you have legal options. While the teacher might face criminal charges, the outcome is largely out of your hands. It depends on Florida prosecutors taking up the case and finding enough evidence to prove beyond a reasonable doubt that grooming and teacher sex abuse occurred. 

One option that can grant you and your child the resources you need to manage the aftermath of abuse is to file a lawsuit against the instructor or the educational institution. At Edwards Henderson, we represent sexual abuse survivors of all ages. Relying on our decades of legal experience, we can help your family receive the justice you deserve. 

What Is Educator Misconduct?

Educator misconduct refers to a range of situations that go against the ethical standards of the education profession. Misconduct can include actual harm, such as physical and sexual abuse. It may also include acts that are detrimental to education as a whole, such as cheating on a professional exam or misusing school funds. 

Teachers must maintain strong boundaries between themselves and their students to ensure the learning environment is safe. If any behavior blurs these lines, including improper interactions, misconduct has occurred. An inappropriate relationship with a student is a serious type of educator misconduct. 

Is It Illegal for Teachers to Have Sexual Relationships with Students?

States throughout the country have passed laws that deal with this subject. Typically, schools will fire teachers who face credible accusations of sexual misconduct with students. However, the age of consent in 33 states is just 16. If a student is over the age of consent, the teacher might not face criminal charges for sexual contact with a student, unless that contact is considered assault.

Some states have adopted specific laws that make education sexual misconduct illegal even if the student is over the age of consent. The laws recognize that since the instructor is in a position of power over students, these relationships cannot be consensual. 

Section 800.101 of the Florida Statutes is one of these laws. It describes an “authority figure” as someone 18 or older who volunteers at, is employed by, or is under contract with a school. These people cannot begin romantic relationships with or engage in sexual or lewd conduct with students in public or private schools from early learning and prekindergarten levels through high school. 

Florida labels these acts as felonies in the second degree, which can be punished by up to 15 years in prison. 

What Is Grooming?

Sexual grooming is one of the stages of child sexual abuse. During this step, the groomer aims to build the child’s trust and put them at ease while creating an atmosphere of secrecy to prevent others from understanding what is occurring. It can occur online or in person. 

Grooming can make a child feel as though they have a special relationship with the potential abuser, which can lead to severe distress and confusion when acts of abuse occur. It can also cause the child to feel like the abuse is their fault and that they are responsible for what happened. 

The abuser might convince the child that they will be separated from their family if anyone finds out about the abuse, leading to further secrecy. They can often do this without threatening the child. 

Signs an Educator May Be Grooming Your Child

Grooming can take many forms. For example, the abuser might play favorites and treat the student like an adult instead of a child. A teacher who offers too much praise to a student or who speaks with them about their personal life could be grooming them. Other signs include giving a student presents or spending much more time with them than with other students. 

Getting Close to the Family

In some cases, grooming involves getting close to the child’s family. The instructor will want to be seen as a reliable and safe person in the child’s life and will try to earn the trust of the child’s guardians as well as that of the child. 

Isolation

As grooming progresses, the instructor will begin to isolate the child from friends and family to make it easier to maintain secrecy. They will try to confuse the child about what is acceptable and start to push physical boundaries by touching them in nonsexual ways. 

Inappropriate Communication

Additionally, the grooming process may involve inappropriate communications via social media or text. Innuendos or any kind of sexual content could point to grooming or sexual abuse. Using very casual language with a child is a cause for concern. 

Changes in Behavior

Changes in your child’s behavior are also signs that they have been sexually abused by a teacher. If they seem anxious or depressed and suddenly do not want to go to class, it is time to consider whether an inappropriate relationship has developed. 

Sometimes, parents give educators the benefit of the doubt and assume that questionable conduct has an innocent explanation. However, it is always better to address concerns as soon as you notice them. 

Teacher Sex Abuse Statistics

About 10% of all students will have experienced educator sexual misconduct by the time they graduate from high school, with the majority of perpetrators being male. In 2023 alone, 350 public educators were arrested for child sex crimes. Despite how prevalent the problem is, there have been few studies that focus on understanding why and how this abuse occurs or who is most affected.

A 2020 study revealed that between 2017 and 2018, there were 14,152 allegations of sexual assault by adults at school in grades K through 12. A more recent study showed that most perpetrators were teachers or coaches and that 89.1% were male. The majority of those who experienced sexual assault or misconduct were female high school students, and most of the time, grooming took place before the sexual misconduct occurred. 

One of the most significant issues involving teacher sexual abuse is how rarely it is reported and how minimal the consequences to the educators can be. The impact on the survivor’s life, however, can be significant, especially if the student does not confide in anyone about the abuse and does not receive outside support. Children who have been sexually abused by a teacher are more likely to develop mental health disorders, have suicidal thoughts, and turn to alcohol or drugs. They are also more likely to experience sexual abuse again. 

The Importance of Social Media Screening at Schools

Because social media offers anonymity and can be difficult for school administrators to trace, perpetrators of sexual misconduct often choose this tool to communicate with students. They might contact a child under the guise of offering tutoring or extra guidance when, in fact, they are hoping to begin an inappropriate relationship. 

To help protect students, schools can employ social media screening for current and prospective employees. These screenings analyze the digital footprints of each educator to identify behaviors or affiliations that could cause harm to students. 

For this step to be viable, administrators must develop a policy that clarifies how the screenings will take place and what they will be looking for. The policy will need to comply with privacy laws. It is also important to implement ongoing screenings. If anything inappropriate comes to light, the policy should clearly outline the next steps. Administrators must adhere to the consequences described in the policy and should not make exceptions.

What Is a Mandated Reporter?

Mandated reporters are those who, by law, must report reasonable suspicions of abuse. Teachers are mandated reporters.

If a child confides in a teacher about abuse or if the teacher spots any signs that misconduct is taking place, they have to act. They do not need to have proof that abuse is taking place, only reasonable suspicion. 

Can You Report a Teacher to CPS?

Yes, you can report a teacher to Child Protective Services (CPS). Teachers have a responsibility to report if they see signs of abuse, and so do you. In Florida, everyone is considered a mandated reporter.

How to Report a Teacher for Sexual Abuse

If you suspect that your child has suffered sexual abuse at the hands of an instructor, you must report it as soon as possible. Title IX requires schools to act on reports of sexual abuse, stating that all students have the right to a safe educational environment. Allowing sexual abuse to continue is a violation of Title IX because it is a sex-based discriminatory act. 

The law requires schools to immediately begin investigations into sexual abuse allegations and provide resources for the survivors. If a school fails to do so, it can lose federal funding. 

Anyone can file a Title IX complaint with either the Department of Justice or the Department of Education Office for Civil Rights (OCR). As a parent or guardian of an underage student, you can also file a Title IX lawsuit. However, OCR will close the case if you file a lawsuit before the agency finishes its investigation.

Let Our Team Help You Pursue Justice Against Your Abuser

If you or your child was abused by an educator, you can get justice and compensation for what you have been through. By filing a Title IX lawsuit or taking other legal actions, you can seek justice and recover compensation that will grant you access to mental health treatments to help you cope with the resulting trauma. At Edwards Henderson, our team of sexual assault lawyers can explain your rights and the next legal steps.

We know how difficult this process is for you and your family, which is why we offer compassionate representation that is fully client-centered. You deserve help, and our team of sexual abuse lawyers can provide it. Contact our team to schedule a free and confidential consultation.