I am a teacher for a public school. I have been receiving sexually explicit emails from 4 students. I also was sexually harassed by 2 students verbally. The final straw was when a very known violent student, who also was arrested for prostituting a 10 year female, grabbed my breast purposely. All were unwanted and unwelcome.
None of them were suspended. Admin was told time and time again about these incidents. I was told because of attendance issues students will not be suspended. I have 3 police reports. I’m on FMLA due to Acute Panic Disorders stemming from the above incidents. All are 12 and 13 year old students. What are my rights? What options do I have?
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
From the facts you present, you may have the basis of a legitimate personal injury claim against the parents of the children who assaulted you, either verbally or physically, and the school district (administration).
Students have no legal basis upon which they may assault teachers. There should be no exceptions.
Because the administration knew, or should have known about the assaults, and did virtually nothing to protect you, the school district should be liable for not only your pain and suffering from your Acute Panic Disorder, but additionally, for the emotional distress and mental anguish you suffered, and appear to be still suffering.
You can’t take on the school district by yourself. Contact several personal injury attorneys in your area. Try and find one or more with experience in suing school districts. Fortunately, most personal injury lawyers will not charge for initial office consultations.
Bring along to the consultations letters, emails, personal journals, and/or any other communications between you and the school district. Also bring along your medical or therapy records and bills related to your Acute Panic Disorder.
Personal injury attorneys will not charge clients until, and unless they succeed in settling the client’s claim, or winning it at trial. Then, the attorney is only entitled to fees of between 33.3% – 40% of the settlement or court award. If your attorney fails to settle your claim or win at court, you owe nothing.
Learn more here: Assaults and Workplace Violence
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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