Please help

Virginia

My 16 year old daughter reported to her high school band teacher that she was being continually sexually harassed by a fellow band member. The band teacher told the boy and my daughter to stay away from each other and left it at that. He did not report it to an administrator. My daughter told me today that this same boy sexually assaulted her after a band event two weeks ago. I have spoken to our local D.A., and my daughter is going to be interviewed by a deputy tomorrow. Do I have any legal recourse against the school or this teacher?

Befair said:

Virginia

My 16 year old daughter reported to her high school band teacher that she was being continually sexually harassed by a fellow band member. The band teacher told the boy and my daughter to stay away from each other and left it at that. He did not report it to an administrator. My daughter told me today that this same boy sexually assaulted her after a band event two weeks ago. I have spoken to our local D.A., and my daughter is going to be interviewed by a deputy tomorrow. Do I have any legal recourse against the school or this teacher?

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If you do it won't be until the charge is proven.

Befair said:

My 16 year old daughter reported to her high school band teacher that she was being continually sexually harassed by a fellow band member.

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What was going on that was considered sexual harassment?

If the teacher took action and saw that the conduct stopped then there was no need to take it further, as far as the teacher was concerned. Unless there is a school policy that dictates that this type of thing be reported up the chain, then it might be a dead issue.

What, exactly, was this "sexual harassment?" Also, what was the "sexual assault?"

I ask this, because far too often people make assumptions that something is unlawful when it is not. Sexual comments or innuendo might be sexual harassment per school policy, but they are not generally criminal offenses.

And if a true sexual assault occurred (and this phrase means, to me, that a rape, attempted rape, or forced sexual contact occurred) then the police should have been immediately contacted. If the first call was to the DA and not local law enforcement, it makes me wonder what is going on. Plus, what level of offense this might be will depend on the actual act conducted that constitutes this "sexual assault."

As for the teacher, as HighwayMan mentioned, if the conduct was merely verbal banter and nothing of an obvious threatening nature, and school policy does not REQUIRE the teacher to run it further up the flag pole, then I doubt the teacher or the school will be responsible. Now, depending on what happened at the band event and how it happened, there might be a supervision issue involved with the sexual assault, but that is something you might have to speak with an attorney about after you know all the details. At this point I suspect you know only your daughter's account of what happened ... it may not be entirely accurate.