Sexual Abuse in Colleges

Sexual Abuse in Colleges

Survivors of sexual assault and abuse at colleges and universities can hold responsible parties accountable. We are here to help you understand your options confidentially and on your terms.

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Sexual assault on a college campus is a serious issue, and the harm can be compounded when the institution that should have protected you fails to respond appropriately. Survivors may be discouraged from reporting, steered into an internal process that does not adequately address what happened, or left to continue sharing classes or housing with the person who harmed them.

At The Law Offices of Omar Gastelum & Associates, we represent survivors of sexual assault and abuse involving public and private universities, community colleges, and graduate and professional schools. Whether the assault happened recently or years ago, you may have legal options for seeking justice and financial compensation. Depending on the circumstances, the school itself may also share responsibility.

Key Takeaways

• You may be able to pursue a civil lawsuit against the person who committed the assault and, depending on the circumstances, the college or university.
• A civil lawsuit is separate from a Title IX complaint or criminal case.
• California generally gives adult survivors 10 years from the assault or 3 years from discovering an injury caused by it, whichever is later. Different deadlines and exceptions may apply.
• California’s AB 250 created a temporary revival window through December 31, 2027, for certain older claims involving private entities and an alleged cover-up.
• Claims involving public colleges and universities can be subject to much shorter deadlines.
• Your consultation is free and confidential, and you decide what happens next.

Can You Sue a College or University for Sexual Assault?

Yes, in some circumstances. A survivor may be able to file a civil lawsuit against the person who committed the assault and, depending on the facts, against the college or university itself.

A school may potentially be held responsible when it ignored warning signs, failed to respond appropriately to prior complaints, retained an employee despite known misconduct, or otherwise failed to take reasonable steps to protect students.

A civil case is separate from a criminal prosecution and the school’s internal Title IX process. Depending on the circumstances, you may be able to pursue a civil claim without a criminal conviction or completed Title IX investigation.

How Common Is Sexual Assault on College Campuses?

Sexual assault is a serious problem on college campuses, and many incidents are never reported.

In the Association of American Universities’ 2019 survey of 181,752 students at 33 schools:

• 13% of all students reported experiencing nonconsensual sexual contact by physical force or inability to consent since enrolling.
• About 1 in 4 undergraduate women reported experiencing nonconsensual sexual contact at schools surveyed in both 2015 and 2019.
• 6.9% of undergraduate men reported it.
• 23.1% of transgender, genderqueer and nonbinary undergraduates reported it.

Reporting also remains low. Research from the U.S. Bureau of Justice Statistics found that many rapes and sexual assaults involving female college students ages 18 to 24 were not reported to police.

These statistics underscore how widespread campus sexual assault can be and why survivors should have access to information about their rights and legal options.

What Counts as Sexual Assault or Abuse at a College?

Sexual assault involves sexual contact or conduct without consent. On or around a college campus, it can take many forms, including:

• Rape or attempted rape, including when a student was drugged or too incapacitated to consent
• Assaults at fraternity, sorority, athletic team or off-campus parties
• Assaults in residence halls or student housing
• Dating and relationship violence involving sexual assault
• Abuse by a professor, teaching assistant, coach or advisor who used a position of authority or trust
• Abuse by a campus doctor, athletic trainer or other health care provider
• Hazing involving sexual acts
• Sexual harassment or stalking that escalates into physical abuse

The person responsible may be another student, faculty member, staff member, medical provider or visitor.

Whether the school may also be legally responsible depends on the circumstances, including what it knew, what it reasonably should have known and how it responded.

Consent Is Always Required

California colleges subject to the state’s affirmative-consent requirements must use an affirmative, conscious and voluntary standard for consent, sometimes referred to as “yes means yes.”

Consent cannot be assumed from silence or a lack of resistance. A person who is asleep, unconscious or incapacitated by drugs or alcohol cannot provide valid consent. Consent can be withdrawn at any time, and consenting to one act does not automatically mean consenting to another.

When Is a College or University Legally Responsible?

A college or university may potentially be held responsible when its own actions or failure to act contributed to an assault or caused additional harm.

Depending on the circumstances, grounds for a claim may include:

• Negligent hiring, supervision or retention: Keeping a professor, coach, doctor or other employee in place despite warning signs or complaints.
• Ignoring prior reports: Failing to respond appropriately to previous complaints involving the same person, organization or location.
• Inadequate security: Failing to address known safety problems involving housing, locks, lighting or other campus facilities.
• Failure to address known risks: Failing to respond reasonably to recurring misconduct involving student organizations, events or individuals.
  Title IX violations: In some circumstances, a school’s response to known sexual harassment or assault may give rise to a federal Title IX claim.
• Institutional cover-up: Concealing allegations or evidence of sexual misconduct or otherwise attempting to prevent information from becoming known.

Retaliation following a report may also raise legal issues, including situations involving discipline, loss of educational opportunities or other adverse treatment.

Because institutional liability is highly fact-specific, an attorney can investigate what the school knew, when it knew it and how it responded.

Notable College and University Sexual Abuse Cases

In recent years, survivors have brought claims involving some of the country’s most prominent universities. These cases illustrate the potential scale of institutional sexual abuse claims and the consequences institutions can face when allegations of misconduct are brought to light.

Not every college sexual assault case involves a doctor or employee. Claims can also arise from assaults involving other students, fraternities, athletic programs, residence halls and campus or off-campus events, particularly when an institution allegedly knew about a risk and failed to respond appropriately.

These cases were handled by other law firms and are provided for general informational purposes. Prior results do not guarantee a similar outcome.

How Long Do You Have to File a College Sexual Assault Lawsuit in California?

California generally gives an adult survivor of sexual assault the later of:

• 10 years from the date of the sexual assault, or
• 3 years from the date the survivor discovered or reasonably should have discovered an injury or illness resulting from the assault.

These deadlines are addressed under California Code of Civil Procedure § 340.16.

Different rules apply when the survivor was under 18 at the time of the abuse, and other circumstances can affect the filing deadline.

California’s Revival Window for Certain Older Claims

California’s AB 250 created a temporary revival window for certain adult sexual assault claims that would otherwise be barred by an expired statute of limitations.

Qualifying claims may be filed through December 31, 2027. The law contains specific eligibility requirements, including provisions relating to claims against private entities involving an alleged cover-up. The revival window does not apply to public entities.

If an assault happened years ago, do not assume you no longer have legal options. An attorney can review when the assault occurred, who may be responsible and whether a revival provision or another rule may apply.

Shorter Deadlines Can Apply

Public colleges and universities: Certain claims against public institutions may require a formal government claim to be presented first, sometimes within six months.

Federal Title IX claims: Different filing deadlines may apply depending on the nature of the claim and circumstances.

Deadlines are highly fact-specific. Do not assume your case is too old without first speaking with an attorney.

Title IX Complaint vs. Criminal Case vs. Civil Lawsuit

A Title IX complaint, criminal case and civil lawsuit are three separate paths. Depending on the circumstances, you may be able to pursue more than one.

Evidence developed through a Title IX investigation, such as interview records, communications or information about prior complaints, may also become relevant in a civil case. A school’s response to a report may also be relevant when evaluating whether the institution itself could be legally responsible.

What Compensation Can Campus Sexual Assault Survivors Recover?

No amount of money can undo what happened. A civil case can, however, seek compensation for the financial, physical and emotional consequences of sexual assault.

Depending on the circumstances and defendants involved, damages may include:

• Medical and hospital expenses
• Past and future counseling and therapy
• Emotional distress and pain and suffering
• Lost tuition, fees and scholarships
• Costs associated with transferring schools or relocating
• Lost wages
• Reduced future earning capacity
• Other losses resulting from the assault

Punitive damages may also be available against certain defendants in appropriate cases.

The compensation available depends on the facts, the parties involved and the laws under which the case is brought. We can explain what may be available in your case during your consultation.

Our Approach to College Sexual Assault Cases

At The Law Offices of Omar Gastelum & Associates, we believe in a personalized and client-centered approach. Coming forward is not easy, and no two survivors’ experiences are the same.

We take the time to understand your situation, answer your questions and build a legal strategy around your goals.

We provide a safe and supportive environment from the first call. Your consultation is confidential, and you will not be pressured to take a step you are not ready for. When appropriate, we can discuss options for protecting your privacy during legal proceedings.

Colleges and universities may have teams of attorneys and insurers protecting their interests. Our role is to protect yours. We investigate what happened and handle communications with the institution and other parties while you focus on your health, education and future.

Why Choose Us?

Experienced Attorneys
Our legal team has experience handling sexual abuse claims involving institutions, including schools, churches and public agencies.

Compassionate Support
We treat every survivor with dignity and respect and work at a pace that reflects your needs and goals.

Dedicated Advocacy
We are committed to pursuing accountability and the best possible outcome based on the individual circumstances of your case.

Comprehensive Resources
When appropriate, we work with investigators, medical professionals, therapists and other experts to develop and support our clients’ cases.

Our attorneys speak English, Spanish and Farsi, and consultations are available in person in Whittier or by Zoom.

Take Action Now

If you or a loved one experienced sexual assault or abuse while attending a college or university, there are steps you can take to protect important information and better understand your legal options.

Thorough Case Investigation

We look closely at what happened and what the school knew. This can include reviewing prior complaints, campus security records, Title IX files and the history of the person or organization involved.

Gathering Evidence

We work to identify and preserve relevant evidence, which may include messages, medical and counseling records, witness statements and the school’s internal records.

Assessing Potential Compensation

We evaluate how the assault has affected your health, education, career and future to determine what types of compensation may be available.

Representation Throughout Your Case

If you choose to pursue a claim, we advocate for you throughout the legal process, including settlement negotiations, litigation and, when applicable, appeals or post-trial proceedings.

Steps You Can Take Today

• Write down what you remember, including dates, locations and names.
• Save texts, emails, social media messages and photos.
• Keep copies of medical, counseling or police records.
• Preserve communications from your school, including Title IX or student conduct correspondence.
• Consider speaking with an attorney before signing a release, settlement agreement or confidentiality agreement.
• Be cautious about posting details about the assault or potential legal case on social media.

If you need immediate confidential support, the National Sexual Assault Hotline is available 24/7 at 800-656-HOPE (4673).

Frequently Asked Questions About College Sexual Assault Lawsuits

Can I sue my college if the person who assaulted me was another student?

Potentially. A college may be legally responsible in some student-on-student sexual assault cases, particularly when evidence shows the institution knew about a serious risk or prior misconduct and failed to respond appropriately. Whether the school can be held liable depends on the facts and legal claims involved.

Do I have to report the assault to police or my school before I can file a lawsuit?

Not necessarily. A civil lawsuit does not always require a police report, criminal conviction or completed Title IX complaint. However, reports made to the school or authorities can sometimes become important evidence.

The assault happened years ago. Is it too late?

Not necessarily. California provides extended filing periods for many sexual assault claims, and temporary revival provisions may apply to certain older claims. An attorney can review your timeline and determine which deadlines may apply.

Is it different if I went to a public university like a UC or CSU?

Yes. Claims against public colleges and universities can be subject to special procedural requirements and much shorter deadlines. Certain claims against public entities may require a government claim to be presented within six months, so it is important to seek legal advice promptly.

Can I sue a college in another state?

Possibly. Every state has its own laws and filing deadlines. If the assault occurred outside California, an attorney can review the circumstances and help determine which state’s laws and courts may apply.

Will my name become public if I file a lawsuit?

Not necessarily. Courts may allow sexual assault survivors to proceed using a pseudonym such as “Jane Doe” in some circumstances. An attorney can discuss available privacy protections before anything is filed.

What if I was drinking or using drugs when it happened?

Being under the influence does not automatically mean you consented. A person who is incapacitated may be unable to legally consent to sexual activity. The circumstances surrounding consent should be evaluated carefully.

When Are College Students Most at Risk?

Research has identified the first months of the fall semester, sometimes called the “Red Zone,” as a period of heightened risk for sexual assault on college campuses. However, sexual assault can happen at any time of year and can affect students of any gender.

What is the difference between a Title IX lawyer and a sexual assault lawyer?

A Title IX attorney may advise a student about rights and procedures connected with a school’s Title IX process. A civil sexual assault attorney may pursue legal claims against the person who committed the assault or other legally responsible parties. Depending on the circumstances, these areas can overlap.

How much does it cost to talk to a lawyer?

Your initial consultation with The Law Offices of Omar Gastelum & Associates is free and confidential. We will explain how fees and costs would be handled before you decide whether to move forward.

What happens during a consultation?

You can share as much or as little as you are comfortable discussing. We listen, answer your questions, explain potential legal options and deadlines, and discuss possible next steps. You are under no obligation to pursue a case.

Set Up a Consultation Today

You deserve to be heard and to understand your legal options.

Contact The Law Offices of Omar Gastelum & Associates today for a free, confidential consultation with a college sexual assault attorney. We serve survivors throughout Los Angeles County and California.

Call (562) 692-7000
Email: info@gastelumlaw.com
Zoom Consultations Available

13305 Penn Street, Suite 150
Whittier, CA 90602

Attorney Advertising. The information on this page is for general informational purposes only and is not legal advice. Contacting our firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.