Legal Question in Civil Rights Law in Colorado

Elementary School and inaction

My daughter was touched inappropriately by another student, the school chose to ignore this and not contact either parent as well as tell her she was tattling when she tried to get help from a teacher. Now the school district is not allowing her to enroll in a different school, is there anything i can do legally?

Asked on 4/17/07, 6:27 pm

1 Answer from Attorneys

Philip Rosmarin Rosmarin Law Firm

Re: Elementary School and inaction

Depending on the facts and the precise nature of the inappropriate touching, you may be able to get a court order requiring the district to relocate either your child or the offending child.

More serious, if accurate, is the teacher's failure to protect your child, and actual encouragement, it seems to me, of future inappropriate touching, because of sending the message that your daughter should just shut up and take it.

The teacher may be open to a charge of accessory after the fact to child abuse, or to child endangerment. The district leaves itself open to a lawsuit if the behavior is repeated and nothing was done.

Your description of the teacher's and administrator's response seems unusually callous. If anything, districts have been erring on the side of immediate action against the offender, sometimes disciplining for completely innocent acts.

Before you take action with any of the above, I would suggest you or your attorney make it absolutely clear to the district that if they don't take immediate steps to protect your daughter, you will ask the court to do it for them.

Good luck.

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Answered on 4/17/07, 10:27 pm

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