Boarding School Abuse: Who is Liable and When?

Nov 1, 2022 | Sexual Abuse

In recent years, boarding school abuse cases have made headlines across Missouri and the U.S., shedding light on how an improperly ran boarding school can create an environment where abuse occurs. The children and young adults sent to these schools often struggle with behavioral and other challenges that should be properly addressed, not dealt with in an abusive manner. The students who experience abuse in these facilities often battle lifelong struggles with PTSD, trauma, depression, anxiety, night terrors, drug addiction and more.

What does abuse look like at a boarding school?

Abuse within a boarding school can be committed by a staff member or another student when improperly supervised. Types of abuse can include both physical and sexual:

Physical

Physical abuse can include:

  • Harmful physical contact
  • Lack of nutrition and water
  • Forced labor
  • Unreasonable workouts
  • Verbal abuse
  • Harassing or hazing behavior
  • Unreasonable and harmful physical restraints

Sexual

In a very general sense, sexual abuse is sexual contact that is unwanted and is non-consensual. To prevent sexual abuse from occurring, procedures and policies should be in place, as well as proper staff-to-student ratios, to ensure staff and students are properly supervised.

When is a boarding school held liable?

A boarding school can be held liable for abuse when the organization inadequately supervises their staff and students leading to situations of harassment, physical assault, sexual assault or inappropriate contact. This can mean the negligent supervision of children and negligent hiring and retention of employees. Many of the students sent to boarding schools struggle with mental and/or behavioral issues. Boarding schools and residential facilities have an added layer of responsibility to implement proper procedures, policies and in-depth training to properly care for their students, as well as careful monitoring of their staff and students.

Failure to adequately vet and train staff can lead to the harming of children amounting to child abuse. Like other industries where adults that are trusted with a position of power over children, perpetrators can obtain jobs that put them in direct supervision of children. In-depth background checks prior to hiring staff members should be required.

Most boarding schools are “no touch” schools, meaning staff is not allowed to physically touch a student unless that student is in danger of harming him or herself or others. When a staff member does need to intervene physically, proper procedures and protocol must be followed to keep the student and staff members safe.

What to do if you or a loved one has experienced abuse at a boarding school

If you or a loved one has experienced abuse while attending a boarding or residential school, it’s important to report that abuse to authorities and seek medical help as soon as possible. Local law enforcement and prosecutors can investigate to see whether any behavior rose to the level of violating state or federal statutes. If so, the perpetrators could be charged with crimes prosecuted. Additionally, victims and survivors have the opportunity to seek justice for the pain and suffering they endured.

Through a civil claim and by hiring a personal injury attorney, victims and survivors can seek monetary justice to help them with their journey to healing. Our team of compassionate, experienced attorneys are committed to holding perpetrators accountable and helping those who have been abused have their voices heard. We’re here to help and navigate the legal process alongside you.

Reed Martens

Reed Martens

Position: Shareholder

Office: Kansas City

Reed Martens is a skilled trial attorney and relentless advocate for victims of sexual abuse and personal injury. His ability to secure favorable verdicts and settlements has made him a trusted name in the courtroom, where he has successfully tried cases as both lead and co-counsel.

*This blog post is provided for informational purposes only and does not constitute legal advice or create an attorney–client relationship. While Monsees & Mayer strives to ensure the accuracy of the information presented, laws and legal interpretations are subject to change. Content on this site may not always reflect the most current legal developments. For advice regarding your specific situation, please contact Monsees & Mayer directly.

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Witness Statements As Critical Evidence

Witness statements provide crucial evidence to support claims of sexual abuse. They help establish a timeline of events, reveal details about the abuse, and identify potential suspects. However, witness testimony must be carefully evaluated for accuracy and reliability.

Interviewing witnesses promptly after the alleged abuse is reported maximizes the chance of obtaining an accurate statement. As time passes, memories can fade or become distorted. Witnesses should be interviewed separately to avoid influencing each other’s recollections.

Look for witnesses who were present around the time of the alleged abuse and may have observed interactions between the victim and suspect or noticed signs of distress. Teachers, caregivers, family members or neighbors are examples. Their statements can corroborate the victim’s account and provide additional details.

Evaluate witness credibility by considering factors like:
  • Their relationship to the victim and suspect. Unbiased third parties may provide more objective testimony.
  • Consistency of statements over time. Contradictions may indicate unreliability.
  • Vested interests that could motivate false testimony. Look for witnesses with no obvious agenda.
  • Their opportunity to observe relevant events. Statements from those frequently with the victim and suspect are more credible.
  • Age, mental state, sobriety and other factors that could impact perception or memory.

Compare witness statements to look for both consistencies and inconsistencies in the details. Consistencies increase reliability while inconsistencies should be explored further. Witness testimony, combined with other evidence like medical reports, can provide persuasive support for claims of abuse. However, no single piece of evidence should be viewed as definitive proof. A preponderance of consistent and collaborative evidence is needed to substantiate such serious allegations.

How Cell Phone Data Can Provide Crucial Proof

Digital evidence from cell phones should be interpreted carefully, as there are limitations. Data can be imprecise or misleading, and records may be unavailable or incomplete. However, when used properly, cell phone data provides an objective, factual record that supports or refutes claims made by involved parties. In sexual abuse claims where evidence is often scarce, cell phone data can make a critical difference. By triangulating data from multiple sources, investigators can build a compelling timeline of events to support charges and secure a conviction.

Call Detail Records

Call detail records (CDRs) provide the date, time and duration of calls and messages. CDRs are useful for establishing communication patterns between individuals, especially around the time of the alleged offense. An abrupt change in calling behavior could indicate a significant event occurred. CDRs may also reveal the locations of the cell towers accessed during a call, providing further location details.

Cell Towers

Cell phones constantly transmit data to cell towers, which creates digital records that provide location information. This data, obtained through a search warrant, can reveal where individuals were during key points in time.

Cell Site Location Information

Cell site location information (CSLI) pinpoints which cell tower was accessed by a phone at a given date and time. Although not precise, CSLI can narrow down someone’s location to a few city blocks. By analyzing records over time, investigators can track the general path a person traveled. CSLI is often used to corroborate or challenge statements made by victims, witnesses or suspects regarding their whereabouts.

Precision Location Information

More advanced technologies like precision location information (PLI) rely on GPS and Wi-Fi to identify a phone’s location within a few meters. PLI produces a nearly minute-by-minute account of where a phone has been, providing critical evidence for timelines of events. However, legal access to PLI typically requires a search warrant due to privacy concerns.

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Difference Between a Civil and Criminal Sexual Abuse Case

There is a difference between a criminal and civil liability case within the justice system. Criminal liability is brought against an individual(s) by the state or federal government in order to protect society, while civil liability is all about the survivor. The attorneys at Monsees & Mayer, P.C. advocate exclusively for survivors.

Criminal Courts

The criminal courts are entirely about the criminal; in this case, the sexual abuser. Cases are handled by a prosecuting attorney, and the purpose of the proceedings is to impose fines or prison sentences upon the abuser.

While some restitution or financial compensation may be awarded to the survivor, the criminal courts are a poor avenue through which to pursue it. This is because the purpose of criminal courts is to protect society as a whole, rather than advocate for individuals’ rights.

The criminal system’s standard of proof is “beyond a reasonable doubt”; in other words, an individual can only be convicted of a crime if the jury is certain the abuser is guilty. Because of this, there are many morally culpable people who escape criminal liability because of this doubt in proof.

Civil Courts

The civil justice system is all about helping sexual assault survivors. Cases are handled by civil attorneys, and the purpose is to obtain compensation for the survivors of sexual abuse. The survivor can seek compensation for the damages they incurred as a result of the sexual abuse: depression, loss of self-esteem or relationships, post-traumatic stress disorder (PTSD), lost income and earnings capacity, medical expenses, and frequently, a lifetime of emotional distress.

The civil system’s standard of proof is relaxed compared to that of the criminal side. The survivor must prove their case by a “preponderance of the evidence.”  In simpler terms, the jury must “believe” the survivor’s case is more likely true than not; the scales must be tipped slightly in their favor. Therefore, even if an abuser escapes punishment in the criminal courts, they can still be punished within the civil court system.

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