Title IX Lawsuits: Holding Schools Accountable for Sexual Abuse

Feb 14, 2025 | Sexual Abuse

Understanding A Title IX Lawsuit

Title IX of the Educational Amendment of 1972

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance” 20 U.S.C. § 1681(a).  Title IX protects students from sexual harassment or violence and imposes liability on schools under certain situations.  In general, a school can be held liable under Title IX if it is (1) an education institution receiving federal funds, (2) had notice or knowledge of acts of sexual abuse, (3) that were sufficiently severe or pervasive to create a hostile (or abusive) environment, and (4) the institution was deliberately indifferent in response to such knowledge. 

Oftentimes, when a student is sexually abused by a teacher, one of the biggest obstacles is the notice or knowledge requirement.  The Supreme Court has refused to impose Title IX liability in situations where the school district failed to react to teacher-student harassment of which it should have known. The standard, instead, requires that the school have actual knowledge of acts of sexual abuse, which raises questions such as:

Who at the school must have knowledge?
  • An official of the school district who, at minimum, has authority to institute corrective measures, must have actual notice.  In most circumstances, school principals and superintendents are considered appropriate persons in the title IX analysis.
  • Some federal cases indicate that a teacher or guidance counselor may not be sufficient.
    Who constitutes notice or knowledge?
    • This analysis is done on a case-by-case basis, so it is important you contact a sexual abuse lawyer experienced in litigating civil Title IX claims. 
    • In one case, a principal being notified that a teacher was in a sexual relationship with a student combined with knowledge of other inappropriate conduct, was enough to meet the threshold. 
    • Showing that the perpetrator had a prior history at the school of inappropriate conduct with other students could also be enough. 

    Title IX Lawsuit vs. Missouri Human Rights Act (MHRA) Claim

    When seeking justice for school sexual abuse, you may have multiple legal avenues available. Two key options to consider are filing a Title IX lawsuit or pursuing a claim under the Missouri Human Rights Act (MHRA). Understanding the differences between these approaches can help you make an informed decision about how to proceed.

    Title IX Lawsuit

    A Title IX lawsuit specifically addresses sex-based discrimination in educational settings. If you’re considering this option, it’s crucial to consult with a school sexual abuse lawyer who specializes in Title IX cases. These lawsuits can be powerful tools for holding institutions accountable for failing to prevent or adequately respond to sexual abuse.

    Key aspects of Title IX lawsuits include:

    • Federal jurisdiction
    • Focus on educational institutions
    • Potential for significant damages and policy changes

    MHRA Claim

    The Missouri Human Rights Act is a state statute that also imposes liability on schools under certain conditions. Claims brought under MHRA may or may not have caps on recovery depending on the number of employees the school has.  The notice requirement, however, is a lower standard than the “actual knowledge” requirement discussed above for Title IX.  The notice requirement for claims brought under MHRA is “constructive knowledge”.  This can sometimes be described as requiring that the school knew, or should have known, of sexual abuse. This notice requirement is a very important element of the case, and it is critical that you speak with an experienced school sexual abuse lawyer who is familiar with bringing civil claims of sexual abuse under the MHRA.  

    MHRA claims offer:

    • State-level protections
    • Wider applicability beyond educational settings
    • Potential for compensatory and punitive damages, as well as recovery of attorney fees.

    Your choice between a Title IX lawsuit and an MHRA claim will depend on the specific circumstances of your case and your desired outcomes. Consulting with an experienced school sexual abuse attorney can help you navigate these complex legal options and pursue the most effective path to justice. 

    Bobby Thrasher

    Bobby Thrasher

    Position: Shareholder

    Office: Kansas City

    Robert (“Bobby”) Thrasher is a skilled trial attorney and fierce advocate for victims of sexual abuse, motor vehicle accidents, wrongful death, and other personal injury cases. With a track record of securing major jury verdicts and favorable settlements, he is known for his strategic litigation approach and relentless pursuit of justice. Each year since 2019, he has been recognized as a Super Lawyers Rising Star, a distinction awarded to the top 2.5% of attorneys in Missouri and Kansas.

    *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.

    Our Proven Results

    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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