How to Establish Institutional Liability for Sexual Abuse
What should you consider when trying to prove institutional liability in cases of sexual abuse? Here are four questions to answer during your investigation.
Did the organization fail to properly screen the employee?If the perpetrator has previous issues and the organization did not properly screen the employee with background checks and consultations with former employers, they could be liable for the abuse.
Did the organization fail to properly supervise the employee?In many cases of school abuse, the perpetrator was not appropriately supervised by their superiors creating an environment conducive to abuse.
Did the organization ignore red flags?Did other employees report suspicious? Did other parents complain of inappropriate behavior or red flags? If so, this could prove liability. In a recent case, school officials did not respond to red flags reported by fellow teachers. This could have prevented the abuse from continuing. In this case, the organization was found liable.
Did the organization fail to properly report the suspected abuse?Was the abuse reported to authorities in the appropriate time and manner? This is especially important in the case of multiple victims because the appropriate reporting of abuse may have prevented further abuse.