Hialeah High School Teacher Arrested for Alleged Sexual Abuse: Can the School Be Held Liable?

The arrest of a longtime teacher at Hialeah Senior High School has shocked students, parents, and the broader South Florida community. Misael Gonzalez, a 55-year-old English teacher, was arrested this week on multiple charges, including lewd and lascivious battery and molestation, stemming from an alleged sexual relationship with a 15-year-old student in his class.

According to police reports, the inappropriate relationship allegedly began in September 2024 and continued into early 2025, with numerous encounters taking place on school grounds. Miami-Dade Schools Police launched the investigation after students reportedly began discussing the allegations among themselves, prompting a school resource officer to take action.

While the criminal justice system will address the teacher’s conduct, many families are now asking a critical question:

Can the school or school district be held liable in a civil lawsuit?

Understanding Institutional Liability in School Sexual Abuse Cases

In cases where a teacher is accused of sexually abusing a student, civil liability does not stop with the perpetrator. School districts, administrators, and staff may also be held accountable if their negligence contributed to the abuse or allowed it to continue. Here are key legal principles that may apply in a civil case:

1. Failure to Supervise or Monitor

If the school failed to adequately supervise the teacher or allowed unsupervised access to students, particularly in classrooms, offices, or other private areas, this could constitute negligence. The arrest report notes that some of the sexual acts allegedly occurred on campus, which raises serious concerns about inadequate oversight.

2. Failure to Act on Warning Signs

Multiple students have since commented that the teacher “was nicer to the girls” and that some students were suspicious of his behavior. If school staff observed or received complaints suggesting boundary-crossing behavior but failed to investigate or report it, they may have breached their mandatory reporting obligations under Florida law.

3. Inadequate Training or Policies

School districts have a duty to properly train employees on appropriate conduct, recognize grooming behaviors, and implement safeguards to prevent abuse. If the district failed to implement or enforce such policies, it may be held liable for institutional negligence.

4. Negligent Hiring or Retention

Although this is reportedly the first complaint against Gonzalez, a thorough review of his background and any previous incidents, formal or informal, may be relevant. If red flags existed and were ignored, the district could face claims of negligent hiring or retention.

Civil vs. Criminal Proceedings: What’s the Difference?

While Gonzalez now faces criminal charges that could result in imprisonment, a civil lawsuit is a separate legal process initiated by the victim or their family. Civil cases seek financial compensation for damages such as:

• Medical and psychological treatment
• Pain and suffering
• Emotional distress
• Loss of educational opportunities
• Future care needs

In cases involving public schools, civil claims may be brought against the school district or Miami-Dade County Public Schools if negligence can be proven. Under Florida law, special notice and procedural rules apply when filing claims against government entities, which makes early legal consultation essential.

Do Public Schools Have Immunity From Lawsuits in Florida?

One of the most common questions that arises in civil cases involving public schools is whether the school district is immune from being sued. The answer is yes, but with important limitations.

Florida law generally provides sovereign immunity to government entities, including public school districts, meaning they are protected from certain types of lawsuits. However, Florida Statutes § 768.28 carves out exceptions that allow individuals to pursue claims against government entities under specific circumstances—including cases involving negligence.

This means that public schools can be sued if a school employee’s negligent actions, such as failing to report suspected abuse or failing to properly supervise staff, result in harm to a student.

Limitations on Lawsuits Against Public Schools in Florida

There are, however, several important restrictions to keep in mind when filing a claim against a public school district in Florida:

• Monetary Caps: Damages in lawsuits against public entities are capped at $200,000 per individual and $300,000 per incident, regardless of how many victims are involved. To recover more than these limits, the Florida Legislature must pass a claims bill, which is rare and highly political.
• Notice Requirements: Before filing a lawsuit, the claimant must provide written notice to the appropriate government agency and the Florida Department of Financial Services. No lawsuit can be filed until 180 days after notice is provided, during which the agency may investigate the claim.
• Intentional Acts May Be Excluded: Florida’s sovereign immunity law generally does not cover intentional misconduct, like sexual abuse. However, a school district can still be held liable if it was negligent in preventing that abuse, such as ignoring warning signs or failing to act on prior complaints.

While public schools in Florida do enjoy some protections from civil lawsuits, they are not immune from accountability when their negligence contributes to the harm of a student. Survivors and families can, and often do, bring successful claims against school districts, especially when staff or administrators failed to act in the face of red flags.

Miami-Dade County Public Schools has already issued a statement condemning the allegations and confirming that termination proceedings have begun. While the district’s swift action is commendable, the investigation may reveal whether prior warning signs were missed and whether more could have been done to protect students.

As the legal process unfolds, our thoughts are with the student involved and all families affected by this disturbing case. It’s a reminder of the importance of vigilance, transparency, and the collective responsibility we all share in safeguarding children and teens in our schools.