Filing Sexual Abuse and Assault Claims Against Private Schools in Florida

School Sexual Assault Attorneys in Miami, Florida

When parents send their children to private schools, they trust those institutions to provide not only a quality education, but also a safe environment. Unfortunately, that trust is sometimes broken in the most devastating way. Sexual abuse and assault at private schools, religious academies, and other residential programs have caused lifelong trauma for too many students.

If you or your child was abused at a private school or similar institution in Florida, you have legal rights. The law allows you to seek justice through civil action, and our team at Flanagan & Bodenheimer Injury & Wrongful Death Law Firm is here to help you pursue it. Call us at 305-638-4143 or complete our online form for a free consultation. 

Private Schools Have a Legal Duty to Protect Students

Private schools—including faith-based academies, boarding schools, therapeutic programs, and behavioral reform institutions—are entrusted with the care and development of minors, many of whom live on campus full-time and are far from the oversight of their parents. With this immense responsibility comes a clear and enforceable legal duty to protect students from foreseeable harm, including sexual abuse, assault, and other forms of misconduct.

Under Florida law, all institutions responsible for the care of minors must take reasonable measures to ensure a safe, secure environment. When private schools fail to meet this duty, and a student is harmed as a result, the school can be held civilly liable for negligence, even if only one individual directly perpetrated the abuse.  In some circumstances, the school may have a duty to the child for serving in loco parentis – in place of the parents. That would mean that the school would have the same responsibility to the child as if the school was the child’s parents.

Proactive Measures Schools Must Take to Prevent Abuse

A private school’s legal responsibility includes the following essential safeguards:

• Thorough Background Checks: Schools must screen all employees, including teachers, counselors, dorm staff, volunteers, and clergy. This includes checking criminal records, prior employment history, and whether an individual has ever been listed on a child abuse registry or accused of misconduct at another institution.
  
• Training to Identify Grooming Behavior: Staff and faculty should be trained to recognize the signs of grooming, including excessive one-on-one attention, boundary violations, secrecy, favoritism, or emotional manipulation. These red flags often precede physical abuse and must be reported immediately.
  
• Clear Policies and Enforced Boundaries: Schools must establish and enforce clear policies that limit unsupervised access to students, especially in private or secluded settings. This includes proper supervision in dormitories, classrooms, counseling sessions, and during extracurricular activities or off-campus trips.  Many schools have policies that do not permit an adult to have individual access to a minor without the presence of another adult in the room.

• Mandatory Reporting of Suspected Abuse: Under Florida Statutes § 39.201, any school employee who suspects or is aware of abuse is a mandatory reporter and is legally required to report it to the Florida Department of Children and Families (DCF) or law enforcement. Failing to report known or suspected abuse is not only negligent—it can be a criminal offense.
  
• Responding Immediately to Complaints: When a student reports misconduct or abuse, the school must take swift and appropriate action, including separating the alleged abuser from students, initiating an internal investigation, and cooperating with law enforcement. Retaliating against or silencing a student who comes forward is not only unethical—it’s illegal.

In many institutional abuse cases, the harm is not just the result of one individual’s actions, it’s the product of a systemic failure to protect children. Whether through inaction, denial, or a deliberate attempt to protect the school’s reputation, these failures have real, long-term consequences for the victims.

Types of Abuse That May Occur at Private Schools

Abuse at private schools often goes unreported due to fear, manipulation, and institutional cultures that discourage transparency. Students in these environments may feel powerless, isolated, or ashamed, particularly when the abuser holds a position of authority or trust, such as a teacher, coach, counselor, or clergy member. In some cases, victims are explicitly told that no one will believe them, or that speaking out will lead to expulsion, humiliation, or punishment.

There is a range of abuse scenarios in private educational institutions, including:

• Sexual Abuse by Staff: This includes inappropriate touching, forced sexual acts, or coerced interactions perpetrated by teachers, coaches, dorm supervisors, counselors,other staff,  or clergy affiliated with the school. In many cases, these individuals exploit their authority to gain trust and access to vulnerable students.
  
• Grooming Disguised as Mentorship or Counseling: Abusers may build emotional closeness with students under the guise of mentorship, academic support, or spiritual guidance. They often isolate the student, cross personal boundaries, and gradually introduce inappropriate conversations or behaviors before the abuse becomes physical.
  
• Peer-on-Peer Assault: In boarding schools and residential programs, a lack of supervision or accountability can create environments where older students or roommates engage in sexual misconduct or assault. When schools fail to intervene or respond appropriately, they may be held responsible for the harm caused.
  
• Abuse During Private Sessions or Off-Campus Trips: One-on-one time with staff, such as tutoring, counseling, or off-site spiritual retreats, can become opportunities for abuse when no safeguards are in place. Many survivors report abuse occurring during transportation, overnight stays, or unsupervised meetings.
  
• Cover-Ups and Institutional Inaction: Some schools fail to take student reports seriously or actively suppress them to protect the institution’s image. Administrators may minimize complaints, avoid investigations, or move the accused to another department or campus without addressing the misconduct.
  

Unfortunately, many survivors are manipulated into believing the abuse was their fault or are taught that challenging authority is a sign of weakness or disobedience. In institutions that prioritize their reputation, religious mission, or long-standing traditions, students may be pressured to stay silent, dismissed when they speak up, or retaliated against for coming forward

Who Can Be Held Liable in a School Abuse Case?

When abuse happens within a school, the abuser is not the only party who can be held accountable. Institutions, administrators, and affiliated organizations may also be civilly liable, especially when they failed to implement proper safety measures or ignored warning signs.

In a school abuse case, potential defendants may include:

• The Private School or Organization: The school itself may be held liable for negligent hiring, inadequate supervision, lack of training, or failure to respond appropriately to reports of abuse. This includes both day schools and residential institutions.
• School Administrators: Principals, deans, dorm leaders, and other school officials who failed to act on complaints, covered up misconduct, or failed to report suspected abuse, as required by Florida’s mandatory reporting laws, can be named in a lawsuit.
• The Governing Body or Church Affiliation: Many private schools are operated or overseen by churches, religious orders, or national nonprofit organizations. These entities may share liability if they created policies that enabled abuse or failed to investigate institutional misconduct across multiple campuses.
• Third Parties: Any outside individuals or organizations who were involved in the abuse or its concealment, such as transportation contractors, counseling providers, or affiliated ministries, can also be held accountable if their actions or negligence contributed to the harm.
• The Abuser:  Generally, there will be claim against the individual abuser.  There may also be simultaneous criminal proceedings brought against the abuser by the state.  In some circumstances, there may be no insurance coverage for intentional acts of abuse committed by the abuser.
  

Florida law holds institutions accountable not only for what they knew, but also for what they should have known. If there were credible complaints in the past, patterns of boundary violations, or staff members who were transferred without explanation, those facts can demonstrate that the institution failed to prevent foreseeable harm.  In addition, in some cases the institution may be held vicariously liable for the negligent and/or intentional acts of the abuser.

In many cases, abuse is not an isolated incident but a symptom of a broader systemic failure, where a school prioritized secrecy, image, or tradition over student safety. Our job is to expose those failures and fight for justice on behalf of the survivors who were silenced for far too long.

What Damages Can Be Recovered in a Civil Abuse Claim?

While no financial amount can undo the trauma, civil lawsuits can provide compensation for:

• Medical expenses and therapy
  
• Emotional distress and mental anguish
  
• Loss of educational or developmental opportunities
  
• Relocation or tuition for a new school
  
• Pain and suffering
  
• Punitive damages, in extreme cases of negligence or cover-ups

Additionally, lawsuits can help force institutions to implement better safety measures and protect future students from similar harm.

Free Consultation With a Florida Sexual Assault Attorney

At Flanagan & Bodenheimer, we understand that speaking up takes immense courage. Survivors often feel guilt, shame, fear, or confusion, especially when the abuse happened in a place that claimed to nurture and protect them.

We offer:

• Free, confidential consultations
  
• Trauma-informed representation
  
• Anonymous filings whenever possible
  
• No fees unless we win your case
  

Our team is currently handling high-profile abuse cases involving private, faith-based residential schools, and our attorney Zachary Bodenheimer was recently featured on the news for representing survivors in these matters. We are proud to stand with victims and their families in their pursuit of justice.

If you or your child was abused at a private school in Florida, we encourage you to reach out. You are not alone, and you deserve to be heard. Call us at 305-638-4143 or complete our online form for a free consultation.