There is no denying that children in impoverished areas are disadvantaged when it comes to academic performance. Schools are typically underfunded and struggle to provide enrichment opportunities to students that need it the most. The 21st Century Community Learning Centers program was created by the federal government to address this problem. Each state receives money from the program to invest in before-school, after-school, and/or summer activities that offer tutoring, mentoring, and various youth development activities.
When the programs are run well, they provide students with education on a wide array of topics while boosting grades and self-confidence. But some program administrators and instructors do not have a student’s best interest in mind. Instead, they seek to prey on children who rely on them for the extra attention they may not be getting at home or in their classroom. This weakness is often exploited in the form of sexual abuse, which can damage the victim for the rest of their lives.
If you or your child was sexually assaulted at a 21st Century Community Learning Center, help is available to help you deal with the trauma of your abuse. Victims can also take legal action against the liable parties in the form of a civil lawsuit. However, there is a limited amount of time to sue for the physical and emotional damages of childhood sexual abuse. So please give us a call and learn about your legal options from one of our attorneys.
What is a 21st Century Community Learning Center?
The name of the program implies that there are brick and mortar community centers that students can go to. In reality, these programs take place inside the school, like in the gym or cafeteria before or after the school day. Programs can also take place in the summer, when the entire building is available for day camps and other programs designed to help working parents.
Each of these programs is responsible for setting up their own curriculum, though there are standards they must meet according to federal and state guidelines. Additionally, they can partner with private organizations such as Boy Scouts of America, Girl Scouts of the USA, and Big Brother Big Sisters of America. This is a great method of providing all sorts of activities that can enrich a student’s life. On the other hand, there are lots of adults floating in and out of the program at all times. To ensure that children are with safe, responsible adults, precautionary measures must be place at all times. Thorough background checks is one of these precautions, as well as training on how to recognize the signs of abuse. When these measures are not in place, children can be easily manipulated for the purpose of sexual gratification.
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Types of Sexual Abuse at 21st Century Community Learning Centers
Some forms of sexual abuse are obvious, but others can take place for long periods of time before someone finds out what’s going on. Below are some common types of sexual abuse that can occur at a 21st Century Community Learning Center:
- Rape
- Molestation
- Child grooming
- Sexting
- Exposing oneself or masturbating in front of a minor
- Sharing sexual images / videos with a minor
- Sexual trafficking
One reason abusers get away with their crimes is the child’s reluctance to “snitch” on them. These children may not be getting the love and support they need at home, and thus, they’re afraid to lose the one adult who appears to really care about them. Another reason is negligence by other adults in their lives, who may have dismissed claims of abuse or deliberately concealed abuse reports for their own interests. As mandated reporters in the state of California, these are illegal acts that can result in criminal penalties. Concealment of sexual abuse by mandated reporters can also be the basis of a lawsuit for childhood sexual abuse.
California’s Laws Concerning Mandated Reporters
Professionals that work directly with children are legally obligated to report incidents of abuse and neglect. They must also report suspicions of abuse, which they are trained to recognize. The incident or suspected incident must be reported within 36 hours of discovery. Mandated reporters include teachers, school officials, after school workers, youth program volunteers, social workers, doctors and nurses, and many other people.
Some of these workers stay silent out of fear that the abuser will retaliate against them. However, the identity of informants must be kept confidential according to California law, so retaliation cannot be used as an excuse. Furthermore, these individuals have committed themselves to protecting the students they serve, which includes mandatory reporting of sexual abuse. But even if you are not a mandated reporter, you should call the police or your county Child Protective Services if you spot the signs of child sexual abuse. Making that call can save the child from further trauma and ensure that justice is served for the harm they’ve suffered.
Can I sue for Sexual Abuse at a 21st Century Community Learning Centers Program?
Yes, you can sue for monetary compensation if you were a victim of sexual assault by a 21st Century Community Learning Centers worker. However, lawsuits involving school districts and educational programs are complicated, so you will need to speak with an experienced personal injury lawyer right away. Educational institutions enjoy a certain degree of immunity from lawsuits, so your compensation claim will have to go through the procedures set forth by the school district. Typically, you will file an injury claim with the school, which will investigate your complaint and either reject your claim or make you a settlement offer.
This amount is usually lower than what you asked for, so you can choose to accept it or negotiate for a more favorable settlement. If your claim is rejected or you can’t agree on a fair amount of compensation, you can file a lawsuit against the school and any other responsible parties. A lawsuit in the California civil courts must satisfy the following conditions:
- Duty
They party you are suing had a duty of care to ensure your safety.
- Breach
The defendant breached that duty by failing to protect you from sexual abuse in one or more ways. For example, they failed to conduct proper background checks, failed to report incidents of abuse, or allowed the suspected perpetrator to continue working in the program.
- Causation
That breach of duty caused you harm in the form of sexual abuse, which would not have happened had the school taken the necessary steps.
- Damages
The sexual abuse resulted in physical and/or mental injuries, for which you deserve monetary compensation.
As you can see, there’s a lot of work to be done in a lawsuit for sexual abuse by a school program instructor or worker. An attorney’s guidance is critical for a successful outcome in these cases. If you or a family member was sexually abused during your time at a 21st Century Learning Center Program, contact the lawyers of Normandie and let us fight for your rights.
California’s Rules for Triple Damages in a Lawsuit for Childhood Sexual Abuse
We’ve talked about mandated reporters and the obligation they have to report incidents of sexual assault, grooming, molestation, or any other type of sexual abuse. Understandably, many of these people go to their supervisors, like the principle or program coordinator, before they call the authorities. Some of these officials are more worried about the program’s reputation or keeping their jobs than they are about the child’s welfare. As a result, they hide or falsify reports of sexual abuse, thereby enabling the abuser to continue their crimes.
If we are able to prove that the school deliberately concealed reports or evidence of sexual abuse, the victim may be eligible to receive treble damages. This means a victim will be awarded three times the amount of compensation they normally would have received, which is a powerful statement against institutions that put profits and image over the welfare of children. This is a protection guaranteed under California’s Assembly Bill 218 (AB 218). Thankfully, California is very progressive when it comes to the welfare of children, but it’s still an uphill battle to hold educational programs responsible in cases of child sexual abuse. We are here for you or your child during this difficult time and will not rest until you are adequately compensated for your losses.
Legal Representation for Sexual Abuse Victims
Programs like 21st Century Learning Centers have good intentions, but they can be taken advantage of by bad actors whose goal is to exploit children for their own needs. The betrayal is even worse when administrators and other adults ignore the warning signs or blatant cries for help. This is particularly outrageous when the program is meant to serve inner-city and rural areas, where many students are deprived of a quality education. But victims have rights, including the option to seek monetary damages from the responsible parties. We know that money can’t undo a victim’s trauma, but it can certainly help with the costs of recovery, like medical bills and therapy sessions. It can also be empowering for victims to take legal action against the institutions that have failed them.
Your journey to recovery won’t be easy, but your chances for a successful lawsuit depend on high-quality legal representation. With our Zero fee guarantee, you can retain one of our attorneys with no upfront costs, since our law firm works on contingency. Our fees are included in your lawsuit and will be paid for by the defendant as part of your settlement award. And if we don’t win your case, you pay us nothing as a part of our Zero fee guarantee. This way, there is never any risk to your finances when you choose the lawyers of Normandie.
We look forward to seeing you and doing everything we can to bring you the justice you deserve.
Other Pages on Our Website Related to This Topic
Foster Care Sexual Abuse Lawsuit Attorney
Big Brothers Big Sisters Program Sexual Abuse Lawsuits
