Holding Private Schools Accountable for Sexual Abuse in Texas

When a teacher or faculty member sexually abuses a student, one would expect the school to be held accountable—especially if there were warning signs or ignored reports. In Texas, however, public schools are provided an unconscionable level of immunity that can make legal action against them extremely difficult. Private schools, by contrast, do not benefit from the same broad legal protections and it is still possible hold them responsible for the improper hiring and retention of employees who are involved in sexual abuse in private schools.

Sexual Abuse in Texas Schools

Schools should provide a secure environment where young people can learn, grow, and develop confidence. Families trust teachers, administrators, and other staff to guard their children against harm. Unfortunately, sexual abuse within educational settings continues to be a serious issue, and when such abuse happens, it is often a sign that the school’s protective measures have failed. Survivors of school-related abuse—and their families—may have legal avenues to seek justice and demand accountability from both the perpetrator and the institution.

Taking the step to come forward can be emotionally overwhelming, yet the law does offer ways to pursue justice through civil claims, criminal charges, and institutional reforms. Understanding the nature of sexual abuse in schools is an essential first step. This form of abuse can be carried out by individuals in positions of authority—such as teachers, coaches, or other staff—or even by fellow students. In many cases, abusers manipulate their power or exploit a child’s trust, which makes it difficult for victims to speak out right away.

Understanding Grooming in Schools

Grooming is a manipulative process used by predators to gain access to a victim, build trust, and ultimately commit abuse while reducing the risk of being caught. This behavior can occur in schools, extracurricular activities, and online, often involving trusted adults such as teachers, coaches, or mentors.

How Grooming Happens

Grooming typically follows a pattern, making it essential to recognize the warning signs early. The process often includes the following stages:

1. Victim Selection

Abusers carefully choose their victims based on their perceived vulnerability or ease of access. They may observe students and identify those who seem isolated, trusting, or in need of attention.

2. Gaining Access and Isolation

To establish control, predators work to separate the victim from protective influences, such as parents, teachers, or friends. They may offer special treatment, private meetings, or extra help to create opportunities for one-on-one interactions.

3. Building Trust and Keeping Secrets

Abusers manipulate victims by offering gifts, giving excessive attention, and creating a sense of special friendship. They often introduce secrecy, encouraging the child to hide details of their relationship from others.

4. Desensitization to Physical Contact and Sexual Topics

What may start as seemingly innocent physical contact—such as hugs, playful wrestling, or back rubs—can escalate into inappropriate touching. Abusers may also introduce discussions about sexual topics, share explicit content, or test boundaries to make the victim more accepting of sexual behavior.

5. Normalizing Abuse

The predator may attempt to make their behavior seem natural to avoid suspicion. Teens, in particular, may struggle to recognize grooming tactics, especially if they involve secrecy, manipulation, or emotional dependence.

Grooming the Family and Community

Groomers do not just target the victim—they often gain the trust of families and communities to reduce suspicion. They may appear helpful, kind, and trustworthy, making it harder for others to believe a child if they report inappropriate behavior.

While most adults involved in a child’s life are well-intentioned, it is important to be aware that grooming can take place in even the safest-seeming environments. Parents should remain engaged in their child’s activities and relationships, encouraging open communication about personal boundaries.

Online Grooming

Predators can also groom victims online, often by posing as children or teens to build trust. They may attempt to gain personal information, send explicit content, or pressure the child into secretive conversations. Parents and educators should teach children about online safety and encourage open discussions about their digital interactions.

Preventing Grooming and Protecting Children

• Encourage open conversations with children about personal boundaries and safe relationships.
• Be cautious of adults who insist on spending excessive one-on-one time with a child.
• Monitor online activity and educate children about online grooming tactics.
• Teach children that they can say “no” to any behavior that makes them uncomfortable.
• Trust your instincts—if an adult’s behavior feels inappropriate, take action and report concerns.

The Unconscionable Protections for Public Schools

There are a number of ways public schools and school districts are protected from bring held responsible in Texas.

Governmental Immunity

Texas public schools are generally shielded by governmental immunity, meaning they cannot be sued for most claims unless the legislature has specifically allowed it. This protection extends to negligence-based lawsuits—such as those alleging negligent hiring, training, or supervision of an abusive employee.

Strict Title IX Requirements

Because of immunity, families seeking to hold a public school responsible for a teacher’s sexual abuse typically rely on Title IX of the Education Amendments of 1972. Title IX prohibits sex-based discrimination in any education program receiving federal funds, which includes most public schools. However, courts have set a high bar for these cases:

Actual Knowledge

A school official with authority to correct the problem—often a superintendent or a high-level administrator—must have actual knowledge of the abuse or harassment.

Deliberate Indifference

The school’s response must be shown to be so unreasonable that it amounts to deliberate indifference. In other words, it is not enough that the school handled the situation poorly; you must prove they essentially ignored it or failed to act in a way any reasonable institution would.

Severe, Pervasive, and Objectively Offensive

The harassment or assault must be serious and must effectively deprive the victim of educational opportunities. While sexual assault by a teacher clearly meets this threshold of harm, courts still focus heavily on whether top-level officials knew or should have known.

Protection for Public Schools on Appeal

Even when victims win at trial, these cases may be overturned on appeal if the appellate court rules that the district did not meet Title IX’s actual-knowledge requirement. This happened in a high-profile lawsuit involving South San Antonio ISD, where a vice principal allegedly abused a student. A trial court initially awarded $5 million, but the Fifth Circuit reversed it because knowledge by the vice principal himself was not enough to show the district had actual notice.

A 2021 Supreme Court decision, Cummings v. Premier Rehab Keller, P.L.L.C., may further limit the damages awarded under Title IX. Because Title IX is enacted under the Constitution’s Spending Clause, some courts now say that victims cannot recover emotional distress damages—often the biggest component of harm in child sexual abuse cases.

Holding Private Schools Responsible for Sexual Abuse

Private schools do not have the same broad legal protections as public schools. Families can bring standard negligence claims—such as negligent hiring or supervision—without dealing with governmental immunity or strict Title IX standards. This often provides more opportunities to hold private schools accountable.

For example, if a school fails to supervise its employees or properly screen new hires, families may file negligence claims. These claims can lead to compensation for injuries, emotional distress, and other damages. The ability to hold private schools directly liable encourages them to maintain higher safety standards.

Thousands of Texas Parents Entrust Their Children to Private Schools

Thousands of Texas parents entrust their children to private schools, believing they are providing a safe and nurturing environment for their education and growth. When that trust is broken due to negligence or misconduct, it can be incredibly difficult to consider legal action against the very institution you chose for your child. However, holding schools accountable is often the only way to bring about meaningful change, ensuring better protections for students in the future. Pursuing legal action is not just about seeking justice for your own child—it’s about preventing harm to others, pushing schools to enforce stricter safety policies, and demanding the accountability that every family deserves.

Legal Claims Against Private Schools For Sexual Abuse in Texas

Victims of sexual abuse in private schools may have multiple legal avenues. Some potential claims include:

Negligent Hiring

A school may be liable if it failed to properly screen or check an employee who later harmed a student.

Elements to Prove:

• Duty of Care: The school is responsible for hiring safe and competent employees, particularly those working with children.
• Breach of Duty: The school failed to use reasonable care in the hiring process, such as neglecting to check an applicant’s background.
• Causation:
  • Cause in Fact: The school’s negligent hiring directly allowed a dangerous employee to access students.
  • Proximate Cause & Foreseeability: The harm was a foreseeable consequence of hiring an employee without proper vetting.
• Damages: The victim must show harm, such as physical injuries or emotional distress.

Negligent Supervision

This claim arises if a school fails to properly monitor its staff or student interactions, allowing abuse to occur.

Elements to Prove:

• Duty of Care: The school must provide proper supervision to ensure student safety.
• Breach of Duty: The school’s lack of supervision created an unsafe environment, such as allowing unsupervised access to students.
• Causation:
  • Cause in Fact: The failure to supervise directly led to the abuse.
  • Proximate Cause & Foreseeability: A reasonable school should have foreseen that poor supervision could lead to harm.
• Damages: The victim must demonstrate actual harm, such as emotional trauma.

General Negligence

If a school fails to take reasonable steps to protect students from known risks, it may be held liable for general negligence.

Elements to Prove:

• Duty of Care: The school has a general obligation to provide a safe environment.
• Breach of Duty: The school did not take reasonable safety measures.
• Causation:
  • Cause in Fact: The school’s failure to act directly caused the harm.
  • Proximate Cause & Foreseeability: The injury was a foreseeable result of the school’s negligence.
• Damages: The victim must prove measurable losses.

Intentional Infliction of Emotional Distress

Victims may claim emotional distress if a school’s actions (or inactions) were extreme and caused severe trauma.

Elements to Prove:

• Extreme and Outrageous Conduct: The school’s actions were beyond what is acceptable in society.
• Intent or Reckless Disregard: The school either intended to cause distress or recklessly disregarded its impact.
• Causation:
  • Cause in Fact: The distress resulted from the school’s conduct.
  • Proximate Cause & Foreseeability: The distress was a foreseeable result of the school’s actions.
• Severe Emotional Distress: The victim must prove their distress was extreme.

Understanding Foreseeability and Proximate Cause

Foreseeability

In negligence claims, foreseeability examines whether a reasonable school should have anticipated that failing to screen or supervise employees could lead to abuse. If harm was foreseeable, the school should have taken preventive measures.

Proximate Cause

Proximate cause links the school’s negligence to the victim’s harm. In Texas, the injury must be a natural and probable result of the school’s failure to act.

How Varghese Summersett Can Help You

If you or a loved one has suffered abuse at a private school, navigating the legal process can feel overwhelming. The experienced attorneys at Varghese Summersett are here to guide you through every step, ensuring your rights are protected and that justice is pursued.

Guiding You Through the Criminal Investigation

Understanding how the criminal justice system works can be challenging, especially when dealing with trauma. Our attorneys have extensive experience working with law enforcement and prosecutors. We will:

• Explain the investigation process in clear, simple terms.
• Ensure you know your rights and what to expect.
• Work to protect your interests during questioning or testimony.

Connecting You with Experienced Counselors

Healing from trauma is just as important as seeking justice. We understand that legal action is only part of the recovery process. That’s why we help connect you with skilled counselors who specialize in working with survivors of abuse. These professionals provide the support and guidance needed to move forward.

Helping You Properly Document What Happened

Proper documentation is crucial in building a strong case. Our team will assist you in:

• Gathering and organizing evidence, including medical records and witness statements.
• Keeping a detailed record of any interactions with the school or law enforcement.
• Ensuring all necessary legal documents are prepared and filed correctly.

Filing a Demand and Lawsuit

Once we have gathered the necessary evidence, our attorneys will draft a formal demand to the responsible parties. If a fair settlement is not reached, we will take legal action by filing a lawsuit. Our goal is to:

• Hold the school accountable for its negligence.
• Seek compensation for medical expenses, emotional distress, and other damages.
• Ensure policies are changed to protect other students from harm.

Holding the School Responsible

Schools have a duty to protect students, and when they fail, they must be held accountable. By taking legal action, we can help bring justice to victims and push for necessary changes in school policies and safety measures. Our legal team is committed to:

• Fighting aggressively for your rights.
• Ensuring those responsible are held liable for their negligence.
• Advocating for stronger protections for students in private schools.

Contact Varghese Summersett Today

If you or someone you love has been affected by abuse at a private school, do not wait to seek legal help. The attorneys at Varghese Summersett are ready to stand by your side, offering compassionate guidance and aggressive representation. Contact us today to schedule a confidential consultation and take the first step toward justice.