Sexual harassment in schools is a serious problem in New Mexico, and violates a student’s dignity and right to learn in peace. Events of this nature can have a lasting impact, and the public institute should be held at fault. If your child has been a victim of sexual harassment in a New Mexico school, our experienced attorneys are here to help.
Our lawyers at Abrar and Vergara have a long history fighting for victims of sexual harassment, and we’ll approach the situation with the dedication and empathy you deserve. Reach out today by calling (915) 444-6675 for a free consultation to discuss your options for holding your child’s school accountable.
Can I bring a Lawsuit Against a School for Sexual Harassment?
There are several New Mexico laws in place to protect victims of sexual assault in schools. At Abrar and Vergara, our attorneys have in-depth knowledge of these legal landscapes and make it a priority to fight for you at this difficult time. We know emotions are high, so we can handle the meticulous details while you focus on helping your child heal.
We’ve listed some of the most important laws surrounding sexual assault in schools below. We’re here to answer any questions you may have about these with a free consultation.
What Is Title IX
Title IX of the Education Amendments of 1972 is a federal law that prohibits sex-based discrimination, including sexual harassment and sexual assault, in all schools receiving federal funding.
- All types of sex-based discrimination and harassment are prohibited, including sexual assault, sexual violence, sexual battery, sexual coercion, and rape.
- Schools must have policies and procedures in place to promptly address sexual harassment complaints.
- Schools must take immediate action to eliminate sexual harassment or violence, prevent its recurrence, and address its effects.
New Mexico State Regulations
New Mexico has additional state-level regulations regarding sexual misconduct in schools:
- The New Mexico Administrative Code prohibits sexual harassment in all public schools.
- Licensed school employees in New Mexico are required to complete training in detecting and reporting child abuse and neglect, including sexual abuse and assault.
Affirmative Consent Policies
New Mexico recently passed legislation regarding affirmative consent policies in higher education:
- Public colleges and universities are required to include material on affirmative consent in student orientation packages.
- These institutions must use trauma-informed policies when assisting students who are victims of sexual or domestic abuse.
- They must also be connected with sexual violence resources.
School Responsibilities
Schools in New Mexico have specific responsibilities regarding sexual harassment and assault:
- They must maintain and operate safe learning environments.
- Schools must develop, implement, and enforce policies to quickly identify and resolve sexual harassment.
- They are required to have a designated Title IX coordinator responsible for ensuring compliance.
These are just a few of the many laws surrounding sexual assault cases in New Mexico schools. The legal landscape can get complicated quickly, especially when you’re already dealing with overwhelming emotions. That’s why it’s crucial to work with an experienced attorney who can build a strategy that holds the institution accountable. You and your child deserve closure, and Abrar and Vergara can help you get that.
Strategies We Can Use Against Sexual Assault in New Mexico Schools
We handle school sexual assault cases in New Mexico on a regular basis and have established strategies we use to get you the compensation and closure you deserve. These can become complex, but we’ve listed them with brief explanations below.
- Negligence Claims – We can establish negligence against your child’s school by proving the school had a duty to protect its students, the school breached that duty, the breach caused your child harm, and your child suffered damage as the result.
- Negligent Supervision – We can hold the school liable for negligent supervision by proving circumstances like insufficient staff-to-student ratios, lack of monitoring in high-risk areas, or failure to enforce safety policies.
- Dangerous Conditions of Property – We can hold the school responsible for assaults that occurred under dangerous conditions. These may include poor lighting in parking lots or walkways, malfunctioning locks on doors, or inadequate security measures.
- Damages – We can claim damages and seek compensation for factors like medical costs, therapy and counseling, pain and suffering, emotional distress, and loss of educational opportunities.
All of these strategies rely on the claims themselves and the execution. That’s why Abrar and Vergara bring years of experience and in-depth knowledge to the table to help you get the compensation and closure you need. We understand how difficult this time is, and we’re here to reduce the stress as much as possible. When you choose our team, you choose to take back the power and hold your school accountable.
How Can Our Experienced School Harassment Attorney Help?
If you and your child are navigating a sexual harassment case in a New Mexico school, you don’t have to go through it alone. Our attorneys at Abrar and Vergara have years of experience handling situations of this nature and helping victims get the closure they deserve. We can create sound strategies to ensure you and your child’s voice gets heard when it matters most.
Reach out today for a free consultation to discuss how our team can fight for you. We serve residents all across New Mexico facing sexual harassment in schools.
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