Yes. Schools in New Jersey may be held liable for failing to report reasonably suspected cases of sex abuse of a student. Whether committed by a fellow student, a teacher, coach or principal, schools in New Jersey are legally required to report sex abuse to proper law enforcement, and failure to do so can result in civil liability.
Under New Jersey’s Administrative Code, all schools are required to report sex abuse committed upon a student. Section 6A:16-6.3(d) lays out the duty to report. Under the law, the school principle, staff members and/or school administrators are required to “immediately notify” law enforcement whenever any school employee has reason to believe that sexual abuse is occurring on school grounds, at school-sponsored events, or otherwise during school-related activities.
This law makes no difference between sex abuse committed by a student, a teacher, coach or other school employee. The school is required to make the report. In many cases of sex abuse, a student reports the abuse to a school employee such as a trusted teacher, school psychologist, etc. However, due to inadequate policies at the school, that employee does nothing, and the student continues to be abused. That failure may result in liability.
Suggested: New Jersey School Sex Abuse Reporting Law
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