Considering a Lawsuit Against a University for Sexual Misconduct? 

Understand the Laws for Sexual Misconduct Cases Against Universities 

Historically, it has been difficult to hold governmental entities such as universities responsible for the actions of their staff due to governmental immunity. Claims that the government cannot be held responsible for the actions of its have become more commonplace as the law has slowly become more favorable for plaintiffs. Legislation typically follows situations where many people have been harmed and have been left without legal recourse. The evolution of law on suing a university is no different. Major changes are made when major harm is uncovered. If you are considering a lawsuit against a university for sexual misconduct, then it is important to speak to an experienced attorney.

HOW THE LAW HAS CHANGED IN RECENT YEARS

Up until 2018, the law only allowed those who were sexually assaulted as kids to file suit up until the age of 19, without any real exceptions. Many kids don’t initially realize that they have been abused since they put trust in the adult that has been entrusted to care for them. In these cases, it may take years for the victims to understand what was done to them, and that they aren’t the only ones who had been victimized. The Larry Nassar scandal at Michigan State University (MSU) initially left scores of victims without the ability to file any sort of lawsuit against Nassar or MSU due to the laws at the time. This prompted legislation that allowed victims to file their claims up until their 28^th birthday or three years from when they realized they had been abused. This law may again soon change in reaction to news coming from rival University of Michigan.

HOW THE LAW MAY CHANGE GOING FORWARD

The late Dr. Robert Anderson is at the center of a new set of sexual assault claims against the University of Michigan (U of M) which has prompted new legislation in the state House of Representatives. U of M has already acknowledged that assaults occurred. U of M is currently in mediation with attorneys for approximately 850 people. Attorneys for the victims filed claims regarding the university’s misconduct in concealing the prior claims and demanded the statute of limitations to pause because of this. If this new legislation is passed, then this would allow the plaintiffs to be in a stronger position and help force a resolution from U of M. The new proposals from the House under House Bill 4306 expands to adults and would allow them to file a lawsuit until:

• 10 years from when the claim accrues; 
• Their 28^th birthday; or
• 6 years from when abuse has been realized.

The latest of these three is acceptable to file a claim against a university for the sexual misconduct of its employees. Governmental immunity would also be weakened by this bill, disallowing universities from using the defense if they knew or should have known of the accused’s prior sexual misconduct and failed to do anything about it or worse, covered it up. This law will again expand the potential pool of plaintiffs against universities. If you think you might have a case, then it is important to seek experienced legal help immediately. 

HOW AN EXPERIENCED ATTORNEY CAN HELP

An experienced attorney can help evaluate whether you have a viable case against your university. It has become an unfortunate commonplace to hear news about a trusted university professor, doctor, or coach being involved in assaultive or other misconduct against students, student-athletes, and other staff members. It is important to hold these universities accountable in the public eye, so this type of conduct is not allowed to be repeated on any university campus. If you have legal questions, then call us at Zeineh Law so we can help!

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you are looking to sue a university for the actions of its staff, then it is important to speak to an experienced attorney. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or online. Our advice is free, and our conversations will always be protected by the attorney-client privilege. Make your first choice towards justice with a consultation with an experienced attorney at Zeineh Law today.