Sexual Assault on College Campuses: Legal Options in Kansas City

If you or someone you love was sexually assaulted at a Kansas City-area college, you do not have to decide anything right away. Sexual assault on college campuses can open several civil options, separate from any criminal case, each with its own deadline.

What Legal Options Do You Have After a Campus Sexual Assault in Kansas City?

Survivors generally have three civil paths:

• Title IX claim against the school: Title IX, the federal law barring sex discrimination in federally funded education programs, can support a claim when a school mishandles harassment or assault it knows about.
• Premises liability claim: A school or property owner may be responsible when poor security made an assault foreseeable.
• Civil claim against the assailant: A lawsuit seeking compensation directly from the person who committed the assault.

Can You Sue a College Under Title IX for Sexual Assault?

In some cases, yes. In Davis v. Monroe County Board of Education, a majority of the U.S. Supreme Court held that a school receiving federal funds can owe money damages for student-on-student sexual harassment when it was deliberately indifferent to harassment it knew about, meaning its response was clearly unreasonable in light of what it knew. The harassment must also be so severe, pervasive, and objectively offensive that it effectively denied the student equal access to education.

A school is not automatically liable because one of its students committed an assault. What the school knew, and what it did after learning of it, are at the center of the claim.

What If the Assault Happened Off-Campus, in a Dorm, or in Rental Housing?

A dorm, fraternity house, or off-campus apartment can be the setting for a negligent security claim when poor security, such as broken locks or an unwatched entrance, made an assault foreseeable. An owner who knew or should have known about the risk and failed to fix it may be civilly liable. Claims against a public university can also face limits from sovereign immunity, a rule that shields government bodies from some lawsuits, so whether the school is public or private matters.

How Long Do Campus Sexual Assault Survivors Have to File?

Deadlines depend on the state, who the claim is against, and the survivor’s age at the time:

Claim: Against the assailant (adult survivor). Missouri:  2 years, Section 516.140. Kansas: 1 year, Section 60-514

Claim:  Against a school (Title IX or negligence) or property owner. Missouri: 5 years, Section 516.120. Kansas:  2 years, Section 60-513

Claim: Survivor under 18 at the time. Missouri: Against the assailant: 10 years after turning 21, or 3 years after discovering the abuse caused the injury, whichever is later, Section 537.046. Kansas: 13 years after turning 18, or 3 years after a related criminal conviction, whichever is later, Section 60-523

Because one assault can fit more than one row, the shortest deadline that applies is the one to watch.

Talk to Wendt Law Firm About Sexual Assault on College Campuses

You do not have to sort through this alone. Wendt Law Firm treats sexual assault cases as a priority, and our case results include a $6 million sexual abuse case.

For a free, confidential consultation about sexual assault on college campuses and the deadlines that apply to you, contact us or call (816) 531-4415.