Derek Smith Law Group / Student Sexual Harassment / Student Sexual Harassment Attorney New Jersey

Student Sexual Harassment Attorney New Jersey

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Student Sexual Harassment in New Jersey
Contact Our Experienced New Jersey Student Sexual Harassment Attorneys Today for a Free Consultation.

Student sexual harassment in New Jersey is gender discrimination and is illegal. It can happen to a male or female and come from a student, teacher/professor, administrator, or employee of the school. It can occur on or off school property and even at events that are not sanctioned by the school.

Experiencing sexual harassment as a school student is terrifying and can be detrimental to your long-term mental health as well as your education. For over 25 years, the attorneys at the Derek Smith Law Group have helped victims of student sexual harassment in New Jersey, like you, get the compensation they deserve.

Student Sexual Harassment in New Jersey

Student sexual harassment in New Jersey occurs when a student, teacher/professor, administrator, or employee of the school makes unwanted sexual advances, requests for sexual favors, or verbal or physical sexual contact with a student. The sexual harassment can occur off-campus, in the school parking lot, in an elementary, grade, or high school, or even a studio where you may take a class.

It may occur at a school-sponsored function or even at an event where the harassment is so bad it makes going back to school unbearable. Many laws, including Title IX of the Education Amendments of 1972 makes sexually harassing a student illegal in New Jersey. Whether a man or woman is harassing a person of the same sex or different sex, student sexual harassment is a form of discrimination on campus and should never be tolerated or excused.

What Laws Protect Student Victims of Sexual Harassment in New Jersey?

State and Federal anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964 and the New Jersey Law Against Discrimination (NJLAD) can be applied to sexual harassment in schools against students, however, there are specific laws geared towards student sexual harassment specifically.

1. Title IX of the Education Amendments of 1972. Title IX prohibits any school to discriminate against a student on the basis of sex. This means the school and any people that work within or attend the school are prohibited from sexually harassing another student.

2. New Jersey Anti-Bullying Bill of Rights Act. This law is designed to prohibit harassment and bullying against students in school, at school-sponsored events on school buses, and off-school property. This includes sexual harassment.

What Evidence is Needed to Prove Student Sexual Harassment in New Jersey?

Sexual harassment against students in New Jersey requires one of two situations to occur: quid pro quo or it must create a hostile environment.

1. Quid pro quo. The literal meaning is “this for that.” A quid pro quo action is when a student is promised something in exchange for sexual favors. For instance, a teacher may promise a student an A in the class if she sleeps with him, or a student may promise to write a term paper for a student if he goes on a date with him.

2. Hostile Environment. A hostile environment is when unwanted sexual advances, requests for sexual favors, or verbal and/or physical sexual conduct is both severe and frequent. As a result, it changes the environment in which a student is attempting to learn and makes it unbearable and impossible to learn.

What Are Examples of Student Sexual Harassment in New Jersey?

Student sexual harassment in New Jersey may take on many forms, from sexist remarks to sexual advances, to even rape or assault. Here are some examples of student sexual harassment in New Jersey:

Your professor promises to give you an A if you perform sexual favors for him
Your teacher insists on showing the class pornographic material in his slide decks
A student promises to write your term paper if you go on a date with him
A student will not stop asking you out even though you have made it very clear you are not interested
A student has hacked into the student database and emails sexually explicit photos to all of the students on a weekly basis
Your athletic coach will not let you play in the game next week because you told him you didn’t appreciate the use of sexist slurs towards women while he spoke
You were suspended from school because you reported your principal who constantly spoke about the young female students in a sexual way
The janitor at your school gropes you every time he sees you alone in the hallway
You are told to leave a frat party because you will not get naked at the door. The frat members then spread rumors about you sleeping with them at the party all over school.

What Is the Statute of Limitations to File a Student Sexual Harassment Claim in New Jersey?

If you wish to file a claim and request an investigation under Title IX, you must file a claim with the Office of Civil Rights (OCR) within 180 days of the last incident of student sexual harassment. The OCR will investigate the claim and provide you with an administrative hearing to settle the claim.

You also have the right to file a lawsuit with the courts under Title IX and bypass the OCR. The time limit to file this lawsuit is 2 years from the date of the last incident of harassment.

The New Jersey Anti-Bullying Bill of Rights Act does not provide a time limit to file a claim with the New Jersey Division of Civil Rights. However, it is always suggested to file sooner rather than later.

What Are the Remedies Available to Victims of Student Sexual Harassment in New Jersey?

If you are a victim of student sexual harassment, it makes sense you would want to seek justice and compensation. The courts may over several remedies, including, but not limited to:

Reinstatement to school, sports, and clubs
Reimbursement of medical and other related expenses
Termination or removal of person responsible for harassment
Review and revamp student sexual harassment policy
Attorney’s fees
Pain and suffering
Emotional distress
Punitive damages

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During the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial

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Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial

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Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.

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Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial

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It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial

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matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough

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Corey Kientz

You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!

Marissa Shander

Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial

jessica gonzalez

Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonialwon't be disappointed! 10/10

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What Is the Length of Time a Student Sexual Harassment Lawsuit May Take to Settle?

A student sexual harassment lawsuit may take 4 to 6 months to a year or longer to settle. If your school is willing to negotiate a fair and reasonable settlement, the case may be completed within 4 to 6 months, without ever stepping foot in a courtroom.

However, if your school wants to got to trial, the trial preparation can take 8 months to a year or more. The trial may then take an additional few days to several weeks or longer until a judgment is entered.

A Few Things You Can Do Right Now

As a victim of student sexual harassment, it is up to you whether you file a lawsuit against your school. The reasons to file include getting the justice you deserve and helping the school to see they must change their behavior. However, while you make this decision, there are a few things you can do to help move your case along should you choose to file.

1. Contact an experienced student sexual assault attorney immediately.

2. If your school has a department that you can use to report student sexual harassment, file a report in writing.

3. If your school has a student sexual harassment policy, follow it.

4. Gather evidence. Document every incident, including what occurred, where and when it occurred, who was involved, and whether there were any witnesses.

5. Do not waste time. You have a limited amount of time to file a claim for student sexual harassment. Do not wait until your time runs out.

Verdicts & Settlements

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$4.9 Million Settlement

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$4.050 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

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Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, Appellate…

Contact Our Experienced New Jersey Student Sexual Harassment Attorneys Today for a Free Consultation.

All students have a right to learn in an environment free from sexual harassment.

If you are the victim of student sexual harassment in New Jersey, our team of experienced prior sex-crimes prosecutors at the Derek Smith Law Group in New Jersey can help.