Legal Question in Civil Rights Law in Colorado

Re: Elementary School and inaction

Depending on the facts and the precise nature of the inappropriate touching, you may be able to get a court order requiring the district to relocate either your child or the offending child.

More serious, if accurate, is the teacher's failure to protect your child, and actual encouragement, it seems to me, of future inappropriate touching, because of sending the message that your daughter should just shut up and take it.

The teacher may be open to a charge of accessory after the fact to child abuse, or to child endangerment. The district leaves itself open to a lawsuit if the behavior is repeated and nothing was done.

Your description of the teacher's and administrator's response seems unusually callous. If anything, districts have been erring on the side of immediate action against the offender, sometimes disciplining for completely innocent acts.

Before you take action with any of the above, I would suggest you or your attorney make it absolutely clear to the district that if they don't take immediate steps to protect your daughter, you will ask the court to do it for them.

Good luck.