When parents entrust their child to a private school, they are paying for more than just an education. They are paying for a safe and supervised environment where their child can learn and grow without fear of harm. When that fundamental trust is broken, and a child is assaulted by their peers on school grounds, the school itself can be held legally responsible for its failure to protect.

A deeply disturbing recent incident at a Phoenix private school highlights this critical issue. According to news reports, a 6th-grade student was allegedly held down and stripped of his clothes by other students in a school bathroom. This act of violence and humiliation has left a family searching for answers and accountability.

While the students who committed the assault are directly responsible, the school’s role in allowing this to happen is the central question in a civil lawsuit.

The Legal Duty of a Private School: Negligent Supervision

Unlike public schools, which have some governmental immunities, private schools are businesses. They have a heightened contractual and legal duty to provide a safe environment for their students. When they fail, a family can file a personal injury lawsuit based on several legal theories:

• Negligent Supervision: This is the most common claim. Schools are required to provide adequate supervision of students at all times, including in hallways, bathrooms, and during unstructured periods. We would investigate: Was there a known history of bullying by these students? Was this bathroom a known trouble spot? Did the school have enough staff on duty to properly monitor the students?
• Failure to Protect: If the school knew, or should have known, that a specific student posed a danger to others and did not take reasonable steps to address that danger (such as suspension or expulsion), they have failed in their duty to protect the other students.
• Negligent Hiring and Retention: The school is responsible for the quality of its staff. If a teacher or administrator was aware of ongoing bullying and failed to act, the school can be held liable for retaining a negligent employee.

The emotional and psychological trauma from an event like this can be as devastating as any physical injury, requiring years of therapy and support. In the most tragic cases, where bullying or assault leads to a fatality, a wrongful death lawsuit is the only path to justice for the family.

Your child has a right to be safe at school. When that right is violated, the institution that failed to protect them must be held accountable.

Contact Manoukian Law for a free and confidential consultation to discuss the sensitive details of your case.