You may be aware of a new law, AB 218, that will expand the statute of limitations for civil suits arising out of childhood sexual assault, impose additional damages in certain cases, and extend for three years cases that expired previously. A plaintiff will have 22 years after attaining the age of majority (to age 40) or five years from the discovery of the related factors, and damages awarded can be tripled if it’s proven that a sexual assault happened due to a cover up. Provisions of AB 218 is discussed in greater detail in our recent Briefing.
Regardless of the statute of limitations, schools are well-advised to look at their policies and procedures regarding employee and volunteer background checks, training, and mandated reporting. As parents, educators and community members, all of us are responsible to protect children.
"AB 218 creates the potential for greater risk exposure."
It is important to understand that AB 218 creates the potential for greater risk exposure to your district. The applicability of locally-enacted claims presentation requirements to childhood sexual abuse cases remains an unresolved issue, pending litigation currently in progress.
We recommend the following reviews and actions to you and your district:
- In light of the claims revival period, it is wise to review your liability coverage, both past and present, and assemble your coverage documents going back in time as far as you can.
- Ensure that campus and classroom site inspections are conducted to aid in the identification of areas that may be vulnerable.
- Implement and follow best practices to help make campuses and children safer.
- Public agencies that have not done so already should consider adopting an Administrative Regulation under Government Code § 935.
- Be certain your school conducts mandated reporter training in compliance with AB 1432, as well as providing courses to enhance your staff’s competence to maintain appropriate boundaries and recognize signs of possible abuse and molestation.
- Assess your crisis communication plans to be implemented in the event of a serious incident and determine how to avoid any appearance of a cover up in the case of childhood sexual abuse.