Providing a Safety Learning Environment

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 Oxford college pays damages to woman after alleged rape by fellow student

“Rape Culture” has become a major discourse for educational leaders following

numerous incidents of sexual abuse across universities and campuses across the country. After

being embroiled in one of the latest rape and sexual assault scandals, an oxford college has

pledged to pay damages to a female student who alleged rape by a fellow student within the

campus. The woman, a student at Lady Mary Hall said she was assaulted by a man who

forcefully entered her room while she was sleeping (Adams, 2022). She accused the college of

negligence, lack of care, and discrimination in handling her case when she reported the same to

school authorities. The female student said she was instructed by the college not to speak about

the attack on social media and threatened expulsion if they spoke to the media. However, the

college agreed to pay damages covering the student’s legal fees and a non-disclosure fee without

admitting liability and lack of care in handling the situation.

The doctrine of loco parentis requires schools and colleges to foster the physical, mental,

and moral welfare of students by erecting physical assets to protect students as well as devising

and implementing policies that augment student discipline within their premise (Goldman &

Grimbeek, 2014). This doctrine therefore opens the door for students to sue colleges when

attacked inside schools due to the school’s inability to assure their physical security as well as

foster student discipline. Additionally, the Paul D. Coverdell Teacher Protection Act, although

meant to protect teachers and school authorities from liability in such cases, it fails to provide

immunity for teachers when they are accused of criminal and gross misconduct as well as gross

negligence (O’Toole, 2022). The female student therefore purports that school authorities at

Lady Mary Hall College are accountable for her abuse because they failed to assure her security

within the school premises.

 One of the greatest factors likely to increase the college’s liability in this case is the use

of non-disclosure agreements that prevent victims from reporting sexual misconduct. Public

institutions are required by the Education Amendments Act of 1972 and common law negligence

theories to report instances of sexual or physical abuse immediately to authorities (Daniel &

Nance, 2007). It is therefore contrary to statutory provisions for Lady Mary Hall College to use

non-disclosure agreements that bar victims of sexual abuse against reporting the same to

authorities or speaking about the incident to their peers. Subversion of student’s ability to seek

legal redress by curtailing their ability to speak out is a serious transgression of the Educational

Amendment Act. It is therefore paramount for the college to scrap non-disclosure agreements

and allow victims of sexual abuse to report cases in future instances.

Finally, the institution should establish and distribute a strict policy against perpetrators

of sexual abuse. This is because the assailant in this case was not charged with any crime when

the matter was reported to the school authorities (Adams, 2022). Additionally, the school’s

policy on reporting sexual abuse follows a bureaucratic process that takes long before the case is

reported and acted upon. This shows that the school does not have a stringent policy on sexual

abuse within the school. The doctrine of loco parentis requires institutions to implement policies

that not only prevent students from abuse, but also take necessary measures to prosecute

perpetrators of abuse and crime in schools. By failing to report the abuser and take action against

them, the school exposes itself to liability. It is therefore important for the school to establish a

strict policy to facilitate the reporting and punishing of sexual assailants.

 References

Adams, R. (2022, April 1). Oxford college pays damages to woman after alleged rape by fellow

student. The Guardian. https://www.theguardian.com/society/2022/apr/01/oxford-

college-pays-damages-to-woman-after-alleged-by-fellow-student

Daniel, T. K., & Nance, J. P. (2007). Protecting Students from Abuse: Public School District

Liability for Student Sexual Abuse Under State Child Abuse Reporting Laws. University

of Florida Levin College of Law UF Law Scholarship Repository.

Goldman, J. D. G., & Grimbeek, P. (2014). Child sexual abuse and mandatory reporting

intervention preservice content preferred by student teachers. Journal of Child Sexual

Abuse, 23(1), 1–16. https://doi.org/10.1080/10538712.2014.859200

O’Toole, N. (2022). Paul D. Coverdell teacher protection act: federal statute provides

protections to school personnel – by: Natalie Hoernschemeyer. Mickes O’Toole.

https://mickesotoole.com/articles/paul-d-coverdell-teacher-protection-act-federal-statute-

provides-protections-to-school-personnel-by-natalie-hoernschemeyer/