Illinois School Sexual Abuse Lawyer: Districts Keep the Records

Where the school is a public district, the defendant is a public body, which brings the Illinois Tort Immunity Act and its notice requirements into the analysis immediately.

  • Free
  • Confidential
  • No police report required
  • No conviction required

You do not need to have reported it, and nobody needs to have been charged. A civil claim asks a different question from a criminal case: what the school district knew, what it should have known, and what it did.

Ervin Nevitt, Esq., sexual abuse lawyer and partner at Coplan + Crane.
Ervin Nevitt · Partner, Coplan + Crane
Illinois bar registration 6319808 · admitted 2014

What makes these claims different

Where the school is a public district, the defendant is a public body, which brings the Illinois Tort Immunity Act into the analysis immediately.

School staff are mandated reporters. A complaint that was received and not reported is itself a documented failure, and districts keep personnel files, prior complaints and transfer histories.

Who the claim is brought against

A claim of this kind is usually brought against the school district, rather than only against the
individual. The theory that most often carries it is failure to report, though in practice
several run together, and which one fits is a question about your facts rather than a category.

Because the responsible body here is usually a public one, the Illinois Tort Immunity Act comes into the analysis, including its immunities and its one-year filing deadline. For childhood sexual abuse, that deadline does not apply: 735 ILCS 5/13-202.2 governs instead. Private schools follow the ordinary rules.

Questions people ask

Does someone have to have been convicted?

No. A civil case uses a lower standard of proof than a criminal one and is usually brought against the institution rather than the individual.

I am asking for someone else.

That is fine and it happens often. There is no obligation on the person involved to do anything.

What if I only remember part of it?

That is ordinary. These cases are built from institutional records rather than from a complete account.

What actually happens if you contact us

Nothing is set in motion by asking a question.

  1. You speak to a person

    Not a form, not an intake script. You do not have to describe what happened in order to have the conversation.

  2. We look into who had a duty

    Which institution was responsible, what it knew, what records exist, and whether a claim can still be brought. That work costs you nothing.

  3. You decide

    We tell you plainly what is possible. If you decide not to go ahead, that is the end of it and what you told us stays confidential.

  4. If you go ahead, we carry it

    Filings, deadlines, records and the institution's insurers. Steps can be taken to protect your identity in the court record.

Call (708) 671-6858 Free case review