Berkeley School Sexual Assault Lawyer

Trial-tested sexual assault lawyers committed to thorough preparation in every school abuse matter.

If your child was sexually assaulted at school, you are likely confronting a situation no parent expects to face. The trust you placed in a school to educate and protect your child has been violated in the worst possible way. Our Berkeley, CA school sexual assault lawyer can help you understand your legal options and pursue accountability from the institutions responsible. Kellogg & Van Aken LLP represents survivors and their families on a contingency fee basis. There is no cost for a consultation, and no attorney fee unless we obtain compensation for you.

School Sexual Assault Lawyer Berkeley, CA

In California, schools have a legal duty to supervise students, screen employees, and respond to reports of misconduct. When they fall short of those obligations, they can be held liable in a civil lawsuit.

A school sexual assault attorney in Berkeley evaluates each case by examining both the conduct of the abuser and the failures of the institution. Civil claims do not require a criminal conviction. Many families pursue civil cases even when criminal charges are pending or were never filed, because a civil lawsuit provides an independent path to financial recovery and institutional accountability.

Types of School Sexual Assault Cases We Handle in Berkeley

Sexual assault in schools takes many forms, and the people responsible may include staff, administrators, or even other students whose behavior the school failed to address. Our firm handles cases arising from a wide range of circumstances across Berkeley schools and the surrounding Alameda County area.

• Teacher sexual assault. Teachers who sexually abuse students exploit daily access and classroom authority. Schools that fail to investigate complaints or allow a teacher with a known history to remain in contact with students may be liable.
• Coach sexual assault. Athletic coaches often have unsupervised access to students during practices, games, and travel. When a school fails to vet or monitor coaching staff, it bears responsibility for abuse in these settings.
• Administrator and staff abuse. Principals, counselors, custodians, and other staff members can use their positions to groom and assault students. Claims focus on hiring practices and the institution's response to complaints.
• Student-on-student assault. When one student sexually assaults another, the school may be liable if it knew of the aggressor's behavior and failed to act. California law holds school districts accountable for negligent supervision in these situations.
• Substitute and volunteer misconduct. Temporary staff and volunteers often receive less scrutiny during onboarding. Schools that place individuals with inadequate background checks near students expose them to preventable risk.
• After-school and extracurricular programs. Programs operating on school grounds outside regular hours still fall under the school's duty of care, including tutoring, clubs, and school-sponsored events.
• Special education settings. Students with disabilities are disproportionately vulnerable to abuse. Schools must provide heightened supervision in special education programs, and failures give rise to strong claims.
• School-sponsored travel. Field trips, overnight competitions, and off-campus events create circumstances where supervision structures break down. Schools remain responsible for student safety during all sponsored activities.

Why Choose Kellogg & Van Aken LLP for School Sexual Assault Cases in Berkeley, CA?

Recognized Advocacy for Survivors of Institutional Abuse

Mikayla Kellogg and Kelly Van Aken founded Kellogg & Van Aken LLP to advocate for survivors of sexual abuse and individuals harmed by the negligence of others. Both earned law degrees from UC Davis School of Law and both attended UC Santa Barbara for undergraduate studies. The firm has recovered millions of dollars on behalf of clients in sexual abuse and personal injury cases.

Mikayla Kellogg was admitted to the California Bar in 2010 and has been recognized by Super Lawyers every year from 2016 through 2023, first as a Rising Star and then as a Super Lawyer. She was named to The National Trial Lawyers Top 40 Under 40 in 2016 and received the Order of the Barristers from UC Davis School of Law for outstanding oral advocacy. Mikayla is a Board Member of the Consumer Attorneys of California and serves on the organization's Education Chair for the Diversity, Equity, and Inclusion Committee. She has served as lead plaintiff's liaison counsel in a case involving over 80 survivors who alleged sexual assault by a university physician.

Kelly Van Aken was admitted to the California Bar in 2011. She is a member of the Consumer Attorneys of California and the San Francisco Trial Lawyers Association. Kelly has spoken before the Bar Association of San Francisco on topics related to trial practice and has authored published work on consumer protection law.

The firm handles school sexual assault cases on a contingency fee basis, so clients pay no attorney fees upfront and owe nothing unless compensation is recovered.

Holding Berkeley Schools Accountable

When a school in Berkeley, CA fails to protect a student from sexual assault, accountability requires more than a policy change. Our firm pursues civil claims against school districts, private schools, and charter schools that allowed abuse through negligent supervision, inadequate screening, or concealment. California law gives survivors the right to recover damages from these institutions.

What Is Important to Understand About a School Sexual Assault Case?

Damages, Liability, and Compensation for School Sexual Assault Cases

A civil lawsuit for school sexual assault in California can result in recovery for both economic and non-economic damages. These claims compensate the survivor for harm caused by the abuse and by the institution's failure to prevent it.

Economic damages include measurable financial losses:

• Past and future therapy and counseling costs
• Medical expenses related to physical injuries
• Lost educational opportunities and associated costs of transferring schools

Non-economic damages compensate for harm that is real but harder to quantify:

• Emotional distress and PTSD
• Pain and suffering
• Loss of enjoyment of life and childhood experiences

California Civil Code Section 3294 also allows punitive damages when the defendant acted with malice, oppression, or fraud. In school sexual assault cases, punitive damages may apply when administrators knowingly concealed abuse or ignored repeated complaints.

Liability extends to institutions under theories of negligent hiring, negligent supervision, and failure to report. California's mandatory reporting laws require school employees to report suspected child abuse to law enforcement or child welfare. When school personnel fail to report, the institution's exposure to liability increases significantly.

What Are Important Aspects of a School Sexual Assault Case?

Several elements determine the strength of a school sexual assault claim. Understanding these factors helps survivors and their families prepare for what the legal process involves.

• Whether the school conducted proper background checks before placing the abuser in a position with student access
• Whether prior complaints about the abuser were made and how the school responded
• The adequacy of the school's supervision policies and whether staff followed those policies
• Whether the school attempted to minimize, conceal, or discourage reporting of the abuse

In cases involving public school districts, California law imposes specific procedural requirements, including a government tort claim that must be filed before a lawsuit can proceed. Timing matters in these cases. An attorney familiar with school sexual assault claims in Berkeley can navigate these requirements and preserve the survivor's right to recovery.

What Is the School Sexual Assault Case Timeline?

The timeline for a school sexual assault civil case depends on the circumstances, but the general progression follows a predictable structure.

• Free consultation to evaluate the facts and determine whether a viable claim exists
• Filing of any required government tort claim for public school district cases
• Pre-litigation investigation, including school records, personnel files, and complaint histories
• Filing of the civil complaint and service on responsible parties
• Discovery, depositions, and retention of professionals
• Settlement negotiations or mediation
• Trial, if a fair resolution is not reached

Cases against public school districts have additional procedural steps. Our firm accounts for these distinctions from the outset.

What Should You Bring to Your School Sexual Assault Consultation?

If you are preparing to meet with our school sexual assault attorney in Berkeley, CA, bringing the following materials will help us assess your case.

• Any communications with the school about the incident, including emails, letters, and notes from meetings
• Records of therapy or medical treatment your child has received since the abuse
• Report cards, attendance records, or other documentation showing academic changes following the assault
• A police report, if one was filed

We review these materials during the consultation and explain how California law applies to your specific situation. There is no obligation to proceed after the meeting, and everything discussed is protected by the attorney-client privilege.

What Are Important California Legal Resources for School Sexual Assault Cases?

California has strengthened protections for student survivors of sexual assault through legislation and enforcement. The following resources are useful for understanding the legal framework.

• The California Attorney General's Know Your Rights page provides families with information about school-based sexual harassment, assault, and abuse, including reporting procedures and legal protections.
• Under California Code of Civil Procedure Section 340.1, survivors of childhood sexual abuse may file civil claims until their 40th birthday, and in many cases there is no deadline at all following the passage of AB 218 in 2019.
• California follows a pure comparative negligence standard, meaning recovery is reduced only by the plaintiff's share of fault. In school sexual assault cases involving minors, comparative fault on the part of the child survivor is virtually never applicable.
• No statutory cap limits non-economic damages in California sexual abuse cases.
• The California Victim Compensation Board can reimburse crime-related expenses such as therapy and medical treatment for eligible survivors.
• The CDC violence prevention resources offer national data on sexual violence affecting young people, including prevalence in educational settings.
• RAINN provides 24/7 support through a hotline and online chat for survivors and their families.
• The Office for Victims of Crime within the U.S. Department of Justice administers federal programs supporting crime victims.

Reach Out to Kellogg & Van Aken LLP to Schedule a Consultation

A school sexual assault attorney in Berkeley can evaluate your family's legal options and help determine the best path forward. Kellogg & Van Aken LLP offers free, confidential case evaluations for survivors and their families. We represent clients on a contingency fee basis, meaning you owe nothing unless we recover compensation for you. Contact us to schedule a consultation.