Kim Gale  |  November 10, 2022

Category: Legal News

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Sad teen boy sits on stairs outside

In Arizona, more teachers face disciplinary action for sexual misconduct than they do for any other kind of offense.

Approximately 40% of discipline cases that occurred between 2012 and 2018 were reportedly regarding sexual assault. Though most Arizona teachers are women, around 80% of those who are disciplined for sexual misconduct are men, explains AZ Central.

Arizona school sexual assault laws

There are, of course, laws at the federal level that protect victims of sexual assault in schools. However, much is still left up to individual states. Arizona State Statute 13-406 defines sexual assault as “engaging in sexual intercourse or oral sexual contact with any person without consent,” explains Southern Arizona Center Against Sexual Assault. Arizona schools deal with a range of sexual misconduct, including sexual assault. 

Information about Arizona rates of sexual assault reporting indicate that the system does work, but show that there may be too many loopholes in the system.

Reporting sexual assault in schools begins with school administrators. School administrators and other employees are deemed mandatory reporters, meaning that they must report instances of child abuse or suspected child abuse to the Arizona Department of Child Safety or to law enforcement, explains the Rape Abuse and Incest National Network (RAINN), the largest anti–sexual violence organization in the nation.

There are limits to the efficacy of the systems. The process for reporting sexual assault only applies to those teachers who hold teaching certificates. However, not all Arizona teachers must have certificates. Teachers who teach at charter schools in Arizona do not need to hold a certificate.

Additionally, charter schools do not necessarily have their own system to handle allegations of sexual assault and abuse. AZ Central notes that the Arizona State Board for Charter Schools has neither authority nor capability to discipline teachers who face allegations of sexual abuse or misconduct.

Reportedly, around 40% of teachers in charter schools do not have certifications, a reality which can lead some teachers to not have sufficient accountability if they are involved in an alleged sexual assault.

Despite the lack of a certificate requirement, those who have had a certificate revoked are not allowed to teach in Arizona charter schools. However, the school must do the work to find out if a teacher has had a certificate revoked.

Cases of sexual assault in Arizona schools

Cases of child sexual assault are notoriously underreported, especially for boys. But even when children might be willing to come forward to report their abuse, the processes in place may be inadequate.

Unfortunately, news sources and experts believe that Arizona’s system for reporting sexual assault is less than ideal. Even Arizona State Board of Education president Lucas Narducci spoke to the board about the need for revision of processes, per AZ Central. He emphasized the need for accountability for teachers without certification.

The Arizona Republic and KJZZ (the radio station) conducted an investigation into Arizona teacher sexual misconduct, looking at more than a hundred cases, and finding serious weaknesses in the system. Their findings are included in audio form on the KJZZ website in a series of approximately five-minute segments, and also published in text form via AZ Central.

The first step in handling sexual assault is to prevent it from happening in the first place. However, Arizona does not require teachers to go through sexual misconduct training. According to AZ Central, other states have this kind of training, which includes information about how to spot early warning signs of sexual abuse, such as “grooming,” giving a student special attention, excessive physical contact, or private, personal communication.

Unfortunately, Arizona may not only fall short in educating teachers, but also in educating students about sexual abuse and inappropriate behavior from authority figures.

Once sexual abuse allegations do occur, the process of reporting sexual abuse often goes through several stages. First, these schools generally document rumors of sexual abuse, and if allegations emerge, conduct an investigation. One would hope that an investigation into something as serious as the potential sexual abuse or assault of a child would be thorough, but officials sometimes only conduct cursory investigations into rumors before dismissing them, AZ Central reports.

How has the Arizona State Board of Education responded?

Disciplinary cases can lag for a long time within the Arizona State Board of Education and Department of Education, with individual investigators taking on heavy caseloads and thereby extending the amount of time it takes for an investigation to be completed.

Around 6% of the time a teacher is accused of sexual misconduct, they have their teaching certificate temporarily suspended, AZ Central explains. When a teaching certificate is temporarily suspended, a teacher then has the opportunity to reapply in a few years’ time.

In some cases, teachers may have their teaching certificates permanently revoked. The Arizona State Board’s ability to take certificates away is more limited than in other states. In Arizona, the board cannot suspend a teaching certificate when a teacher is arrested on suspicion of a crime against a child, but in other states, this is possible. In Arizona, this means that someone arrested for such a crime could still be in the classroom.

There have been legal attempts made to turn the system around, but they have not been entirely successful. Currently, Arizona schools are not able to access sealed administrative records for a teacher when deciding to hire them. A proposed law change would allow schools to access this information, but the bill did not make it past the state’s House of Representatives.

Former teacher sentenced to 20 years in prison

In 2019, former Arizona school teacher Brittany Ann Zamora was sentenced to 20 years in prison in a school sexual abuse case. She will face a lifetime of probation and will need to register as a sex offender. She was charged with sexual abuse of a 13-year-old boy, who was her student.

Zamora, now in her early thirties, could have received 27 years under the plea agreement she took, but Judge Sherry Stephens gave her a more lenient sentence, saying her decision was based upon Zamora pleading guilty, expressing remorse, and having no criminal history.

Zamora allegedly sexually abused the boy many times in her vehicle and in a classroom at a Goodyear elementary school. The encounters occurred at Las Brisas Academy through February and March of 2018. Court documents indicate some of the sexual activity happened while other sixth graders were in the classroom watching a video.

According to investigators, another boy who was only 11 years old at the time saw Zamora and the 13-year-old boy engaging in sexual relations. Zamora purportedly then shared nude pictures with both of the students. It’s important to remember that a child cannot consent to any form of sexual activity.

The parents of the 13-year-old boy filed a lawsuit against the Liberty School District, alleging school administrators never investigated reports they received that Zamora was involved sexually with their son.

Court records indicate the principal at Las Brisas Academy said he spoke with students regarding rumors of such a relationship, but the principal also admitted he failed to report the allegations to either the authorities or the victim’s parents.

How to find a sexual assault lawyer in Arizona

Depressed teen girl sits against wall with headphones on and head in hands

Unfortunately, sexual abuse and assault can take place anywhere, including in trusted organizations and institutions, and can be committed by anyone, including those in authority. A growing number of sexual assault survivors have been turning to litigation against their abusers and even a number of organizations, including schools, for their actions and inactions that allowed the abuse to occur.

Joining an Arizona sexual assault lawsuit investigation can help you and your loved ones determine if you may have a criminal or civil claim against an abuser. Even if your abuse occurred years ago, you may still have a legal claim. Some sexual assault lawsuits aim to hold just the abuser liable, while others also aim to hold connected institutions, such as schools, responsible.

In recent years, a number of states — including Arizona — have expanded their sexual abuse laws to allow survivors more time to come forward with their allegations. Even if the abuse took places years ago, survivors may still be able to pursue compensation, as well as hold any institutions responsible for the abuse accountable for their actions and inactions.

Filing a lawsuit can be a daunting prospect, especially over something as traumatic as sexual assault, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

Join a free school sexual abuse lawsuit investigation

If you or someone you love was the victim of sexual abuse in a school or academic setting, you may be able to participate in a school sexual abuse lawsuit investigation. Fill out the form on this page for more information.

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This article is not legal advice. It is presented
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