If a teacher doesn't report a student coming to them about another student touching them inappropriately, what legal action should I seek?
My son went to his teacher about another student that had been touching him inappropriately and she didn't report it. Well it ended up coming out that he had been doing this to my son for a very long time. The school knows about the teacher not reporting the issue (which is state law) and they are failing to do anything about it. What legal action can I take?
I understand your anger about this problem. I hope you son understands what has happened and is not traumatized further.
Teachers and other professionals have a legal and ethical responsibility to report inappropriate touching or to interven when a peer acts out sexually. The teacher may have been disciplined, but personnel matters are private. Find out what the district policy is on inappropriate touching by a peer. Talk to the school administer about your concerns about " sexual harassment" not being reported by the teacher. If you wish to take legal action, talk to an attorney. The attorney will determine if your son has been "damaged" emotionally, and who is ultimately responsible.
I guess there should be a reason why the student told about it to this teacher only, right? Maybe they were ashamed and didn't want anyone else to know. If that's the reason, then teacher did nothing wrong. I believe that the best solution would be to talk to the offender privately and make them stop. There is no need to let everyone know about the issue, this will only hurt the victim. I am familiar with similar situations. Some students had to switch to home schooling because the whole school learned about them being harassed.