Maison Law supports survivors of sexual assault, abuse, rape, and other traumas at universities and colleges across California, including California Polytechnic State University (Cal Poly). While we can’t undo the harm, we can assist you in exploring all available legal options. Contact us today to set up a private, free consultation to learn more.

Should You Hire a Lawyer?

Being at college is supposed to be a time of exploration, learning, and excitement. Yet, many of these same qualities leave you or someone else open to scenarios where there’s sexual assault. It’s an unfortunate part of going to Cal Polytechnic (Cal Poly) or any college in California.

Sexual assaults are deeply traumatic, and navigating the aftermath can be challenging. This makes a potential legal claim very difficult. Still, you have options, and you should think about working with our team. We can provide crucial guidance and support, helping to ease your burden. We offer full-service support in these cases, including:

Explaining your rights and options
Identifying who is liable for the incident
Helping you gather evidence and information
Negotiating with insurance companies and defense lawyers

Our overall goal is to simplify the legal process for you and give you the support you need. Nobody deserves to be sexually assaulted in any environment, let alone an educational one. We can help and support you from start to finish.

How Do Sexual Assaults Happen at Cal Poly?

Sexual assault is generally defined to be any unwanted sexual contact or behavior that happens without your consent. This, unfortunately, is very common in a college environment for a variety of reasons. But specifically, sexual assaults frequently happen at places like Cal Poly because of the following situations:

Little supervision – Sexual assaults often occur in dorms and on-campus housing because there’s very little supervision. Moreover, this lack of supervision makes them risky during social gatherings, parties, or even regular visits, as attackers can take advantage when there is no one watching.
Parties and social events – Events with alcohol or drugs are high-risk for sexual assault. Attackers exploit impaired judgment and vulnerability. The lack of supervision and peer pressure can lead to assaults.
Online – Sexual assault can also happen online through harassment, sharing explicit images without consent, or forcing someone into sexual activities digitally. These online incidents are equally traumatic and violate your privacy, especially in today’s digital world.
Student groups – Sexual assault can happen within student clubs or sports teams. Close relationships and power dynamics in these groups can be misused. Hazing, initiations, and social events can lead to assault.
Public areas – Sexual assaults can happen in public places like libraries, study halls, or secluded campus spots, though this is less common. These incidents usually occur when these places are less crowded, like late at night or early in the morning.
Off-campus activities – University-organized off-campus events, like field trips, retreats, or parties, can also be settings for sexual assault. These events often have less supervision, making them risky.

Regardless of where or how a sexual assault happens, figuring out who’s responsible (aside from the perpetrator) is very important as you move through your legal options.

Who’s Responsible When There’s a Sexual Assault at Cal Poly?

A sexual assault is one of the most traumatic things that can happen to you. Because of this, it carries not only criminal charges, but also civil penalties. In legal terms, this means you can file an injury claim if you experience a sexual assault on top of any criminal charges that the perpetrator faces.

But when you file a civil case, it means figuring out “liability,” or legal responsibility for causing your injuries and its resulting damage. In a sexual assault, this is obviously pretty severe, but the legal standard is the same: negligence. Negligence is the:

Duty of care to act in a way that keeps you and others safe.

When a sexual assault happens at Cal Poly, negligence depends on where the assault happens. If it’s off-campus, the university has less responsibility to protect you since they don’t control the area. If it’s on-campus, like in a dorm, the university could share some liability. Each case is different, but liability in a sexual assault claim usually falls on:

Perpetrator – The person who committed the assault is responsible under criminal and civil law.
Cal Poly – The university might be liable if it didn’t keep the campus safe or handle assault reports properly.
University staff – Administrators, security personnel, or counselors might be liable if their actions or negligence contributed to the assault or its aftermath.
Third parties – Others, like contractors, event organizers, or fellow students, might share liability if their actions played a part in the assault.

Knowing who is responsible is essential. It tells you who to file a claim against and who must pay for your damages. But part of the legal process is actually filing the claim and showing these damages.

Legal Steps After a Sexual Assault at Cal Poly

After a sexual assault at Cal Poly, there are two key legal paths you can take. First, as a crime victim, the police will investigate and press criminal charges. Second, as an injury victim, you have the right to file a civil claim for damages. This helps you recover physically, financially, and emotionally.

You can:

File an insurance claim (if you know the perpetrator and have their insurance information)
File a personal injury lawsuit

The insurance company might offer a settlement, which could avoid the need for a lawsuit. They’ll investigate by collecting statements and evidence, similar to a lawsuit’s discovery process. Both sides usually negotiate a settlement, sometimes with court-mandated mediation.

If a settlement isn’t reached, the case goes to trial. A judge and jury will decide on damages, which could include:

Medical expenses
Property damage
Pain and suffering
Emotional distress
Loss of companionship or enjoyment of life
Punitive damages

Sexual assault cases have both criminal charges and civil liability, but there are deadlines for filing a civil claim:

Assaults after January 1, 2019 – Victims have ten years from the incident date to file a lawsuit.
Assaults between January 1, 2009, and January 1, 2019 – AB 2777 sets a three-year “lookback” window, extending the deadline to December 31, 2026.

Even with these extended deadlines, it’s crucial to act quickly to link the assault to your injuries and damages for your civil claim. This means taking certain steps after the assault to gather important information.

Can You Strengthen a Sexual Assault Claim?

Because it’s technically an injury claim, a sexual assault claim against the perpetrator, Cal Poly and anyone else that shares liability is going to require you to provide evidence of the incident and your injuries. This process starts immediately after the assault, which raises some questions about how you can gather such information. It’s here that our team can be hugely beneficial, helping you recall events, gather information, and strengthen your claim by:

Getting medical care – Your safety is the top priority. Get to a safe place and seek medical help immediately. Go to an emergency room, hospital, or urgent care center for treatment.
Reporting the assault – Tell the appropriate authorities what happened, such as school administration or your RA. They need to know what happened so they can report it to their supervisors and ensure your safety.
Collecting evidence – Gather as much information and evidence as you can. Use your phone to take photos or videos and get contact details from any witnesses.

These steps are essential for both your health and any potential legal action. Once you’re safe and have received medical care, you can start considering the legal aspects of your case. We’re here to support you through every step.

Free Help for Sexual Assault Survivors at Cal Poly

If you’ve experienced sexual assault or abuse at Cal Poly, it can have lasting effects. At Maison Law, our team understands the serious impact of these incidents. We’re here to support you and make sure those responsible at the school are held accountable.

California Polytechnic State University Sexual Assault Lawyer