Schools Are Being Held Liable for Student Bullies

As parents, we all want our children to have positive and enriching experiences during their school years, fostering both academic growth and personal development. However, the pervasive issue of bullying threatens to ruin this ideal picture we have for our children. Bullies not only disrupt your child’s ability to  learn effectively, but can also cause profound and lasting damage, affecting them both physically and emotionally. The consequences can extend beyond the classroom, impacting a child’s self-esteem, confidence, and overall well-being.

It is important for schools to recognize the serious repercussions of bullying and take proactive measures to prevent such behavior. A safe and supportive school environment is crucial for every student to thrive academically and personally. Schools play a vital role in shaping a culture that either fosters or discourages bullying. Implementing robust anti-bullying protocols, educating both students and staff, and fostering a culture of empathy and inclusion are essential steps toward ensuring that schools remain spaces where children can learn and grow without the shadow of bullying casting a negative influence on their educational journey.

When schools fail to provide a safe environment for their students, that is when legal measures should be – and have been – taken.

The Washington Post shines a light on a growing movement

In an article published by The Washington Post, the tragic consequences of bullying in U.S. schools are discussed, with a special focus on cases where students took their own lives. Parents of bullying victims are increasingly pursuing legal action against schools, resulting in significant settlements. Bullying is a widespread issue, with nearly 200 student suicides since 2016 linked to bullying, the majority of those occurring among children aged 11 to 14. Despite existing laws in all 50 states to combat school bullying, inconsistent policies and their enforcement hinder effective prevention.

Of course, there are challenges in those litigation efforts, including the complex nature of suicide and varying state laws. Specific cases, such as those of Nigel Shelby and Mallory Grossman, highlight the emotional toll on families and the need for comprehensive anti-bullying measures. While some schools are implementing preventive measures, including reporting mechanisms and restorative practices, there is an urgent need for nationwide reforms to address the pervasive issue of bullying in schools.

Why are schools being held liable?

As highlighted in the Washington Post article, parents are filing lawsuits against the respective school districts, claiming that the institutions failed to address and prevent bullying adequately, leading to tragic outcomes.

These legal actions often result in settlements, with schools agreeing to financial compensations. For instance, there was a $3 million settlement in Cincinnati, a $2 million settlement in Utah, a $5 million settlement in Connecticut, and a $9.1 million settlement in New Jersey. The settlements are not only financial, but may also include commitments from schools to reform their anti-bullying protocols and practices.

Parents argue that schools have a legal obligation to ensure the safety and well-being of students, and the increasing number of lawsuits serves as a wake-up call for schools to take proactive measures against bullying. These legal actions aim not only to seek compensation for the families but also to encourage schools to implement more effective anti-bullying measures, preventing similar tragedies in the future.

Signs your child is being bullied

Identifying teenage bullying can be challenging, as it often manifests differently from bullying among younger children. Adolescents may conceal their experiences, feeling ashamed or fearful of causing worry. They might wish for the bullying to resolve itself and may deny its occurrence when questioned. However, there are observable signs that parents can be vigilant about.

Some signs, according to raisingchildren.net.au, include:

• Child refusing to go to school
• Skipping classes
• Increased emotional isolation
• Heightened anxiety
• Difficulty sleeping
• Diminished self-confidence
• Substance use
• Asking for money
• Expressing a hate for school
• Unexpected social media account deletions
• Unexplained injuries
• Damaged possessions
• Complaints of headaches or stomach aches

While these signs may have other explanations, open communication with the child about these observed changes is essential for a deeper understanding. Engaging in conversation about their day at school is a good first step in discovering whether or not they are being bullied.

My child is being bullied; what can I do?

It is the school’s responsibility to keep their students safe, and if it can be proven that they failed in this measure, legal action can be taken. However, before taking any legal steps or even talking with the school itself about the situation, it is best to first engage in open communication with your child.

It is important that they know that you can be trusted, and that you are there to keep them safe. Your child is your top priority, and if they feel like you have betrayed their confidence or that you have taken measures into your own hands that they haven’t agreed with, it may cause more harm than good

Once you’ve spoken with your child, speak with the school. Report the bullying incidents to your child’s teacher or principal. Keeping track of the incidents as best as you can is important; if you need to take legal action later, this documentation can be vital in receiving just compensation.

Other actions you can take include: speaking with the school’s guidance counselor about the bullying that is happening, setting limits or monitoring your child’s online activity (as social media is a huge source for bullying), obtaining a mental health counselor for your child to help them cope, and checking the school’s code of conduct to make sure the school has the appropriate rules and guidelines that discourage and take measures against bullying.

If, in the end, these initial steps into stopping bullying don’t effect any change, seeking legal counsel is a good next step. As we see in the Washington Post article, legal action when it comes to bullying is not uncalled for. A lawyer can help you to determine the best steps forward so that you can best protect your child.

Please contact Paulson & Nace, PLLC through this contact form or by calling our office.