Blog Post

Bullying at School: What Are Your Legal Rights?

  • By Admin
  • 03 May, 2018
School Bullying — Guy Being Bullied in Brookfield, WI

Despite several attempts by school professionals to rally against students harassing and bullying their classmates, the reality still stands that over 25 percent of students are bullied at some point in their educational careers.

If your own child has been bullied by classmates, harassed in hallways, and tormented online (also known as cyberbullying), you've likely spoken with teachers, the school counselor, and even the principal about it. Despite all efforts to end your child's misery, the bullying continues.

What legal rights do you have as a parent to protect your child and gain justice for the cruelty your young one endures every day? Can you sue the school? Can you pursue justice from the bullies themselves? Use this guide to help you receive the legal justice your child deserves.

KNOW ANTI-BULLYING LAWS FOR YOUR STATE

Unfortunately, and most confusingly, every state has their own laws regarding bullying and what constitutes bullying. Some states do not include cyberbullying as a bullying crime, while others have clearly defined terms for what bullying actually is (harassment, intimidation, etc).

To discover what the anti-bullying laws are for your state, contact a personal injury lawyer. With the legal expertise of a lawyer, you can determine what your next step is in finding justice and safety for your school-bullied child.

SHOW PROOF OF YOUR EFFORTS

Record each and every incidence where your child has complained of bullying (and the details of the bullying actions) as well as all attempts you have made to contact the school about the ongoing situation.

All schools are legally obligated to look into and prevent bullying cases. Your lawyer will want proof that you have made your child's instructors, counselors, and higher authorities of the school they attend aware of the situation at hand.

Your lawyer will also want evidence that your child's school has made some type of attempt to protect your child. Tell your lawyer what your child's superiors have done to protect your child, including meeting with the bullying child or children's parents, removing offending students from the school, or arranging counseling for your child.

SUE THE SCHOOL OR THE PARENTS OF THE OFFENDING CHILDREN

Know this: the pain and suffering of your child is real and should be compensated for. Your lawyer will assist you in suing the school district where your child attends due to negligence in protecting your child.

Your lawyer can also sue the parents of the bullies as well, provided you have evidence of who is actually at fault. Online threats and correspondence count as proof of bullying, as do your child's statements of abuse and any witness statements your child can bring forth to prove their cause.

Why sue the bullies and/or school district of your abused child? The reason is simple: your child suffers and may require counseling and therapy to regain confidence, may face having to go to another school to escape bullying, or may request to be homeschooled, which takes time away from your career and home life (loss of wages).

Furthermore, suing those accountable for your child's pain brings to light the injustice your young one endures and gives bullying the attack it deserves. Your child may be reluctant to take such measures at first, but your lawyer will ensure you that bringing justice to your child's situation is the best action and can even prevent future bullying cases.

If your child complains of bullying, take the matter seriously. There are many things you can do to protect your child. With the help of an experienced attorney, you can find justice for your young one and prevent bullying from happening in your area to another unfortunate victim. Schedule an appointment with our experienced legal team at Osinga Law Offices, S.C. today.

Share by: