Iowa Bullying Victim Representation

One of the most frustrating situations you, as a parent or guardian, have to endure is when your child is bullied at school. Whether it's a one-time event or a continuing course of bullying, you feel as though you need to do something to help your child, even though you know you can't be with them throughout the school day. You have to rely on teachers, administrators, and school officials to put a stop to the bullying, and when that doesn't happen, you may not know what to do next. It's in these kinds of situations that the Lento Law Firm Education Law Team can help. Our experienced attorneys understand Iowa's anti-bullying laws and administrative rules and can help you take steps to put an end to the bullying and, in some cases, compensate your child for their pain, suffering, and other damages. Call the Lento Law Firm Education Law Team today at 888.535.3686, or use our contact form to set up a consultation to learn more about how we can help.

The Problem of Bullying in Iowa's K-12 Schools

Iowa recognized the need for anti-bullying legislation years ago, passing a number of laws in 2007 that define and prohibit bullying in schools and requiring schools to take detailed steps to combat bullying. Despite that, instances of bullying still occur, sometimes with tragic consequences, and parents and students are speaking out against school districts that fail to adequately implement anti-bullying measures. These incidents highlight the need for parents and guardians to pay close attention to how their child is being treated at school and to react quickly when they learn or even suspect that bullying is taking place.

Bullied students are more likely to miss school. They tend to have more learning difficulties than students who aren't bullied. And, of course, bullied students must endure the stress, pain, and humiliation of being bullied, all of which can lead to serious mental health problems. Instances of bullied students who have attempted or committed suicide are tragically not uncommon.

This summary of Iowa's anti-bullying laws and regulations is meant to help parents and guardians understand what their options are when schools don't respond to bullying reports. If, after reading through this, you have questions about your child's particular situation, contact the Lento Law Firm Education Law Team to learn more about how we can help you protect your child.

Iowa Anti-Bullying Laws

The state of Iowa requires school districts and accredited non-public schools to have in place a comprehensive set of anti-bullying policies that apply “on school property, and at any school function, or school-sponsored activity regardless of its location.” These policies must declare that harassment and bullying are “against state and school policy” and are prohibited. They must include reporting procedures and an investigation and enforcement mechanism so that students (and school employees) who engage in bullying can be disciplined.

School anti-bullying policies must also be publicized so that students and parents can learn about the reporting procedures and how the school intends to combat bullying. The Des Moines Public Schools, for example, post the school district's anti-bullying policies on its website along with other student policies.

Iowa's Bullying Definition

Iowa law defines harassment and bullying in basically the same way. Both words cover “electronic, written, verbal, or physical” acts or conduct directed towards a student. Those acts must be based on “any actual or perceived trait or characteristic” of the target student. They must also create “an objectively hostile school environment” that does any one of the following:

• Makes the student fear that they or their property will be harmed; or
• Has a “substantially detrimental effect” on the student's mental or physical health; or
• Substantially interferes with the student's “academic performance”; or
• Substantially interferes with the student's ability to participate in school-related activities.

Including “electronic” acts in the definition expands the scope of the definition considerably. While Iowa's anti-bullying laws apply only on school property and at school-related functions and events, many students with access to social media will use their devices in school and at school events, which can result in bullying taking place both on-campus and off-campus.

There are many types of actions that can fall within Iowa's broad definition of bullying or harassment. These can include:

• Taunting a student, verbally or on social media, for any number of reasons: physical characteristics, sexual orientation, race, religion, and more;
• Threatening to physically harm a student, or actually doing so;
• Damaging or stealing the target student's property;
• Posting false or damaging information about a student or circulating intimate images of the student without their permission.

Iowa Liability Laws Protecting Bullying Victims

Iowa's anti-bullying laws don't create a specific civil remedy for students who have been bullied. That doesn't mean that remedies don't exist. Where a school has failed to react to bullying reports, and the bullying has continued, you may be able to sue the school on your child's behalf for its negligence in failing to implement its own anti-bullying policies. You may also be able to sue the bully – or the bully's parents, because in most cases, the bully is a minor – for the bully's damaging acts directed against your child.

In cases where your child attends a public school, you may have to file your suit within two years of when your child was injured as a result of the school's failure to follow its own anti-bullying policies. In most cases, this shouldn't be a problem because, as a parent or guardian, your primary interest is in bringing a stop to the bullying as soon as possible. In any case, the Lento Law Firm Education Law Team can help make sure you take the proper steps required to bring your suit within the two-year limitations period.

Bringing a Lawsuit Against a School or School District on Behalf of a Bullying Victim

As noted above, if you intend to sue a public entity such as a public school or school district for failing to follow their anti-bullying procedures, you will need to do so within two years of when your child was injured or harmed by the bullying that the school failed to take steps to prevent. This two-year period will also apply in most cases where your child was bullied at a private school and in cases where you are suing the bully's parents for their child's actions.

There may be situations that extend this two-year limitation period, but they would be the exception. The Lento Law Firm Education Law Team can help you decide what your deadline is for filing a lawsuit against a school or a bully on behalf of your child.

Potential Defendants for Iowa Bullying Liability

You may have specific people in mind at your child's school who you believe should be held to account for their failure to properly enforce the school's policies against bullying. Whether or not to name those people in addition to the school or school district itself is a question to be discussed with your attorney. On the one hand, naming an individual school employee in a lawsuit can be an excellent way of focusing their and other people's attention on their failure to effectively implement school policies and the resulting injuries suffered by your child.

On the other hand, unless their actions were willful, it is most likely that the school employees will be indemnified by the school or school district. Your attorney can explain the pros and cons of naming individual defendants based on the facts of your child's particular bullying case.

Iowa Personal Injury Laws Protecting Bullying Victims

Iowa doesn't have specific laws that give bullying victims special rights to sue for their injuries. Most situations where a school has failed to enforce its own anti-bullying procedures (or has failed to implement those procedures in the first place) will be covered by Iowa's tort liability laws. In most cases, the lawsuit will focus on the negligent failure of school employees to enforce the school's own anti-bullying rules.

The specific claims in such a lawsuit will depend on the acts of bullying that took place. They may include assault, battery, defamation (in cases where false information was spread about the student), invasion of privacy (where intimate photos are shared), and intentional infliction of emotional distress. There may also be federal remedies, as discussed below.

In addition, in certain situations, bullying or harassment may cross another line – from bullying or harassment to hate crime. Where a child is assaulted because of their “race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, or disability” or because of the child's association with someone who is part of any of those categories, bullying may be considered a hate crime under Iowa law. Victims of hate crimes are entitled to sue their attacker and recover “general and special damages, reasonable attorney fees, and costs.” Such a lawsuit would be filed against the bully and their parents.

What claims to bring against the school or the bully and whether your child's bullying situation supports a hate crime lawsuit are questions that your attorney from the Lento Law Firm Education Law Team can discuss with you. We'll help you consider all possible remedies that may exist, given the facts of your child's bullying case.

Iowa Private School Liability to Bullying Victims

Accredited non-public schools in Iowa are bound by the same anti-bullying requirements as public schools. As a result, the basis of a tort lawsuit against a private school for failing to properly implement anti-bullying policies is generally the same as with a public school or school district defendant. The Lento Law Firm Education Law Team will work with you to collect all information necessary to help protect your child's right to an educational environment free from bullying and harassment.

Federal Anti-Bullying Laws Supporting Civil Liability

Federal law may also provide civil remedies for students affected by unchecked bullying. Typically, however, these laws require “bullying plus” – bullying plus some other component of the defendant's actions that target some protected aspect of the bullied student. Federal laws that create a “private right of action” for certain types of injuries include the following:

• Section 1983 of the Civil Rights Act of 1964 permits an individual (such as a student) whose civil rights are violated by a government employee (such as a public school teacher or school administrator) to sue for violating the civil rights of the student. These rights include “any rights, privileges, or immunities secured by the Constitution and laws.”
• Title IV of the Civil Rights Act of 1964 provides a private right of action where bullying is based on the “race, color, religion, sex or national origin” of the bullied student.
• Title VI of the Civil Rights Act of 1964 applies to entities – such as most school districts and many private schools – that receive federal funding. It prohibits these entities from discriminating against any individual, such as might be the case where a school looks the other way while a particular student is bullied in a discriminatory way.
• Title IX of the Civil Rights Restoration Act of 1987 is frequently referred to simply as “Title IX.” While many sports fans know about it because of its enormous impact on women's college sports, it also applies in many other areas. In the bullying context, Title IX guarantees students “an educational environment free from discrimination on the basis of sex.” Where bullying takes the form of sexual harassment or assault, a suit based on the school's alleged Title IX violation may be appropriate.
• Section 504 of the Rehabilitation Act of 1973 protects students with disabilities from discrimination by schools. As with Title VI described above, it applies to entities that receive federal funding. Where a disabled student is bullied, and the school fails to take steps to stop it, this provision may provide a civil remedy.
• Title II of the Americans With Disabilities Act prohibits public schools from discriminating against disabled students. Schools are required to provide “reasonable accommodation” to students who have disabilities. In cases where the school fails to provide these, and a student is placed in a situation where they are more prone to being bullied as a result, the student may have a claim against the school.
• The Individuals With Disabilities Education Act mandates that schools offer disabled students a “free appropriate public education,” including services “designed to meet their unique needs.” When a school fails to meet its IDEA obligations and a disabled student is put in situations that encourage bullying, the school may be liable under this law.

Again, these federal statutes all require that there be something else besides the bullying. Either the bullying is focused on a protected aspect of the bullied student, or the school's failure to implement the law results in the student being more exposed to bullying than they would be. Federal private right-of-action lawsuits can be complicated to structure. Fortunately, the experienced attorneys at the Lento Law Firm Education Law Team understand the complexities of applicable federal law and can advise you on whether and how these and other laws can be used to help protect your child.

Compensation for Bullying Victims in Iowa Schools

There are two general types of damages available in most bullying lawsuits: compensatory damages and non-economic damages.

Compensatory damages are designed to repay you and your bullied child for expenses incurred as a result of the bullying. These can include medical expenses, counseling costs, and the cost to repair or replace damaged or stolen goods. In many cases, you may also be able to recover for anticipated future expenses such as physical therapy or future counseling fees.

Non-economic damages cover less tangible damages such as pain and suffering, emotional distress, humiliation, embarrassment, and other types of mental harm. It can be difficult to put a precise dollar amount on these types of damages, but in many cases, the amount that is awarded for non-economic damages is significantly larger than for compensatory damages.

Pre-Suit Steps to Take with Your Iowa School When Your Child is Bullied

A lawsuit should be your last resort when you learn that your child is being bullied. Your first resort should be to the procedures that your child's school has in place for reporting and following up on bullying. Review those procedures and follow them. Make a record of each contact you have with the school about the bullying, whether it's by phone or by email, and whether the school initiates the contact or you do. Record the date, time, who you contacted, and where the conversation was verbal, and write a summary of what you and the school official said.

This may all seem to be a bit much. And in those fortunate cases where the school takes appropriate action, and the bullying comes to a stop, you may not need those records. But if the school fails to follow its own anti-bullying policies, or if the bullying resumes and the school fails to take steps to end it, you'll have a valuable and extremely useful record of your attempts to follow the school's own anti-bullying reporting procedures.

Pursuing an Iowa Civil Action on Behalf of a Bullying Victim

When all else fails, after trying to get your child's school to take effective action against bullying, your best way to get the school to act may be to file a lawsuit. When you get to this point, it can help tremendously to have the advice of one of the experienced attorneys from the Lento Law Firm Education Law Team. Our attorneys understand how difficult these kinds of situations are, and they will advise you based on your child's particular situation.

When a lawsuit is filed, you can expect that most of the following will happen:

• We will prepare, file, and serve a complaint against the school and possibly individual school employees that describes what the school failed to do about the bullying your child experienced and how that has damaged your child.
• If the school attempts to dismiss the complaint (a tactic that is sometimes used), we'll oppose the motion and seek to have the lawsuit move forward.
• There will be a discovery period, where both sides will exchange documents and may depose witnesses. This is where your notes of your repeated contact with the school may be very helpful.
• There may be opportunities to discuss settlement with the school and other defendants. Sometimes, these are initiated by the lawyers; other times, the judge may suggest that the parties participate in a non-binding mediation or settlement process.
• If the case goes to trial, we will prepare accordingly and will represent you and your child. Our goal is always to present the strongest case possible.
• If there is a damages award, we will help you collect it. If there is an appeal after the verdict, we can represent you during that process.

Defending Disciplinary Charges Against a Bullying Victim

Sometimes a child who is being bullied feels they must defend themselves from the bully. Sometimes, a school will bring disciplinary proceedings against the bullying victim for attempting to protect themselves.

The Lento Law Firm Education Law Team regularly helps students across the country who find themselves involved in school disciplinary proceedings. We understand how these policies and procedures work in public and private schools in Iowa and can help your child protect their rights throughout the school disciplinary process.

Helping Your Student Avoid Iowa School Bullying

As noted above, the first thing you should do when you become aware of bullying against your child is to report it to the school so that the school has a chance to follow its own anti-bullying procedures. But you should also talk to your child and make sure they know you understand how difficult it can be for them to be in school on a daily basis with someone (or more than one person) who is bullying them. If your child knows that you're on their side, you are much more likely to hear about the bullying if it continues, and you both will be in a better place to do something about it before it significantly harms your child.

Premier Representation for Iowa Bullying Victims

The Lento Law Firm Education Law Team has helped bullying victims and their families all over the country who are dealing with schools that fail to follow the required anti-bullying policies and procedures. We understand the laws and policies that apply to schools in Iowa and are ready to help you protect your child from bullying that continues despite your efforts to put a stop to it.

Call us today at 888.535.3686 or use our contact form to set up a consultation to learn more about how we can help you and your child. When facing a difficult and chronic bullying situation, don't do it alone! The Lento Law Firm Education Law Team is here to listen and to help.