Litigating Against Alabama Schools: Bullying Victims

No child should ever have to experience bullying in any environment. Certainly, students should be safe from intimidation and harassment when they're at school. The damage bullying can do has been recognized for several decades by education experts. In response, the federal government has developed an aggressive anti-bullying campaign. And most states, including Alabama, have passed laws in recent years to prohibit bullying.  

Unfortunately, these measures aren't always enough. Bullying still happens every day in schools all across Alabama. When it does, what rights do you have as a parent? How can you protect your child, and how can you repair the damage that bullying can certainly do?  

When you need to hold people responsible for their actions, sometimes it becomes necessary to file suit against them. This can be important for recouping any losses you may have sustained because of their actions, but more importantly, it can serve as a reminder to them that it's never acceptable to cause harm to others. 

If you've decided to hold your school district liable for their actions or their negligence, you need the very best legal help you can get. That's always going to be the attorneys at the Lento Law Firm. The firm's Student Defense Team is focused on helping students get the fair treatment they deserve. We know the law as it applies to education, and we're experienced working in the Alabama education system. What can we do to help you and your family? Call 888-535-3686 today to find out. Or use our automated online form. 

The Problem of Bullying in Alabama Schools 

We only just said it, but it bears repeating: bullying can do real harm to children. Of course, it disrupts learning, which is what business schools should be about. Beyond that, though, it can have lasting physical, emotional, psychological, and social impacts. A person can carry around the scars of bullying for the rest of their lives. They can come to fear school. They can lose the ability to trust others. They can develop PTSD. 

You'll find lots of good information below about how to hold school districts and district personnel accountable when they allow bullying to occur. Accountability is important. It's secondary, though, to the health and safety of your child. If your child is being bullied, you can't wait for a lawsuit to work its way through the courts. You must act now. How do you do that? 

• Start by contacting your child's school. You'll find that most teachers and administrators act quickly as soon as they know there's a problem. 
• If, for some reason, your child's school doesn't take immediate action, try contacting state or federal education authorities. Often, the Alabama Department of Education can exert pressure and force a district to act.  
• It can sometimes become necessary to remove your child from school, at least temporarily.  
• In some extreme cases, it can become necessary to contact law enforcement to deal with the problem.  

It can be stressful trying to deal with a threat to your child. Remember, though, that you aren't alone. The Lento Law Firm is always on your side. We're ready to make phone calls on your behalf and to remind your district of its responsibilities. We're only a phone call away at 888-535-3686. Or you can always contact us using our automated online form. 

Alabama Anti-bullying Laws 

The tale of Alabama anti-bullying legislation is one of those good news-bad news stories. Let's start with the good news.  

The good news is that Alabama law does prohibit bullying in public schools. Section §16-28B of the Alabama Code, a law known as the Jamari Terrell Williams Student Bullying Prevention Act, clearly prohibits “bullying, intimidation, violence, or threats of violence” in public schools (§16-28B-4).  

The law doesn't just bar bullying, however. It also puts the onus on school districts to respond to bullying incidents and to develop preventative measures to stop bullying before it starts. The law tasks districts with 

• Promoting a bullying-free environment; 
• Developing educational programs to encourage students to report bullying; 
• Discussing bullying with students at the beginning of every school year;  
• Making resources available for dealing with bullying; 
• Regularly convening student-faculty committees to address bullying issues; 
• Reporting bullying statistics to the Alabama Department of Education 

In other words, you are within your rights to hold bullies responsible for their actions, but you are also within your rights to expect the school district to do everything in its power to ensure your child never becomes a victim. 

Alabama Bullying Definition  

The first step in holding someone liable for their negligence in preventing bullying is to prove that bullying occurred. That means meeting Alabama's definition of bullying. That definition contains several important qualifying criteria: 

• “The bullying must be intentional. 
• The bullying must constitute a “continuous pattern” of behavior. 
• The bullying must take place on school property, on a school bus, or during a school-sponsored event. 
• The bullying can take the form of cyberbullying, written, electronic, verbal, or physical acts.” 

The law further identifies several specific examples of “patterns of behavior” that might be classified as bullying: 

• “Any action that places a student in reasonable fear of harm to their person or their property; 
• Any action that “substantially” interferes with a student's “educational performance” or in any way prevents them from obtaining equal educational opportunities; 
• Any act that interferes with the normal operation of the school; 
• Any act that creates a “hostile environment” at the school; 
• Any act that is “severe, persistent, or pervasive enough to create an intimidating, threatening, or abusive educational environment for a student.” 

Alabama's Liability Laws as They Apply to Bullying 

So far, so good, but remember we said there was good news and bad news? As we've already mentioned, the good news is that state law prohibits bullying. The bad news is that options are limited regarding holding your district liable for the consequences of bullying.  

The reason options are limited has to do with Alabama's sovereign immunity law. In simple terms, the Alabama government cannot be a defendant in any state liability lawsuit. There are no exceptions. You cannot sue any government entity, and, importantly, that immunity extends to local school boards.  

However, this does not mean you have no options when it comes to recovering damages. In fact, there are two options.  

• You can hold individuals responsible if they fail to respond appropriately to a bullying incident. 
• In some cases, you may be able to file suit against your district in federal court. 

Holding Individuals Responsible for Bullying 

While Alabama law prohibits lawsuits against government entities, it does allow for suits against individual government employees when they fail to do their jobs properly. This means that if a teacher, administrator, or staff member is negligent when it comes to bullying, you may be able to hold them accountable for that negligence. 

Negligence can come in many forms. School district personnel have many responsibilities, for instance, such as 

• Monitoring classrooms, cafeterias, and playgrounds for bullying; 
• Taking immediate action any time they are aware of bullying; 
• Separating students known to be bullying from bullying victims; 
• Protecting bullying victims from further acts of bullying; 
• Following all school procedures for dealing with bullying complaints; 
• Investigating all allegations of bullying thoroughly; 
• Preventing retaliation in response to bullying allegations. 

State law is clear when it comes to bullying. Educators are obligated to respond to bullying incidents and to do what they can to prevent bullying in the first place. Any educator who fails to live up to these obligations can and should be held responsible for their negligence. 

Federal Anti-bullying Laws Supporting Liability 

While you cannot sue an Alabama school district in state court, you can sue in federal court. However, there are some important limitations to this ability that you need to understand.  

First, despite the fact that the government is fully committed to stopping bullying in public schools, there are no federal laws that prohibit bullying in public schools. What this means is that you cannot file a suit in federal court against your child's school district simply because your child was bullied.  

There are a number of federal laws that deal specifically with “harassment,” and harassment is often a component of bullying. This means you might be able to hold your district to account if your child is harassed in violation of one of these laws. For example, 

• Title IX prohibits all forms of sexually-based harassment at any educational institution that receives federal funds.  
• Section 504 of the Rehabilitation Act of 1973 guarantees students with disabilities equal access to public schools and further protects these students from discrimination. When discrimination—including harassment—does occur, schools can be held responsible both for failing to prevent it and for failing to respond appropriately. 
• Title IV prohibits public schools from any form of discrimination based on race, color, religion, sex, or national origin.  

Keep in mind that these laws don't just prohibit schools from practicing discrimination themselves. They also create a burden for schools to prevent other students from practicing discrimination, and, unlike Alabama's anti-bullying laws, they hold them liable when they don't.  

However, as these laws suggest, in order to file a lawsuit alleging that your school district was negligent in preventing harassment, you must be able to prove certain conditions. 

• First, you must prove the harassment in question had to do with race, color, national origin, religion, sex, disability, or some other protected status.   
• Second, as with all liability cases, you must prove that your school or district was in some way negligent in performing their responsibilities. 

Bullying in itself doesn't necessarily rise to the federal legal definition of “harassment.” It's not always easy to prove either of these conditions. However, a federal lawsuit over harassment does offer one path to getting the compensation you and your family deserve any time you've suffered from bullying. 

Alabama Private School Liability to Bullying Victims 

While Alabama state law is clear when it comes to defining school districts' responsibilities to stop bullying, the law says nothing about private schools. This not only makes it difficult to file suit against such schools for negligence with regard to bullying, but it can make it difficult to force them to investigate incidents or implement preventative measures.  

Again, however, this does not mean you have no options. There are ways to protect your child if they attend a private school.  

• While Alabama law does not hold private schools accountable for bullying, there are a number of laws that prohibit many of the behaviors associated with bullying. The law bars assault, for instance, as well as battery, invasion of privacy, defamation, and the infliction of emotional distress. If your child has suffered any of these as part of their bullying, you can hold the perpetrators and the school itself liable. Further, because private schools are, by definition, not public entities, Alabama's sovereign immunity laws do not apply.  
• Many private schools receive federal funding in one form or another. This means that they are liable for following federal anti-harassment laws. Just like public schools, you can sue your child's private school in federal court if it doesn't enforce these laws. 

Compensation for Bullying Victims in Alabama 

A lawsuit is a serious undertaking. It's not an easy process, and it can take time. However, bullying almost always causes damage to victims, and you should not have to bear the burden of that damage yourself. A lawsuit is the best path to recouping any losses your child or your family has suffered. That begins with “compensatory damages.” 

The whole point of a lawsuit is to get financial compensation for your losses. Those losses can be direct, money that you can quantify with a receipt, such as 

• Out-of-pocket medical expenses; 
• Therapy or counseling expenses; 
• Money required to replace damaged items like book bags, computers, clothes, or glasses; 
• Lost wages if your child has a job and/or loss of earning potential if the bullying affects their future ability to work. 

Damage isn't always direct, though. Bullying can have a number of indirect effects on your child. For instance, your child may have experienced: 

• Pain and suffering 
• Mental and emotional distress 
• Embarrassment 
• Humiliation 
• Fear or fright 
• Shock 
• Loss of enjoyment of life 

You deserve compensation for this type of damage as well.  

Finally, juries are also empowered to hold defendants accountable for “punitive damages.” These have nothing to do with compensating you for losses. Rather, they are designed to punish persons for their negligence and serve as a deterrent to prevent others from committing the same kind of negligence. 

Pre-suit Steps for Alabama Bullying Victims 

As should be clear at this point, the path to holding anyone responsible for bullying in Alabama is not an easy one. It can be done, especially if you have someone from the Lento Law Firm's Student Defense Team on your side. You'll want to take some important steps, though, to set up your liability claim. 

Your claim will almost certainly be based on negligence. No school can prevent 100 percent of bullying, and the fact that bullying occurred is not in and of itself grounds for a lawsuit, especially if your school district responded appropriately to events. To build a case, then, you must begin by developing evidence of negligence. Who knew bullying was occurring, for instance? How long did it take them to act? What measures did they take in response?  

Likewise, it's important that you cooperate with school authorities in response to a bullying incident. In order to fulfill its responsibilities, your district may need to conduct a thorough investigation and/ or hold a hearing on the matter. If you refuse to cooperate with these investigations, you prevent them from doing their duty under the law, and you can't then reasonably claim they were negligent in performing that duty.  

Finally, if your school isn't acting quickly enough in response to an incident, it's also important that you contact the Alabama Department of Education and potentially federal education authorities as well. You want to demonstrate to the court that you have done everything in your power to address the issue. 

While you do have some responsibilities to satisfy before you file a suit, you also have some rights as well. The law is clear: school districts must not only prevent bullying and respond to it appropriately when it happens, but they must also protect those who report bullying. Retaliation and reprisal are against the law. Your district must do everything it can to support your child as a victim, and it must do everything it can to protect your child and your family from further harm. 

Pursuing an Alabama Civil Action on Behalf of a Bullying Victim 

Once you've taken the necessary steps to set up your suit, you'll begin the process of filing the suit itself.   

• Before you do anything else, it's vital that you contact the Lento Law Firm's Student Defense Team. A lawsuit is a complicated affair, especially when you're dealing with a government institution that has sovereign immunity. You must prove the bullying occurred, and that's no easy task. You must further prove someone was negligent in responding to that bullying. You'll likely be asked to make subtle interpretations of the law. You may need to know what the federal law has to say. The Lento Law Firm is the premier firm in the country when it comes to dealing with educational issues. Only we have the background and experience to guide you through the process.  
• Your Lento Law Firm attorney will immediately initiate a pre-suit investigation. In simple terms, they'll gather evidence and sift through it to decide what's relevant and what's admissible.  
• Your attorney's next job is to research and draft a complaint. That complaint must then be filed with the appropriate court, and there are strict deadlines.  
• Once they've filed the complaint, your attorney will then serve a summons on any parties who were involved in the negligence. 
• Throughout the pre-trial period, your Lento Law Firm attorney will be conducting ongoing negotiations on your behalf. The goal of these negotiations is to get you compensation without having to go to trial. Many civil suits are settled before they wind up in court. 
• Next follows a period of discovery. As part of discovery, the court summons those involved in the case and requires them to provide relevant information. As part of this process, you'll be asked to sit for a deposition as well. You don't do this alone, though. Your Lento Law Firm attorney is at your side from start to finish.  
• Finally, just before the trial begins, there's a period during which both sides file motions. Essentially, these motions will dictate how the trial itself is conducted.  
• Of course, should your case wind up in court, you can count on your Lento Law Firm attorney to represent you. They'll make arguments on your behalf, introduce evidence, and examine witnesses. They'll also ensure the court respects your rights. 
• Should you win your case, your attorney usually collects any monies from defendants. Should you lose your case, they'll work with you to determine the appropriate next steps for an appeal.  

Defending Disciplinary Charges Against a Bullying Victim 

Bullying cases can be complicated for another reason as well: because of what they suffer and endure, victims sometimes lash out in response. Or, the facts in the case may be muddied, and your district may simply hold everyone accountable for the incident, including your child.  

Often, then, your attorney isn't just called on to oversee your litigation. They may also need to defend your child from unfair charges. This is yet another reason why it's important to trust your case to the Lento Law Firm. In addition to their courtroom experience, the firm's attorneys are committed to defending students. They've helped hundreds of students respond to all types of charges. And you can expect them to represent your child during school investigations and hearings as vigorously as they represent you in court. That includes  

• “Documenting events and working to prevent the situation from escalating; 
• Ensuring school officials understand the facts;  
• Responding to any disciplinary complaints made against your child; 
• Representing your child during investigative meetings and hearings; 
• Reminding the district of its own bullying policy and making sure it prevents retaliation; 
• Negotiating with school and district officials to come up with fair resolutions; 
• Pursuing additional channels to pressure the district, such as the Alabama Department of Education.” 

Helping Your Student Avoid Alabama School Bullying 

You can count on the Lento Law Firm to represent your child's best interests following a bullying incident. As the saying goes, though, an ounce of prevention is worth a pound of cure. Rather than seek damages after the fact, you are always better off preventing bullying before it happens. How can you do that? 

• Make sure you talk about bullying with your child. Help them understand what bullying is and how to recognize the signs. Steer them away from becoming bullies themselves. And help them understand that responding in kind only complicates a bullying situation. 
• Encourage your child to report bullying. Any teacher, administrator, or staff member can help your child do this. It's important to note, though, that Alabama state law doesn't allow educators to make complaints on your child's behalf. You or your child must make the complaint. 
• Finally, encourage your child to talk with their friends about bullying as well. The more everyone understands what bullying is and how to prevent it, the less likely bullying incidents will arise in the first place. 

Premier Representation for Alabama Bullying Victims  

The Lento Law Firm was founded to help students. We know the law; we know the Alabama education system, and we're experienced. We've helped hundreds of students get the fair treatment they deserve, and we can help you and your family to do the same. 

If your child is being bullied, don't wait. Contact us today at 888-535-3686, or use our automated online form to find out how we can help.