Bullying remains a pernicious problem in schools across the U.S. Louisiana schools are no exception. You should know, though, that Louisiana schools have an obligation—professional, moral, and legal—to protect your child from bullying. Should they fail in that obligation, you have the right to challenge their authority, to demand they take action, and, if necessary, to call on state and federal authorities to force them to do their jobs. If all else fails, you have the further right to hold your district accountable in civil court. You can ask a judge to provide injunctive relief to put a stop to the bullying. You can also ask the court to compensate you for any damages your child has suffered as a result of bullying.
The Lento Law Firm's Student Defense Team can help. We're on your side, and we have the background, the skills, and the experience to protect you and your family. To find out more about how we can help, call 888-535-3686 or use our automated online form.
The Problem of Bullying in Louisiana Schools
You might hear it referred to by other terms. Parents sometimes call it “teasing,” but that minimizes its harmful impact. “Hazing” is another word that gets thrown around sometimes. “Hazing” suggests it's a perfectly normal activity, a good-natured ritual kids endure that ultimately brings everyone closer together. The fact is, bullying is bullying, plain and simple. In fact, we might go even further and say that it meets the legal definition of the term “harassment.”
Whatever it's called, though, it can have serious long-term effects on those who suffer from it, especially K-12 students. At a minimum, it's a distraction from the business of learning. In the worst cases, though, it can harm students psychologically, emotionally, and even physically. Kids can become withdrawn. Sometimes, they're forced to change schools. They may seek to do harm to themselves or others.
In what follows, you'll find plenty of information on your rights as a parent of a Louisiana student. All of that information can help you hold those who allow bullying to persist responsible for their actions—or their lack of action. Before you read any of that, though, you need to know that your very first job is to protect your child. Legal remedies are all well and good, but you can't always wait for them to take effect. If your child is being victimized, you need to remove them from the situation immediately. There are resources available to help you do that. You can start by contacting your child's school. If that doesn't work, reach out to state and federal agencies. If nothing else works, you may even need to get law enforcement involved.
It's easy to get overwhelmed when your child's safety is involved. So, know too that the Lento Law Firm is here. We can take care of the details for you. We know who to contact, and we know what to say. You can always reach us by calling 888-535-3686 or by filling out our automated online form.
Louisiana Anti-bullying Laws
Let's start by talking about Louisiana's anti-bullying laws. These represent your first line of defense.
Louisiana Administrative Code Title 28 deals with education in the state. It contains a number of provisions that focus specifically on bullying.
- Among these provisions, districts are required to develop policies for dealing with bullying (§337.B.29).
- Districts must provide training for teachers on how to identify the signs of stress in students that typically indicate bullying (§1127.D.1.c).
- Additionally, board members must receive annual training in state law, educational trends, research, and policy as these relate to bullying (§303.B.1).
Bullying is so serious that it's further addressed in Louisiana's revised statutes.
- Louisiana Revised Statute §17:416.20 requires schools to specifically prohibit bullying in their student conduct codes.
- Louisiana Revised Statute §17:416.20 requires students to be educated about bullying: that they know what it is, how it affects victims, and how to deal with it.
These laws don't merely set punishments for those who engage in bullying behavior. They're meant to be preventative. That is, schools and districts in Louisiana are held responsible for making sure bullying doesn't happen. What this means is that any time your child is bullied, the district has failed in its job, and you have a right to demand action and accountability.
Louisiana Bullying Definition
Just how does Louisiana define bullying? §1303.C of Title 28 notes that it is a “pattern of behavior” that can include
- Gestures, including but not limited to obscene gestures and making faces;
- Name calling, threats of harm, taunting, malicious teasing, spreading untrue rumors;
- Physical acts such as hitting, kicking, pushing, tripping, choking, damaging personal property, unauthorized use of personal property;
- Repeated and purposeful shunning or excluding.
The law further specifies that to qualify as bullying, the behavior in question must meet one of the following conditions.
- Causes physical harm to the student;
- Places the student in reasonable fear of physical harm;
- Damages student property;
- Places the student in reasonable fear of damage to property;
- Be sufficiently severe, persistent, and pervasive to create an intimidating educational environment, interfere with the student's education performance, or substantially disrupt the operation of the school.
Finally, note that bullying doesn't just happen on school grounds. Rules and regulations apply to any school-sanctioned activity, including traveling to and from school on the school bus and attending sporting events or other kinds of school-related activities.
Cyberbullying Defined
Louisiana state law further extends to cyberbullying, which Revised Statute §14:40.7 defines as the transmission of electronic textual, visual, written, or oral communication with the malicious and willful intent to coerce, abuse, torment, or intimidate a person under the age of eighteen.
In fact, unlike bullying, cyberbullying is a criminal act, punishable by up to six months in jail and/ or a fine of up to $500.
You should also know that the nature of cyberbullying is that it can occur anywhere, not just on campus. Anyone involved can be criminally charged, and schools can be held responsible if the bullying relates in any significant way to school activities.
Louisiana's Liability Laws as They Apply to Bullying
While Louisiana law makes clear that schools must do everything in their power both to respond to and prevent bullying, it does not specifically prescribe any penalties districts might face when they fail in these responsibilities. For that, you must look to Louisiana liability law.
First, Louisiana Civil Code Article 2320 specifically holds teachers “answerable for the damage caused by their scholars […] while under their superintendence.” It further holds “employers” responsible for the actions of their employees. In other words, you have the right to sue your child's teachers and administrators over bullying. You further have the right to sue the school district itself.
There are some limitations to this Code. Successful litigation requires you to be able to prove
- Negligence
- A causal connection between the negligence and any resulting damage
However, negligence can be defined in a number of different ways. You may have a case, for instance, if you can show that a teacher or administrator failed to
- monitor classrooms, cafeterias, and playgrounds for bullying;
- take immediate action to stop bullying;
- separate students known to be bullying from bullying victims;
- protect bullying victims from further acts of bullying;
- follow school procedures on complaints of bullying;
- investigate bullying complaints thoroughly; and
- avoid and prevent retaliation for bullying complaints.
It is also, unfortunately, the case that teachers and administrators sometimes facilitate, encourage, or even perpetrate bullying themselves. Such cases would move beyond negligence and would instead be subject to Louisiana tort law in Louisiana on assault, battery, invasion of privacy, defamation, or the intentional infliction of emotional distress.
The Lento Law Firm can advise you as to what options will work best in your particular situation. We have a broad range of experience with filing tort claims. The goal is always to make sure that your child is safe and that your district and any individuals who might be responsible for bullying are held responsible. There are many ways to make sure that happens.
Louisiana Private School Liability to Bullying Victims
Louisiana state law makes no mention of private school liability when it comes to bullying. However, even in these cases, there are ways to seek relief.
- Again, Louisiana tort law does apply to assault, battery, and defamation, and often the impact of bullying does fit into one of these categories.
- Cyberbullying is a crime under Louisiana law. Any bullying that takes place via electronic means, including over the internet, via a computer, or using a cell phone, is subject to criminal prosecution.
- The federal government prohibits harassment against protected classes of individuals, including women, minorities, and the disabled. These prohibitions apply at an institution that receives federal funding. Additionally, federal law authorizes civil suits that grow out of such harassment.
Federal Anti-bullying Laws Supporting Liability
The federal government has not yet passed legislation outlawing school bullying despite the large amount of research that has shown what kinds of negative consequences bullying can have. Nor has Washington created any way to recover damages from schools that might have allowed harm to come to students through bullying. As a result, Louisiana law remains your best resource when it comes to pursuing civil remedies.
However, bullying often occurs in relationship to discriminatory acts, and these are, in many cases, prohibited by federal law. For example,
- Title IV bars public schools from all forms of discrimination based on race, color, religion, sex, or national origin.
- Title VI bars both public and private schools from discrimination if they receive any type of federal assistance.
- Title IX prohibits all forms of sexual harassment, including sexual assault, domestic violence, dating violence, and stalking, at any educational institution that receives federal funding.
- Section 504 of the Rehabilitation Act of 1973 guarantees students with disabilities equal access to public schools and protects them from discrimination.
- Title II of the ADA (Americans with Disabilities Act) requires schools to make reasonable accommodations for students with disabilities.
- IDEA (Individuals with Disabilities Education Act) guarantees free appropriate education to students with disabilities.
If you can demonstrate that the bullying your child suffered was related to one of these or other anti-discrimination laws, you may be able to file a civil suit in federal court in addition to state court.
Again, there are some restrictions on such suits.
- To be successful, you must first prove the harassment was related to race, color, national origin, religion, sex, disability, or some other protected status.
- In addition, you must prove that your school or district knew about the discrimination and deliberately chose not to act. That is, you must show they were negligent.
You must meet a higher standard in federal court than in Louisiana. As a result, federal cases can be more difficult to file and more difficult to win. Nevertheless, harassment that violates the law does warrant action on the federal level. Here again, the Lento Law Firm can work with you to evaluate your specific situation and come up with the very best possible means of getting justice for your child and your family.
Compensation for Bullying Victims in Louisiana
What kind of compensation might you be entitled to if your child was bullied at school?
First, you could be entitled to “compensatory damages.” These are meant to “compensate” you for any losses your child or your family may have suffered as a result of the bullying. Compensatory damages can include direct losses, such as
- Out-of-pocket medical expenses
- Therapy or counseling expenses
- Replaced broken items, such as 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
Compensatory damages can also include recompense for the indirect results of the bullying, like
- Pain and suffering
- Mental and emotional distress
- Embarrassment
- Humiliation
- Fear or fright
- Shock
- Loss of enjoyment of life
Even when you can't point to a specific loss or specific damage, bullying can still take a toll on your child, and that toll can last into adulthood, long after the incident itself. You have a right to file suit over these indirect effects, and juries can and do award damages for them.
In addition, a jury can award what's known as “punitive damages” to victims of bullying. These are monies that aren't tied to any particular outcome of the bullying but rather serve as punishment for those who were negligent.
Pre-suit Steps at Louisiana Schools for Bullying Victims
Successful lawsuits don't just happen. They must be built, one piece at a time. If you plan to file a civil suit against a Louisiana school, you need to follow a well-defined process.
First, you need to make sure your child's school is aware of the bullying behavior. There's no question that the school has a responsibility to intervene any time it is made aware of bullying. You cannot allege negligence on the school's part, though, if the school had no idea what was happening.
Your school district is required to conduct a full investigation into any allegation of bullying. Keep in mind, however, that the accused has rights during this process. If you feel your district has not adequately investigated or adjudicated the incident, you have a right to charge them with negligence. However, you also have certain obligations as part of the process. You may be asked to participate in the investigation or in a hearing, and if you refuse to do so, you could be accused of having hindered the district in doing its job.
You must also give the Louisiana Department of Education an opportunity to intervene in the situation at the state level. State law gives the DOE broad authority over all state districts, including the power to use funding to force districts to comply with DOE mandates. Going through these channels will ultimately demonstrate to the court that you take the situation seriously and that you have done everything you possibly can to respond appropriately to it.
You should be aware that you have some important protections throughout this process. Your school and district have an obligation to provide you and your child with resources to respond to bullying. It must also do everything it can to prevent additional incidents and retaliatory actions. You should hold it responsible for meeting these obligations. Failure to do so can be further proof of negligence on the district's part.
Pursuing a Louisiana Civil Action on Behalf of a Bullying Victim
Given how the process unfolds, what can you do in concrete terms to begin preparing your case?
- First and foremost, you must contact the Lento Law Firm. Civil litigation can be enormously complicated. You need someone on your side who understands the process, someone who has experience representing students and dealing with school districts. No one does that better than the attorneys at the Lento Law Firm.
- Once you've retained someone from the Lento Law Firm's Student Defense Team, they'll instigate a pre-suit investigation. In simple terms, they need to gather all the evidence in the case and decide what is admissible and what isn't.
- Next, your attorney researches and drafts a complaint. They file this complaint with the appropriate court. This is a crucial step. Should you file the wrong documents or file your documents with the wrong court, your claim could easily wind up dismissed. Again, you need an experienced attorney, one who understands the Louisiana judicial system.
- Your attorney then serves a court summons—including your complaint—on district officials. This summons will provide a time frame during which these officials have the right to respond.
- Civil cases are frequently settled before they go to trial. Throughout the pre-trial period, your Lento Law Firm attorney will conduct negotiations with the district on your behalf, working to get you the best possible financial settlement.
- A period of Discovery follows the issuance of the summons. District officials must provide you with information relevant to the case. You must provide their attorneys with information as well. Your Lento Law Firm lawyer can accompany you to any depositions and will help you respond to questions.
- Both sides then file any motions, making legal claims as to how the trial should be conducted. Throughout this process, mediation continues.
- If your case does go to trial, your Lento Law Firm attorney represents you at this trial. You empower them to submit evidence, call and examine witnesses, and challenge the various aspects of the district's case.
- Finally, your Lento Law Firm attorney continues working for you even after the trial has finished. If you've won a judgment, they'll likely be involved in collecting any monies you are owed. If, on the other hand, you've lost your case, they can work with you to file any necessary appeals.
Defending Disciplinary Charges Against a Bullying Victim
Bullying victims are under an enormous amount of stress. Their emotional and sometimes physical well-being is in jeopardy. As a result, they sometimes act out, either to protect themselves or to retaliate against the bully. Such actions can complicate the situation. At a minimum, your child might be facing their own set of disciplinary charges.
The Lento Law Firm's Student Defense Team is on your side in these situations as well. We can
- Document what's occurred, help prevent the situation from escalating, and make sure school officials treat your child fairly.
- Answer any disciplinary complaints made against your child and, if necessary, represent them in investigations and at hearings.
- Defend you and your child by reminding the district of its own bullying policies.
- Negotiate with school and district officials on your behalf to come up with fair solutions.
- Use other channels, such as the state Department of Education, to pressure districts into following the law.
Helping Your Student Avoid Louisiana School Bullying
Last but certainly not least, it's worth thinking through some of the strategies that can help prevent bullying in the first place. While you always have a right to hold your district accountable when bullying occurs, if you can avoid problems in the first place, everyone comes out ahead.
- Make sure your own child isn't involved in any bullying. It sometimes happens that children who claim they are being bullied actually instigated events. And even if your child is the one being bullied, it's important they don't retaliate with the same or similar behavior.
- Encourage your child to report any bullying. Your school may have teachers and staff who are specifically designated as resources for students who are being bullied. However, Louisiana law says all teachers must report any knowledge they may have of bullying.
- Finally, encourage your child to talk to their friends about resisting, reporting, and discouraging bullying.
When everyone understands the consequences of bullying, both for victims and for perpetrators, there's less likelihood your child will be involved in an incident.
Premier Representation for Louisiana Bullying Victims
The Lento Law Firm was founded to help students. We know the law; we know the Louisiana education system, and we're experienced. We've helped hundreds of students get the fair treatment they deserve.
If your child is being bullied, contact us today at 888-535-3686 or use our automated online form to find out how we can help.
