You send your child off to school every day, trusting that the teachers and administrators who have charge of them will protect them. If your child has been a victim of bullying, their school has failed to live up to that responsibility, and you can't be shy about holding it accountable.
The thing is, schools don't just have a moral imperative to protect your child from bullying, though that's certainly true. It isn't just an ethical duty or “the right thing to do.” In Rhode Island, they are legally bound both to respond to bullying incidents and to prevent bullying from happening in the first place. This means that under the law, you have the right to sue for any damages your child and your family may have suffered as a result of bullying.
Filing a lawsuit is never a simple proposition, and taking on a school district can be particularly daunting. You need the right help to do it. The Lento Law Firm's Student Defense Team was founded to help protect the rights of students and their families. We're focused on educational law; we know the Rhode Island education system, and we've helped hundreds of other students get the justice they deserve.
We're always on your side. If your child is being bullied, don't wait. Call 888-535-3686 today, or contact us online.
Your First Priority
Here's the very first thing you need to know about bullying: it can be incredibly harmful, and the negative effects can last a lifetime. Some parents and even some educators try to minimize the dangers. They might refer to it as “just teasing,” for instance, in an effort to make it sound less serious— “nothing but a little harmless fun,” “kids are kids.”
Teasing, harassment, bullying: whatever it's called, it necessarily interferes with learning. Kids can't concentrate on learning how to multiply fractions when they're worried about vicious rumors floating around school or what might happen to them in the lunchroom. The effects of bullying can run much deeper, though. Victims can become anxious or depressed. They may lose interest in school. In the worst cases, they can develop PTSD symptoms.
In what follows, you're going to get lots of information on how to hold schools and school districts accountable when bullying occurs. That's important: you should never have to shoulder the emotional and financial burdens of bullying all by yourself. You can't wait for a lawsuit to work its way through the court system, though. If your child is bullying, you must act now, and you must act decisively.
Of course, you should never take the law into your own hands. Never retaliate against a bully or their family. Never encourage your child to respond to bullying in kind. That said, you must do whatever is necessary to protect your child, and that means putting a stop to bullying the very moment you discover it's happening.
- Start by contacting your child's school. Teachers and administrators are legally bound to intervene when bullying occurs. There are exceptions, but most take bullying very seriously and will take action immediately.
- If your district isn't acting quickly enough—or not at all—you may need to contact the Rhode Island Department of Education. They can bring legal and financial pressure to bear in the short term. The U.S. Department of Education offers numerous anti-bullying resources as well.
- If nothing else is working, you may need to take your child out of school, at least temporarily. The bottom line is they need to be removed from the situation, whatever that requires.
- In the most serious cases, you may also need to contact local law enforcement, especially if the situation has become violent or is threatening to become violent.
If you're not sure what to do or if you're feeling overwhelmed, don't forget that the Lento Law Firm is here to help in whatever way we can. Yes, we can represent you if you're filing litigation, but we can do so much more. We know how to talk to you when you need your school to act quickly, for instance, and we know exactly what to say. Don't wait to act, and don't try to handle things all on your own. Contact the Lento Law Firm at 888-535-3686 or tell us about your issue now.
Rhode Island Anti-Bullying Laws
We've already mentioned that Rhode Island requires school districts to protect students from bullying, and it's a matter of law. What does the law say exactly?
Rhode Island's anti-bullying legislation is among the strictest in the nation. School districts aren't just required to follow state mandates in creating their own policies. They aren't even allowed to create their own policies. Rather, they must follow a policy developed by the State Department of Education.
That policy sets the processes and procedures all schools must use in responding to bullying incidents. For example, it identifies who may report bullying, and it outlines how reports should be handled. It describes how investigations should be conducted. It sets the range of disciplinary sanctions schools can use to punish perpetrators.
The state's policy doesn't just require districts to respond to bullying, though, after the fact. It also requires that they take steps to prevent bullying. District personnel are instructed to create a positive “school climate.”
- Schools must take “reasonable measures” to prevent bullying, including staff development, workshops for parents, and student assemblies.
- All staff must model “courteous behavior” to other staff, students, and campus visitors.
- Schools must hold students and parents accountable for courteous behavior on school grounds or during any school-sponsored event.
- The bullying policy must be distributed to students, staff, and parents; it should be included in student handbooks, and it should be displayed on district websites.
Obviously, the law works to protect your child. It also sets specific standards that school districts must meet. When a district isn't meeting those standards, these laws create a path to litigation. If your district isn't doing enough to prevent bullying, or it hasn't followed state-mandated procedures in response to bullying, the law provides you with the legal means to hold it responsible for its failures.
Rhode Island Bullying Definition
The law also includes a clear, concrete definition of bullying. This can be important in establishing the grounds for a lawsuit. Your first job is to demonstrate that bullying actually occurred.
Rhode Island's definition of bullying includes three parts.
First, it describes the various means through which bullying can be said to occur: “written, verbal or electronic expression or a physical act or gesture or any combination thereof.”
Next, it identifies bullying in terms of its results.
- Physical or emotional harm or damage to property
- Reasonable fear of harm or damage to property
- Creation of an “intimidating, threatening, hostile, or abusive” educational environment
- Infringement of a student's right to participate in school activities
- Disruption of education or the “orderly operation” of the school.
Finally, the definition sets limitations on school jurisdiction when it comes to bullying. In order for schools to bear responsibility, bullying must occur
- On school grounds
- During a school-sponsored event
- On school transportation
- At a school bus stop
- Using school property
Acts that substantially disrupt the education environment also qualify. This last is particularly important. While Rhode Island's state policy speaks specifically to cyberbullying as a particularly harmful form of bullying, it does not explicitly say when schools must step in to prevent cyberbullying. If your child's education is impacted by a social media post or a hurtful text, though, the law does suggest this qualifies as the school's responsibility.
Rhode Island's Liability Laws as They Apply to Bullying
It's important you understand that bullying as such is not a criminal act in Rhode Island. The law does not prescribe criminal penalties for those who participate in bullying. Instead, it dictates how schools must deal with bullying. The state anti-bullying policy does include a list of possible penalties schools can use to punish students who bully, but those penalties are not criminal in nature. In short, students can't wind up in jail just for bullying.
The law creates certain responsibilities for school districts, though. You can't hold school districts or personnel criminally responsible for bullying either, of course. You can hold them civilly responsible, though, when their negligence causes harm. You can file suit in civil court for any damages a school's negligence may have caused your child.
Not only does the law create a burden for districts, but it specifically allows citizens to sue government entities like schools for their torts (mistakes). Schools must, for example,
- Properly monitor classrooms, cafeterias, and playgrounds for bullying
- Take immediate action to stop a bullying incident
- Separate students who are known to be bullying from their bullying victims
- Protect bullying victims from further acts of bullying
- Implement proper anti-bullying policies and procedures
- Follow outlined school procedures on complaints of bullying
- Investigate bullying complaints thoroughly
- Prevent retaliation for bullying complaints
When they don't, and something bad occurs, they're guilty of negligence and can be held accountable.
You should be aware that, with some exceptions, Rhode Island tort law sets a financial cap on government liability for damages of $100,000. Your child and your family deserve compensation, though, if your school allows bullying to take place, and you should never be shy about demanding it.
Rhode Island Private School Liability to Bullying Victims
Rhode Island is somewhat unique in that its Department of Education anti-bullying policies apply not just to public schools but to private schools as well.
In Rhode Island, the Department of Education must approve the creation of any school in the state, including charter schools, technical schools, and private day schools. As a result, the department exercises authority over all educational programs.
If your child has been bullied at their private school, then you can hold their school liable just as you would any public school.
Federal Anti-bullying Laws Supporting Liability
In addition to state law, federal law offers some protections for students who experience bullying. Unfortunately, there is no federal legislation barring “bullying” itself. However, there are laws that prohibit “harassment” in educational programs when that harassment is directed toward specific protected groups. For example,
- Title IV prohibits discrimination on the basis of race, color, religion, sex, or national origin. It applies to any education program that receives federal funding. Note that “discrimination” has been taken by U.S. courts to include “harassment.”
- Title IX specifically bars sexually based discrimination. In recent years, Title IX has been expanded to include homosexual and transgender students as well.
- Section 504 of the Rehabilitation Act of 1973 guarantees equal access to public education to students with disabilities. Here again, harassment is necessarily prohibited under this act since it always interferes with a student's “equal access.”
While “harassment” is not always synonymous with “bullying,” it is almost always a component of bullying. Thus, in some circumstances, federal law can also be used to protect your child.
It can sometimes be more difficult to file a federal lawsuit than a state lawsuit. As with bullying, you must be able to prove that harassment occurred. You must also be able to prove that your child is a member of a protected class of individuals. Finally, though, you must be able to prove that the harassment was based on that protected status. That's not always easy.
Whatever your particular situation, you can count on the attorneys at the Lento Law Firm to sit down with you and discuss your case in full. They'll listen carefully, and they'll advise on the best course of action, whether that involves state or federal litigation.
Compensation for Bullying Victims in Rhode Island
What does justice look like in a bullying case? Hopefully, your school district will punish any offenders appropriately. Again, though, you cannot hold anyone criminally responsible.
Justice isn't always about criminal punishments, though. Another important form of justice is so-called “restorative justice.” This means justice that seeks to remedy a situation and return things to a state more like they were before any damage was done.
In most cases, restorative justice is concerned with “compensation.” That is, if you and your family have suffered damages as the result of someone's negligence, you have the right to demand compensation for the money you spend to repair those damages.
In the case of bullying, for instance, you may have needed to pay
- Medical expenses
- Therapy or counseling expenses
- Money to replace damaged items like computers, clothes, book bags, or glasses
- Money for lost wages if your child has a job or lost earning potential if the bullying could affect their future ability to work
Damages don't always involve out-of-pocket expenses. As we've already discussed, the effects of bullying can be deep and long-lasting, and they aren't always easy to quantify. Your child may have suffered.
- Pain and suffering
- Mental and emotional distress
- Embarrassment
- Humiliation
- Fear or fright
- Shock
- Loss of enjoyment of life
Your child and your family have the right to compensation for these impacts as well. Your Lento Law Firm attorney can work with you to determine a fair settlement, one that allows you to recoup all of your losses.
Pre-suit Steps for Rhode Island Bullying Victims
A lawsuit is a serious undertaking, and you need to prepare your case carefully. What does that mean in concrete terms?
- First, you need to make sure you are cooperating fully with your school district. That starts with promptly reporting any time your child is bullied. You cannot expect your child's school to stop bullying if it doesn't know bullying is taking place.
- Likewise, you need to participate in any investigations or hearings. Your child's school is required to conduct such an investigation, but it can't do that properly without your help. In terms of litigation, you can't hold a school or district responsible for its lapses if you've helped to cause those lapses.
- If necessary, contact state and local authorities. If your district fails to act, you need to take whatever steps are necessary to protect your child. In addition, a civil court will want to see that you took the danger seriously and acted appropriately.
- Finally, you should document absolutely everything. For example, have your child write a narrative of what happened to them. Make your own list of what the school did or didn't do to prevent and respond to the incident. Make careful notes about any communication you have with the school. All of this can be vital to your case.
It's not always easy living up to all these responsibilities. Reporting bullying and participating in an investigation can be scary, for example. The law provides you and your family with some important protections, though. Your school is required to prevent retaliation against you. In addition, you can count on the Lento Law Firm's Student Defense Team to help you at every step of the way.
Pursuing a Rhode Island Civil Action on Behalf of a Bullying Victim
Once you've laid a proper foundation for a civil suit, your Lento Law Firm attorney will begin the process of filing that suit.
- First, they conduct a pre-suit investigation. They collect all available evidence and decide what is relevant and admissible.
- Next, they spend time researching the law and using the evidence to draft an official complaint. Complaints must be filed in the proper court, and there are often strict time limits on filing. Your Lento Law Firm attorney will make sure nothing goes wrong at this stage that might derail your action.
- Your attorney then issues an official summons to any district personnel with knowledge of the incident. These officials are required to offer depositions, providing all the information they may have about the case. You will also be deposed. Your attorney will be at your side throughout the process, though, to help you answer questions and to make sure your rights are protected.
- Throughout the pre-trial process, your attorney will conduct negotiations with the school district on your behalf. Most civil cases don't actually make it to court. It's your attorney's job, though, to make sure that any settlement is in your best interest and provides you with fair compensation.
- If your case does ultimately go to trial, your attorney represents you in all matters. For example, they make opening and closing arguments, they submit evidence, they examine and cross-examine witnesses, and they respond to defense arguments.
- Once the case is decided, your attorney will either collect the settlement for you or work with you to file any appeals.
Defending Disciplinary Charges Against a Bullying Victim
It sometimes happens in bullying cases that victims wind up accused of misconduct. It's not easy being victimized, and understandably, students sometimes retaliate against their bullies. Bullies and their families sometimes accuse victims as a way of deflecting blame from themselves or minimizing their own actions. School districts that can't properly sort out what happened sometimes wind up blaming everyone.
Whatever the reason, if your child is facing disciplinary charges as a result of a bullying incident, the Lento Law Firm can help. While we are highly experienced courtroom attorneys, we also know how to protect students during school investigations and hearings. We can, for instance,
- Respond to any complainants on your behalf
- Document what happened and make sure the school has all the facts
- Help prevent the situation from escalating
- Respond directly to any disciplinary complaints made against your child
- Represent your child during investigative meetings and hearings
- Hold the district accountable for following its own policies
- Negotiate with school and district officials to come up with fair resolutions
- Use additional channels to pressure the district, such as the D.C. Office of the Superintendent
When it comes to educational issues, the Lento Law Firm is a full-service firm. We can help you get compensation, but we can also handle virtually any problem your child might be having with their school.
Helping Your Student Avoid Rhode Island School Bullying
Finally, before we end this guide, it's important to point out that stopping bullying before it occurs is always better than having to put the pieces together afterward. As they say, an ounce of prevention is worth a pound of cure. What can you do to help stop bullying at your school?
- Talk to your kids about bullying. Make sure they understand what bullying is and what kind of consequences it can have. In addition, make sure they aren't participating in bullying themselves, even in retaliation.
- Report all instances of bullying, whether it's happening to your child or to someone else. All faculty and staff at your school should be trained to deal with reports, and you should expect the school to act promptly to solve the problem.
- Support your child. Take their complaints seriously. Recognize just how serious bullying can be, and help them respond appropriately to the situation.
- Encourage your kids to talk to their friends about bullying. When students understand what kind of damage bullying can do, they are more likely to create an accepting atmosphere at their school.
Premier Representation for Rhode Island Bullying Victims
The Lento Law Firm was founded to help students. We know the law, we know the Rhode Island education system, and we're highly experienced. You can count on the firm's Student Defense Team to do everything in our power to protect you and your family and to hold your district accountable if it's been negligent.
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.
