Litigating Against Schools – Bullying Victims – Arizona

Arizona Bullying Victim Representation

One of the most frustrating and often infuriating things that can happen to a parent is to learn that your child is being bullied at school. And if it seems as though the school isn't doing anything about it, those feelings only intensify. In Arizona, schools K-12 have certain obligations they must meet when it comes to dealing with in-school bullying. But if the school fails to follow those obligations or does a poor job of responding to a bullying situation, you may be able to take things to another level and get legal relief for your child's injuries. The Lento Law Firm is here to help you in these kinds of difficult situations. Our experienced attorneys understand Arizona's anti-bullying laws and can help you get legal relief for your child. Call us at 888.535.3686 or use our online form to set up a confidential consultation to learn more about how we can help.

The Problem of Bullying in Arizona K-12 Schools

Unfortunately, bullying is far from an isolated behavior in Arizona public schools. The 2022 Arizona Youth Survey State Report by the Arizona Criminal Justice Commission reports that more than 25% of the students in grades 8 through 12 surveyed “reported being picked on or bullied on school property,” and almost 40% reported seeing someone else bullied at school.

Bullying and other forms of harassment can ruin the school experience for students, making them afraid to attend school, nervous when they're there, and much more likely than non-bullied students to skip school or quit entirely as soon as they're able. This is why it's important to take action if your child is being bullied and the school appears to be doing little to put a stop to it. Sometimes, it takes a concerned and persistent parent (or guardian) to get school officials to do what's necessary when bullying or harassment is happening on campus.

Arizona Anti-Bullying Laws

Arizona has several anti-bullying laws that apply to public and charter schools. One law requires schools to create policies to address “bullying, harassment or intimidation.” Those policies must include a number of features, including:

• “Definitions of harassment, intimidation, and bullying;”
• A confidential way for parents, students, and others to report bullying and similar types of behavior;
• A requirement that school employees report suspected bullying and harassment;
• A written set of “rights, protections and support services” available for students, which must be given to students at the beginning of each school year;
• A procedure in place that provides the student who is the “alleged victim” of bullying or harassment a copy of those “rights, protections and support services” that are available to the student;
• A “formal process for documenting” allegations of bullying and harassment;
• An investigation process for administrators to follow when looking into allegations of bullying or harassment;
• Disciplinary procedures for students who are found to have been bullying or harassing other students;
• Procedures to help students physically harmed by bullying;
• Consequences for making false bullying reports.

In addition to bullying, Arizona also prohibits hazing, which can be thought of as a more organized form of bullying or harassment. According to Arizona's legislature, hazing involves “knowingly or recklessly” coercing or forcing a “minor or student” to “engage in or endure” any one or more of a range of humiliating or potentially physically or mentally harmful actions in connection with the student becoming affiliated with an organization. Unlike Arizona's anti-bullying laws, which are, for the most part, left to schools to enforce, hazing is a class 1 misdemeanor; if the student dies as a result, it's a class 4 felony. And even being involved in the planning stages of hazing is a class 2 misdemeanor.

Arizona's Bullying Definition

The Arizona Criminal Justice Commission Youth Survey State Report defines bullying as “a form of aggression, often expressed through physical or psychological harassment, which can lead to feelings of being unsafe and to increased absences.”

The Arizona Department of Education uses a four-part definition:

• “Unwanted aggressive behavior” that involves an “observed or perceived power imbalance;”
• Done by a “youth or group of youths” to another youth (except youths who are siblings or current dating partners);
• That happens “multiple times” or that is “likely to be repeated;”
• And that causes “harm or distress” to the child who is targeted; this can include “physical, psychological, social, or educational harm.”

The Arizona legislature, however, has left it up to each school to say exactly what bullying means. As noted above, as part of each school's obligation to adopt and enforce anti-bullying and harassment procedures and policies, the school is required to define what “harassment, intimidation, and bullying” mean when those terms are used as part of that school's written policies and procedures.

Arizona Liability Laws Protecting Bullying Victims

Arizona doesn't have any laws that specifically permit students or their parents to sue schools or school administrators who don't implement or properly enforce Arizona's anti-bullying requirements. That said, Arizona law also doesn't specifically state that schools and school officials are immune from suits where they've failed to take the required steps to help protect a student against bullying.

In fact, a school district and “its officials and employees” may be “immune from civil liability” – that is, from lawsuits seeking damages – where they have acted in good faith to implement Arizona's requirements relating to anti-harassment and anti-intimidation. However, that law doesn't specifically exempt them from liability where bullying is concerned. And even where the law does grant them immunity, that doesn't apply in cases of “gross negligence or wanton or wilful neglect.”

Our experienced attorneys can investigate your student's bullying situation to determine whether and to what extent a lawsuit against a school district and school officials may be an effective way to get the school to follow Arizona's anti-bullying requirements and to provide your student with compensation for their failures to do so.

Arizona Governmental Liability Laws Protecting Bullying Victims

Before you can bring a lawsuit against a school district or school official in Arizona, you need to make a claim against them first in which you explain what your claim is, what the basis of the claim is, and where you ask for a “specific amount for which the claim can be settled and the facts supporting that amount.” This procedure gives the school district or school officials an opportunity to resolve the matter without going to court by meeting your demand. Of course, in many, if not most cases, they won't agree to your demand. If they don't respond to your claim within 60 days of when you serve it on them, it's deemed denied, and you can then move forward with a lawsuit.

The claim must meet certain requirements, or you may lose the ability to sue the school district or school officials entirely. The most important thing to understand is the relatively short time frame you have in which to bring your student's claims against schools or school officials. You have 180 days from the date the “cause of action accrues” in order to file your claim; if you file too late, your claim is “barred, and no action may be maintained thereon.”

So what does it mean for a “cause of action” to “accrue”? That happens when the person who's been hurt “realizes he or she has been damaged” and knows or should know the source of the harm that damaged them.

Notably, however, a “minor” – such as a student under the age of 18 – has until 180 days after they turn 18 to file their claim. But where bullying is concerned, the main goal is to get the school to enforce its anti-bullying policies as required by state law so that your student can gain some peace of mind and attend school in an environment where they don't have to be frightened or worried. So, the sooner you make your claim, the better off your child is likely to be.

Potential Lawsuit Defendants for Arizona Bullying Liability

The most likely target of a lawsuit for failure to implement or enforce the legally required anti-bullying policies and procedures is the school or school district, depending on the particular case. In some circumstances, individual members of the school or school district administration may also be named as defendants, though depending on the situation, they may be immune from suit. But because the selection of who to sue can get complicated, you'll be helped greatly by working with one of the experienced attorneys from the Lento Law Firm. We can help you understand what kinds of claims are most appropriate given the particular situation involving your student, the school, school officials, and the individuals who are responsible for the bullying.

Arizona Personal Injury Laws Protecting Bullying Victims

There isn't a specific Arizona law that identifies bullying as a type of personal injury that you can sue someone else for. That doesn't mean you can't sue the school for its failure to have effective policies and procedures in place to help prevent bullying or that you can't sue it for negligently administering those procedures. If school officials were notified about bullying and failed to take the proper steps to stop it, the school may be sued for negligence. For instance, the school could be liable to your child for any harm that they suffered as a result of continued bullying if school personnel failed to take any of the following steps after they learned (or should have known) that bullying was taking place:

• Monitoring classrooms, hallways, locker rooms, and recreation areas for bullying;
• Separating students reported for bullying from bullying victims;
• Thoroughly investigating bullying complaints;
• Intervening immediately to stop bullying when notified that it was taking place;
• Protecting bullying victims from further bullying;
• Following school procedures when complaints about bullying were made;
• Taking steps to prevent alleged bullies from retaliating after complaints had been filed.

It's not unknown for school personnel to be involved in bullying, and in those cases, you might have claims against them in addition to the school. Depending on the nature of the bullying, these could range from tort (or civil damage) claims for assault, battery, intentional or negligent infliction of emotional distress, and others. In some cases, you may also be able to sue the student who inflicted the bullying on your child or even their parents if the parents were aware of the bullying and didn't take steps to bring it to an end.

The Lento Law Firm's experienced attorneys can help you understand what your options might be to help your student protect their right to attend school without being bullied and to recover for the harm they've suffered due to past acts of bullying or other types of harassment at school.

Arizona Private School Liability to Bullying Victims

The laws we've been discussing up to this point do not apply to private schools in Arizona. You don't need to file the claim notice before bringing suit against a private school, but you still need to be able to identify your claim and make sure you sue the right defendants. Our skilled attorneys can help you evaluate your student's situation and determine what their claims might be and who to bring them against when your student has been bullied at a private school in Arizona.

Federal Anti-Bullying Laws Supporting Civil Liability

Just as Arizona doesn't have a specific law that provides a remedy for bullying, federal law doesn't either. In most cases, you need to rely on Arizona tort law to help your child recover against schools in bullying situations. In some cases, however, acts of bullying may include acts of discrimination that federal laws prohibit, though in most cases those federal laws can't be enforced by private individuals. Sometimes, however, a federal law may create what's called a “private right of action,” meaning that you are able to sue in federal court for monetary damages based on a violation of that law.

Some of the federal laws that do create a private right of action and that may apply in bullying cases include:

• The Civil Rights Act of 1964. Title IV of this act protects students against discrimination based on race, color, religion, sex, or national origin. Title VI of this act protects against similar types of discrimination in any school, public or private, that receives federal financial assistance.
• Title IX of the Education Amendments of 1972 protects against acts of sexual violence and harassment in any school that receives federal funds.
• Federal laws such as the Rehabilitation Act of 1973, the Americans with Disabilities Act, and the Individuals with Disabilities Education Act provide a range of discrimination protections for students with disabilities.

Not all types of bullying are going to support a lawsuit under federal law, however. There needs to be some connection between the acts that make up the bullying and your child's race, color, religion, sex, national origin, or disability. In most cases, you'll also need to show that their school was aware of the discriminatory bullying but ignored or failed to act on the bullying report or reports, to the detriment of your child's civil rights.

Federal civil rights law, particularly when it's intertwined with actions that took place at school, can be complicated. In the right circumstances, however, it can be a powerful tool to help remedy both bullying and discrimination against your child. The attorneys at the Lento Law Firm can help you understand whether your child's bullying situation may be one that may provide a “private right of action.” Contact us to learn more about how we can help.

Compensation for Bullying Victims in Arizona Schools

Your child's lawsuit against their school for failing to properly follow Arizona's anti-bullying requirements and for causing your child to suffer harm may entitle them to two different types of damages.

One type of potential damages are called “compensatory.” Compensatory damages are designed to help your student recover for the costs they incurred as a direct result of the bullying. These are costs that naturally and foreseeably flow from the bullying. They can include the cost of medical care, including hospital stays, doctor fees, and rehabilitation expenses. Students who have jobs but can't work because of bullying injuries may recover lost wages. Compensatory damages can also include more ordinary costs, such as replacing broken eyeglasses, ripped clothing, ruined books, and the like.

The other type of costs your student may be entitled to are called non-economic damages. These are harder to quantify but, in many cases, can add up to significantly more than the compensatory damages. Non-economic costs can include amounts to compensate for your student's pain and suffering, the mental or emotional distress they suffered, their embarrassment, humiliation, fear, and other emotional pain they have suffered. The attorneys from the Lento Law Firm can tell you more about both types of damages and how they may relate to your child's bullying situation and potential claim.

Pre-Suit Steps at an Arizona School for a Bullying Victim

Public and charter schools are required by Arizona law to have specific policies and procedures in place to address student bullying. They must have a “formal process for the appropriate school officials to investigate suspected incidents of harassment, intimidation or bullying.” The process must include “procedures for notifying the alleged victim and the alleged victim's parent or guardian” when the school “becomes aware of the suspected incident.” This means that as a parent or guardian, you should know when your student has been bullied – provided someone has reported that incident to the school.

Once notified, this is an opportunity for you to contact the school and find out exactly how they are handling the report and what steps they are taking to investigate the matter. The school is required to provide your child with a “written copy of the rights, protections, and support services” that are available to your child following the bullying.

It's important to understand what your school's written policy is when they receive a bullying report so that you know to what extent if at all, you will be kept informed about the situation when it's your child who has been bullied. Our experienced attorneys can help you make sure your student's rights are respected and that your school is aware of your interest in making sure that it follows Arizona law and its own policies and procedures when it comes to investigating and disciplining bullying.

Pursuing an Arizona Civil Action on Behalf of a Bullying Victim

As we've explained above, in any situation involving an Arizona public or charter school, you need to present them with a notice of your claim before you can pursue a lawsuit against them. They must either reject the notice, or if they haven't responded within sixty days, you are then free to file a lawsuit. But that notice of claim, in addition to being presented to them on time, must contain a certain amount of information and a damages demand before it's deemed a proper notice. Our attorneys can help you make sure the notice of claim the school receives meets the requirements of Arizona law.

Once that is done, and assuming your claim is rejected, you can move forward with filing a lawsuit. If you do so, here are the steps that you can expect to follow:

• Retain our experienced attorneys to help you with the process. If you are working with us before you file your claim with the school, we will investigate the situation, evaluate whether the school has met its obligations under Arizona law, determine who the proper defendants are likely to be, and prepare and serve the claim. Successful civil litigation depends on a combination of knowledge and hard work; we can provide both of those.
• We're likely to investigate before filing any lawsuit. Identifying and gathering as much evidence as possible, and in a way that will allow it to be admitted in court, can greatly help your case in the long run.
• Once we have enough information, we will draft a complaint, review it with you to make sure it's accurate, and file it with the proper court. Filing a complaint with the wrong court can result in a dismissal.
• In most cases, there will be negotiations with the school's lawyer. These may or may not result in a favorable settlement. If not, the case will move forward.
• There will be a period of discovery, which typically includes document exchanges and depositions of witnesses.
• Either side may file pre-trial motions, designed to narrow or decide some or all of the legal claims.
• The court may require or encourage mediation; we will help you with that process and will represent you during the mediation.
• If the case isn't resolved through mediation, we will prepare it for trial and will represent you throughout the trial proceedings.
• If a judgment is in your favor, we will help you collect on it; if it's not in your favor, we can help evaluate and pursue any necessary appeals.

A typical lawsuit requires a lot of communication between the attorney and the client. We know that the whole process may be new to you, and one of our roles is to help you understand what's happening and why throughout the entire process.

Defending Disciplinary Charges Against a Bullying Victim

Arizona law specifically requires schools to also have a procedure that “sets forth consequences” when a student submits “false reports” of bullying and other types of harassment. If your student has been accused of doing this, or is being disciplined for their efforts to protect themselves against bullying, harassment, or intimidation, our experienced attorneys can help defend against the school's disciplinary proceedings. We understand how school disciplinary proceedings work and have helped students all across the country defend themselves from misconduct allegations in school settings.

Helping Your Student Avoid Arizona School Bullying

Bullying can be very hard to resist. If you've ever been bullied, you probably know that already. And it can be very difficult to know how to respond, whether to simply walk away, to confront the bully, or to ask for help. There are many anti-bullying resources available on the Internet to help you help your child deal with the situation. Encourage your child to confide in you first. Then, help them understand that it's important that their teachers or other school officials know what's going on so that it can be put to a stop. Help them encourage their friends to report bullying. And just as importantly, help your student understand that the response to being bullied is not to become a bully.

Premier Representation for Arizona Bullying Victims

The Lento Law Firm's experienced Education Law Team can represent your grade or high-school student in situations where they've been bullied in school in Arizona, and their school has failed to take the proper steps to put an end to the bullying and to discipline the bullies. We've helped students all over the country at the grade school and the high school level to receive a good education without fear of bullying, harassment, or intimidation. Whether you're in the Phoenix or Tucson areas, in Flagstaff, Prescott, or Lake Havasu City, our attorneys are available to assist you and your student. Call us at 888.535.3686 or use our online form to set up a confidential consultation. Our attorneys understand how important this is to you and your child, and we are here to help.