Bullying is a problem in many facets of our lives. We see it in the workplace, in personal relationships, and even in the political arena. When it happens in our primary and secondary schools, it threatens the physical and emotional well-being of our children. This threat rings especially loud in Virginia these days. In February 2022, Brody Watson, a 12-year-old Lansdowne seventh grader, died by suicide after being targeted by bullies at his middle school. School leaders were aware of the bullying Brody endured from his classmates, but they never disclosed this to his parents.
Virginia's schools owe students, and their parents or guardians a legal duty to prevent students from harm, and this includes bullying. Bullying victims have legal rights. Depending on the situation, they may:
- Seek administrative relief within the school or school district
- Invoke state and federal regulators to investigate and sanction a school
- Sue a school in civil court for monetary damages and injunctive relief
Bullying is a serious matter that shouldn't be taken lightly. If your student is the victim of bullying at their school, you and your child deserve justice. Contact the Lento Law Firm's Education Law Team today and let us help you fight for your child's rights. Call us at 888.535.3686 or reach out to us online to discuss your case.
The Problem of Bullying in Virginia K-12 Schools
According to the Technical Report of the Virginia Secondary Schools Climate Survey, one-third of students surveyed reported that bullying is a problem at their school, and 4% said they were bullied at least once during the year. However, that number may not fully represent the problem in Virginia schools, as some students may not want to admit or don't realize they are victims of bullying. For example, 22% of students surveyed said that they had been physically attacked, pushed, or hit by another student, and 26% said they had been threatened by another student. Surprisingly, less than a third said they confided in a teacher or another adult at the school about the bullying.
When asked what their peers were teased about at school, 35% of students said their peers were picked on for their sexual orientation, 32% said for their race or ethnicity, 61% said for their clothing or physical appearance, and 51% said the teasing was due to “sexual topics.”
The Centers for Disease Control and Prevention (CDC) warns that bullying can lead to:
- Depression
- Anxiety
- Sleep problems
- Lower academic achievement
- Dropping out of school
Furthermore, the CDC has identified a concerning link between bullying and teen suicide.
Virginia Anti-Bullying Laws
Bullying can adversely affect a student's learning, as well as their mental and emotional health. Virginia has required school boards in the state to include bullying prevention in their character education since 2005 and to explicitly prohibit bullying in their student codes of conduct. They must also implement policies and procedures to educate school board employees about bullying and the need to create a bully-free environment.
In 2013, the Virginia Board of Education developed and adopted the Model Policy to Address Bullying in Virginia's Public Schools. The policy provides information to assist local school boards in formulating policies to help prevent bullying and procedures to report, investigate, and intervene when bullying behavior occurs. Each school division must also have a procedure for families to report bullying — even anonymously — and in response, the school must promptly investigate and intervene when bullying behavior occurs.
Brody Watson's tragic death helped bring to light the gravity of this issue and current bullying laws' shortcomings in Virginia. Just over a year after his death, Virginia lawmakers took further action. Beginning the 2023-2024 school year, Virginia law now requires school principals to notify parents of alleged bullying of a student within 24 hours of learning of an allegation of bullying. This law significantly shorted the reporting window from its previous requirement of five days.
Virginia's Bullying Definition
Virginia law defines bullying as “any aggressive and unwanted behavior that is intended to harm, intimidate, or humiliate the victim; involves a real or perceived power imbalance between the aggressor or aggressors and victim; and is repeated over time or causes severe emotional trauma.” This definition includes cyberbullying, but it does not include “ordinary teasing, horseplay, argument, or peer conflict.”
Virginia recognizes that bullying can take many forms:
- Physical bullying, including poking, punching, strangling, biting, hair pulling, beating, and excessive tickling.
- Verbal bullying, including hurtful name-calling, gossip, and teasing.
- Emotional bullying, including terrorizing, rejecting, extorting, humiliating, defaming, blackmailing, rating, or ranking personal characteristics such as race, disability, or ethnicity, or manipulating friendships, isolating, ostracizing, and peer pressure.
- Sexual bullying or harassment, including any unwelcome sexual advances, regardless of sexual orientation, seeking sexual favors, and other inappropriate conduct — verbal or physical — of a sexual nature that creates an intimidating, hostile, or offensive environment.
- Cyberbullying, including electronically sending mean, vulgar, or threatening messages or images online and posting private, sensitive information about someone or pretending to be someone else online to make that person look bad, using Photoshop to create images that are harassing, posting jokes about another person online using the internet to entice a group to harm another person physically can be done using email, IM's, text messages, blogs, and other sources.
Notably, Virginia's anti-bullying laws do not cover bullying that occurs off-campus, nor does it require schools to “provide safeguards or mental health support for students being bullied.”
Virginia Liability Laws Protecting Bullying Victims
Virginia allows parents to sue a teacher or school for not protecting their child from bullying. However, there are certain requirements that must be met in order to be successful in a lawsuit. First, parents must prove that the teacher or school has a duty to protect their child from bullying. This duty arises from the fact that teachers and schools have a legal obligation to provide a safe and supportive learning environment for their students.
Second, the parents must prove that the teacher or school breached this duty. This means that the evidence must show that the teacher or school knew or should have known about the bullying and failed to take reasonable steps to stop it.
Third, the evidence must prove that your child suffered damages as a result of the bullying. These damages can be physical, emotional, or academic.
Finally, the evidence must prove that the teacher or school's breach of duty caused the child's damages. This means that the evidence must show that if the teacher or school had taken reasonable steps to stop the bullying, the child victim would not have suffered the damages that they did.
Virginia Governmental Liability Laws Protecting Bullying Victims
It is important to note that Virginia law provides some immunity for teachers and schools in bullying cases under a rule known as “sovereign immunity.” For example, teachers cannot be sued unless their actions or omissions were the result of gross negligence or willful misconduct. Virginia's governmental liability laws protecting bullying victims are found in the Virginia Tort Claims Act (VTCA).
In addition to the VTCA, Virginia has a number of other laws and programs that protect students from bullying. These laws include the Virginia Anti-Bullying Act, the Virginia Bullying Prevention and Intervention Act, and the aforementioned Model Policy to Address Bullying in Virginia's Public Schools.
The Virginia Anti-Bullying Act requires schools to have a policy in place to prevent and address bullying. The policy must include a definition of what bullying is, procedures for reporting and investigating bullying incidents, and consequences for students who bully others. The Virginia Bullying Prevention and Intervention Act requires schools to provide training on bullying prevention and intervention to all staff members. The training must cover topics such as how to identify bullying, report and investigate bullying incidents, and intervene to stop bullying. The Virginia School Board Policy on Bullying requires school districts to develop and implement a policy to prevent and address bullying. The policy must include the following elements:
- A definition of bullying
- Procedures for reporting and investigating bullying incidents
- Consequences for students who bully others
- Training for staff members on bullying prevention and intervention
Virginia Private School Liability Protecting Bullying Victims
Virginia private schools are not subject to the same governmental liability laws as public schools. This means that it can be more difficult to sue a private school for bullying. However, there are still some legal options available to victims of bullying at private schools.
Virginia law requires public and private schools to provide a safe and supportive learning environment for their students. If a private school fails to do so and a student is bullied, the student may be able to sue the school for negligence. Finally, victims of bullying at private schools may also be able to sue the individual teacher or student who bullied them. However, as mentioned above, private school teachers and students enjoy some immunity from lawsuits.
If you are considering suing a private school for bullying, it is important to consult with an attorney to discuss your specific case. An attorney can help you assess your chances of success and develop a legal strategy.
Federal Anti-Bullying Laws Supporting Civil Liability
Federal laws that prohibit discrimination protect bullying victims in a number of ways. For example, Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in federally funded schools. This means that schools cannot allow bullying based on a student's sex, including sexual orientation and gender identity.
Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act (ADA) prohibit discrimination against students with disabilities in federally funded schools. This means that schools cannot allow bullying based on a student's disability.
In addition, the Individuals with Disabilities Education Act (IDEA) requires schools to provide a free appropriate public education (FAPE) to all students with disabilities. This means that schools must take steps to protect students with disabilities from bullying, including providing appropriate accommodations and modifications to their students with special needs.
If a student is being bullied on the basis of a protected characteristic, such as race, color, national origin, sex, disability, or religion, the school may be violating federal law. If the school does not take steps to stop the bullying, the student or the student's parents may be able to file a complaint with the U.S. Department of Education's Office for Civil Rights (OCR). The OCR can investigate the complaint and, if it finds that the school has violated federal law, order the school to take corrective action. This action may include requiring the school to develop a bullying prevention and intervention plan, provide training to staff on bullying prevention and intervention, and/or compensate the student for their damages.
If you believe that your child is being bullied on the basis of a protected characteristic, you should contact the school principal or another school administrator. You should also keep a record of all bullying incidents, including the date, time, location, and what happened. If the school does not take steps to stop the bullying, you may want to file a complaint with the OCR and seek the advice of an education law attorney.
Compensation for Bullying Victims in Virginia Schools
Bullying victims in Virginia schools may be entitled to a variety of compensation for the damages that result from the harm caused to them through civil action. Depending on the circumstances of the case, damages that may be sought include:
Economic Damages: These damages are monetary losses that occur as a result of the harm inflicted on the bullying victim and may include:
- Current and future medical expenses
- Property damage
- Cost of counseling and psychiatric treatment
- Lost wages, if a parent had to take off work to provide care for their child
Non-Economic Damages: These damages seek relief from the harm that cannot be measured in monetary terms and may include:
- Pain and suffering
- Emotional distress
- Disfigurement
- Loss of enjoyment of life
The amount of compensation that a bullying victim may be entitled to will vary depending on the severity of their injuries and the impact that the bullying has had on their life.
Pre-Suit Steps at a Virginia School for a Bullying Victim
To file a complaint of bullying at Virginia schools, you can follow these steps:
- Report the bullying to the school principal or another school administrator. You can do this in person, over the phone, or in writing.
- Keep a record of the bullying incident. This includes the date, time, location, and what happened. You should also keep a record of any communication you have with the school about the bullying.
- If the school does not take action to stop the bullying, you can file a complaint with the Virginia Department of Education (VDOE).
- You may also want to contact an attorney to discuss your legal options.
The VDOE will investigate your complaint and take appropriate action. This action may include requiring the school to develop a bullying prevention and intervention plan, provide training to staff on bullying prevention and intervention, and/or discipline the bully. If you are not satisfied with the VDOE's response to your complaint, you may be able to file a lawsuit against the school district. However, you should consult with an attorney before doing so.
Pursuing a Virginia Civil Action on Behalf of a Bullying Victim
If you or your child is facing bullying in a Virginia school, hiring a lawyer can be a valuable step in addressing the situation and seeking a resolution. Here's how a lawyer can help you with a bullying case against a Virginia school:
Legal Guidance and Assessment:
A lawyer can assess your case and provide you with legal guidance on how to proceed. They can help you understand the relevant laws and regulations in Virginia pertaining to bullying in schools.
Documenting the Bullying:
Your lawyer can assist you in gathering evidence to support your case. This may include documenting instances of bullying, collecting witness statements, obtaining school records, and preserving any relevant communication, such as emails or text messages.
Communication with School Officials:
Your lawyer can communicate with the school administration and officials on your behalf. They can advocate for your rights and ensure that the school takes appropriate actions to address the bullying.
Mediation and Conflict Resolution:
Many bullying cases can be resolved through mediation or other conflict resolution processes. Your lawyer can represent your interests during these proceedings and work to find a resolution that is acceptable to all parties.
Filing Complaints:
If necessary, your lawyer can help you file formal complaints with the school district, the Virginia Department of Education, or other relevant authorities. They can ensure that these complaints are filed correctly and within the required timeframes.
Legal Remedies:
In some cases, legal action may be necessary to protect your rights or seek compensation for damages caused by bullying. Your lawyer can advise you on potential legal remedies, such as filing a lawsuit against the school or individuals responsible for the bullying.
Appealing Decisions:
If you are not satisfied with the school's response to the bullying issue, your lawyer can help you appeal decisions or seek further action through legal channels.
Protecting Your Rights:
Your lawyer will ensure that your rights are protected throughout the process and that you are not subject to retaliation for reporting bullying or pursuing legal action.
Education on Anti-Bullying Laws:
Virginia has anti-bullying laws in place, and your lawyer can educate you about these laws and how they apply to your situation.
Emotional Support:
Dealing with bullying can be emotionally challenging. A lawyer can provide emotional support and ensure that you have access to resources that can help you and your child cope with the situation.
It's important to consult with an experienced attorney who specializes in education law or civil rights law to ensure that you receive the appropriate legal guidance and representation for your specific case. They can help you navigate the complexities of the legal system and work towards a resolution that addresses the bullying issue effectively.
Legal Representation for Virginia Bullying Victims
On February 24, 2022, just one month before his 13th birthday, Lansdowne seventh-grader Brody Watson tragically took his own life because he could no longer take the bullying he endured from his peers at middle school. Surprisingly, many of his teachers and classmates knew Brody was bullied but failed to notify his parents. While Virginia recently passed a law in memory of Brody requiring principals to report incidents of bullying to the victim's parents within 24 hours — rather than five days — this tragic incident only shows how often schools turn a blind eye toward bullying.
Public and private schools, school districts, and teachers in Virginia have a duty to protect students and provide them with a safe learning environment. When they fail to do this, they should be held accountable. Parents may have the option to bring a lawsuit against those who fail to protect their children and seek monetary damages to cover their physical and mental well-being. If your child was bullied in a Virginia school and you don't believe school officials took the matter seriously enough, you need strong legal representation to hold these parties accountable. The Lento Law Firm's Education Law Team is available to represent your Virginia elementary or secondary school student in civil litigation. The Lento Law Firm's Education Law Team has helped thousands of students across the country in a variety of issues. They understand the struggles you are dealing with and can help you seek justice on behalf of your child. Contact the Lento Law Firm's Education Law Team at 888.535.3686 or through our online form to discuss your case and get the skilled and experienced help you need and deserve to protect your child.
