It's not easy being a parent these days. There's so much to worry about. Are your kids getting the right nutrition? What's the right amount of screen time? How do you balance school work with extracurricular activities?
Here's one thing you should never have to worry about, though: whether or not your child is being bullied. The federal government has made putting a stop to school bullying a policy priority through its Stop Bullying campaign, and the state of South Carolina has enacted laws that mandate school districts maintain preventive and responsive measures to deal with bullying.
In short, if your child has experienced bullying, their school district has failed in its responsibilities. Either it didn't do enough to eliminate bullying, or it didn't respond appropriately once it learned bullying was taking place. In either case, you have a right to force your district to live up to its responsibilities. In fact, as a parent, you have an obligation to do so. There is nothing more important than protecting your child.
Sometimes, protecting them means pursuing litigation. If you can't get your district to pay attention to your complaints, you may need to ask the courts for an injunction to force them to act. If your family has suffered damages as a result of bullying, you may need to ask the courts to compensate you for those damages.
If you're heading into court, you need the best legal representation you can find. The Lento Law Firm is specifically focused on educational law. Our Student Defense Team knows your rights. We also know how the South Carolina education system works. Most importantly, we're committed to making sure students are treated fairly and that they have the opportunity to get the best possible education. What can we do for you? Call 888-535-3686 today to find out. Or use our automated online form.
The Problem of Bullying in South Carolina Schools
You might hear bullying referred to by other terms, like “teasing” or “hazing.” Terms like these are meant to diminish the real harm teasing can cause. Make no mistake, though: bullying is harassment, plain and simple, and it can have incredibly negative and long-lasting effects on victims. Obviously, bullying is a disruption in learning, and that in itself is a serious consequence. In addition, though, children who are bullied frequently suffer physical, psychological, social, and emotional damage.
Below, you'll find some important information on how to go about holding your district accountable if your child is bullied. We want you to know all of your legal options. First and foremost, though, you need to know how to put a stop to bullying the moment you discover it's happening. You cannot wait for a lawsuit to make its way through the court system to act.
- Start by contacting your child's school. Most educators will act quickly as soon as they know there is a problem.
- If your school isn't acting quickly enough, you can contact state or federal education authorities to exert pressure on your district.
- If necessary, take your child out of school temporarily.
- In extreme cases, you may need to contact law enforcement.
Your child's health and welfare have to be your most important considerations. If you need help to do any of these things, remember that the Lento Law Firm is here to help. We understand just how stressful these kinds of situations can be, and we're always ready to bring order to the chaos. We know exactly who to talk to, and we know exactly what to say to them. You can reach us by calling 888-535-3686, or you can contact us using our automated online form.
South Carolina Anti-bullying Laws
The very first thing you need to know about bullying is exactly what South Carolina law has to say about it. This can serve as the foundation for filing any complaints against district personnel or the district itself.
Title 59 of the South Carolina Code of Laws concerns aspects of education in the state, including K-12 education. Chapter 65 of that Title prohibits bullying (§ 59-63-120), provides a clear definition of “bullying” (§ 59-63-130), and mandates that all school districts must adopt policies to address bullying (§ 59-63-140)
In fact, districts aren't just required to have anti-bullying policies. Those policies must contain several important elements. Districts must have procedures in place for investigating bullying incidents, but they are also responsible for preventing bullying before it happens. For example, the law requires district policies to clearly define not just “bullying” but also “harassment” and “intimidation” so that teachers, students, and parents can recognize them when they happen. Polices must describe “appropriate student behavior.” They must spell out the disciplinary consequences of bullying in clear terms. And they must describe exactly how the district will go about educating students about the damaging effects of bullying.
In short, the law suggests that teachers, administrators, and staff may be liable not just for failing to act in response to a bullying incident but also for failing to prevent bullying incidents. Even if the district punished your child's bully, you may still have a case that they were negligent in their responsibilities.
South Carolina Bullying Definition
Of course, in order for you to hold your district liable, you must first prove that bullying occurred. The state's definition of bullying has two parts. The first part defines the possible actions that qualify as bullying:
“a gesture, an electronic communication, or a written, verbal, physical, or sexual act.”
The second part defines the potential effects of these actions:
- Physical harm to the student
- Emotional harm to the student
- Damage to the student's property
- Placing the student in reasonable fear that they may suffer physical or emotional harm or that their property may be damaged.
- Insults that demean a student or group of students
- Disruption with the school's “orderly operation.”
South Carolina law does not specifically identify “cyberbullying” as an offense, though the definition does include “electronic communication” as one form of bullying. The law also doesn't apply directly to off-campus bullying incidents, even if cyberbullying is involved. Your district isn't liable, for instance, for students' social media posts. However, your child should be protected any time they are using classroom software, no matter where they may happen to be.
South Carolina's Liability Laws as They Apply to Bullying
Title 59 establishes your school district's responsibilities when it comes to dealing with bullying. It does not, however, establish the consequences the district and its employees may face when they don't live up to those responsibilities. For that, we must turn to Title 15, Chapter 78, South Carolina's Tort Claims Act.
Prior to 1986, government institutions and officials had blanket immunity from lawsuits. The Tort Claims Act does not universally undo that government immunity. Institutions and employees of those institutions remain immune from liability as long as they are performing their duties under the law. But the Tort Claim Act does create an important waiver to that immunity: in simple terms, it holds government entities—including school districts—liable for their mistakes.
That means faculty and staff can be held responsible any time they are “negligent.” For example,
- If they fail to monitor classrooms, cafeterias, and playgrounds for bullying;
- If they don't take immediate action to stop bullying;
- If they don't separate students known to be bullying from bullying victims;
- If they fail to protect bullying victims from further acts of bullying;
- If they fail to follow school procedures on complaints of bullying;
- If they don't investigate bullying complaints thoroughly; and
- If they fail to prevent retaliation for bullying complaints.
Note that Title 59 does provide individual teachers with immunity from liability for bullying incidents, provided they immediately report any knowledge they may have of bullying to the school's designated anti-bullying official. However, the law also requires all school personnel to report, and you can always file a claim against someone who fails to do so.
South Carolina Private School Liability to Bullying Victims
Unfortunately, while South Carolina laws are clear and concrete when it comes to bullying, they only apply to public schools. The law makes no mention of bullying in private schools. As a result, it can be harder to hold these schools accountable when bullying incidents occur. However, even in these cases, there are remedies and options for putting a stop to bullying and for getting relief for any damages your family may have suffered.
- Private schools are not eligible for the immunity South Carolina law provides to government institutions. As a result, you can sue them just as you would any private business in the state. While you cannot rely on bullying laws in establishing their liability, you can file suit over other criminal acts that are frequently associated with bullying, such as assault, battery, invasion of privacy, defamation, and the infliction of emotional distress.
- Further, federal law provides educational protections for a number of classes of individuals, including women, minorities, and the disabled. Any member of one of these classes who experiences harassment is entitled to sue the responsible parties in federal court.
Federal Anti-bullying Laws Supporting Liability
Despite the federal government's vigorous anti-bullying campaign, there are no federal laws that prohibit bullying as yet. This means you must rely on South Carolina law to address bullying incidents and as the primary means for holding districts and individuals responsible for damages caused by bullying.
However, as mentioned above, the federal government does provide some important educational protections for certain classes of individuals. For instance,
- Title IX prohibits all forms of sexually-based harassment at any educational institution and applies to any school—public or private—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 occurs, schools can be held responsible for failing to prevent it or failing to respond appropriately.
- Title IV prohibits public schools from any form of discrimination based on race, color, religion, sex, or national origin. Again, the school itself does not have to be practicing such discrimination. It is liable for discrimination perpetrated by students and faculty.
You should be aware that there are some restrictions on such federal suits.
- 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.
In general, you must meet a higher burden of proof in order to file a civil action against your child's school in federal court. However, public schools—and many private schools—do have a duty to prevent and respond to many types of harassment, and you do have the right under the law to hold them accountable when they fail to perform their duties. The Lento Law Firm can work with you to determine the best plan of action given your family's particular situation.
Compensation for Bullying Victims in South Carolina
You can, of course, file for an injunction to force your district to comply with the law in bullying cases. You can also, though, file a lawsuit to recover any damages bullying may have caused to your child or your family. These are known as “compensatory” damages.”
Compensatory damages may relate to direct expenses you were forced to pay as a result of the bullying. These might include
- Out-of-pocket medical expenses
- Therapy or counseling expenses
- Replaced 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
You can also ask for compensation for any indirect damage bullying may have caused. For instance, your child might deserve compensation for their
- Pain and suffering
- Mental and emotional distress
- Embarrassment
- Humiliation
- Fear or fright
- Shock
- Loss of enjoyment of life
Pre-suit Steps for South Carolina Bullying Victims
Just because your child has been bullied at school does not necessarily mean you are entitled to hold the district or its personnel legally liable for that bullying. Further, just because you're entitled to hold them responsible does not necessarily mean you'll be able to do so. You must build your case carefully and follow the rules the state of South Carolina has established for making such claims.
Your first job is to determine whether or not individuals at your child's school knew bullying was occurring and the extent to which school and district officials were aware of the problem. School districts do have an obligation to put preventative measures in place, and it is sometimes possible to prove they failed to do so. A bullying incident is not necessarily proof in and of itself, though. If your district responded appropriately once they uncovered a bullying incident, you may not be able to to hold them liable for the incident.
In fact, part of your district's responsibility under the law is to investigate all accusations and, if necessary, to punish offenders. In order to fulfill that responsibility, your district needs your cooperation. You must, for instance, report the bullying. Further, you must be willing to participate in the investigation and adjudication processes. It can be difficult to hold your district accountable if you refuse to do so.
It's also important to seek remedies from higher authorities should your district refuse to act. A court will want to see evidence that you pursued your complaint at the state and federal levels, and any response at these levels can add further weight to your contention that the district was at fault.
You do have some responsibilities you must satisfy before you file suit. At the same time, though, remember that you and your child have some important rights as well. As you are going through the process of responding to a bullying incident, the district is obligated to provide your family with appropriate supportive resources. Further, it is required to protect your child from retaliation. Should it fail to do so, it can be held further liable for negligence.
Pursuing a South Carolina Civil Action on Behalf of a Bullying Victim
Assuming you have done everything necessary under the law to file a suit against your district, what are the concrete steps involved in actually filing that suit?
- First, you must contact the Lento Law Firm. Civil litigation can be a complicated undertaking. It's not just that you must prove bullying happened and that someone in the district was negligent. These cases often involve subtle interpretations of the law, and the process can be difficult to navigate. You should never take someone to court unless you have qualified legal representation. The Lento Law Firm's Student Defense Team knows the process, and they have experience holding school districts accountable.
- Once you've contacted a Lento Law Firm attorney, they will initiate a pre-suit investigation. Basically, they'll gather evidence and make decisions about what is likely admissible and what isn't.
- Next, your attorney will research and draft a complaint and file that complaint with the appropriate court. Keep in mind that failure to file the complaint with the appropriate court or by the assigned deadline can result in the complaint being thrown out. This is just one reason having an attorney on your side is so important.
- Once the complaint is filed, your attorney will serve district officials and personnel with a court summons.
- Throughout the pre-trial process, your Lento Law Firm attorney will work to negotiate a fair settlement with the district so you can receive the compensation you deserve without having to go to trial.
- The pre-trial period also includes discovery. The court summons requires district officials to provide you with any information relevant to your case. You'll be required to sit for a deposition as well. You can count on your Lento Law Firm attorney to help you through this process.
- As the trial draws closer, both sides file any motions. Basically, these are legal arguments as to how the trial should be conducted.
- Should your case go to trial, your Lento Law Firm attorney will represent you in court. For instance, they'll make arguments on your behalf, submit evidence, and examine and cross-examine witnesses.
- Finally, once the trial is complete, your attorney will collect any judgment from the district or, if necessary, work with you to file any appeals.
Defending Disciplinary Charges Against a Bullying Victim
Bullying cases aren't just about litigating for damages. Often, the bullied child can wind up accused of misconduct right alongside the bully, even if they are entirely innocent.
The Lento Law Firm's Student Defense Team is experienced in representing students during school investigations and hearings. We've helped hundreds of students defend themselves from unfair charges. We can
- Document events and work to prevent the situation from escalating;
- Ensure school officials understand the facts;
- Respond to any disciplinary complaints made against your child;
- Represent your child during investigative meetings and hearings;
- Remind the district of its own bullying policy and make sure it prevents retaliation;
- Negotiate with school and district officials to come up with fair resolutions;
- Use additional channels to pressure the district, such as the South Carolina Board of Education.
Helping Your Student Avoid South Carolina School Bullying
We're always on your side and ready to help you and your family any time your child is dealing with bullying. What is the best way to protect your child, though? Working to prevent bullying before it happens. Here are some useful strategies:
- Talk to your child openly about bullying. Make sure they aren't participating in bullying themselves, and remind them that if they are bullied, they should not reciprocate.
- Encourage your child to report bullying. Your district has designated personnel who are responsible for responding to bullying complaints. However, all district personnel are tasked with reporting any knowledge they may have of bullying. If one teacher refuses to listen, they should try another one.
- Finally, ask your child to talk to their friends about bullying. The district should have educational programs in place to address bullying, but the more everyone in the district is aware of the potential for problems, the less likely it is that problems will occur.
Premier Representation for South Carolina Bullying Victims
The Lento Law Firm was founded to help students. We know the law; we know the South Carolina 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.
