The state of Vermont takes school bullying seriously, and rightly so. We all recognize that it's a school's job to educate children. What we don't always consider is that learning needs a proper environment. Students can't master scientific principles and explore the wonders of Shakespeare if they're worried about what someone might say about them when the teacher has stepped out or whether they're going to need to defend themselves at lunch.
Vermont has passed a number of important laws to make sure kids feel safe from bullying when they're at school. A law is only as good as the people or institutions enforcing them, though. In order for anti-bullying legislation to work, teachers and administrators have to set strict policies, follow those policies, and issue real punishments to those who participate in bullying.
If your child has been a victim of bullying, it could very well be because someone didn't do their job properly. You have the right to hold schools and school districts responsible for their negligence and mistakes.
The Lento Law Firm can help. Our Student Defense Team is committed to ensuring all students are treated fairly and that they have the best possible chance at getting a quality education. We can work with you to pressure your child's school into responding to instances of bullying. We can also help you to recover any damages your child and your family may have suffered as a result of bullying.
Find out more about what we can do for you. Call 888-535-3686 today, or you can reach us through our online form.
First Things First: Protecting Your Child
Before we get into all the ins and outs of filing civil litigation against a school district, you need to know that your first priority has to be making sure your child is safe from harm.
Bullying can be enormously damaging for victims. Obviously, bullying interferes with a child's ability to learn. Obviously, if it should become physical, it can be dangerous. Even teasing, though, can have consequences, and these can be long-lasting. Students who experience bullying can become withdrawn, develop anxiety and depression, and even exhibit the symptoms of PTSD. They can come to dislike school and, in extreme cases, may even give up on education altogether. The longer bullying goes on, the more extreme these results can become.
A lawsuit can be an important step in the healing process. It holds schools and school personnel responsible for their failures, and it provides compensation for any damages your family may have suffered. Lawsuits take time, however. In the short term, you have to put a stop to the bullying and minimize the damage.
Retaliation is never an acceptable response to bullying. Short of that, though, you must act quickly and decisively.
- First, try contacting your child's school or district. Anti-bullying policies are the law in Vermont, and you'll find most teachers and administrators eager to do what they can to help.
- If, for some reason, your district refuses to act or takes too long to respond to your complaint, you may need to contact the Vermont Agency of Education. State officials can threaten administrative and financial consequences for districts that don't comply with the law.
- It is sometimes necessary to take kids out of school to prevent bullying. Missing school is never ideal, but it can offer a short-term solution.
- If the situation has become violent or is threatening to become violent, you may need to contact local law enforcement to intervene.
Bullying isn't just stressful for kids; it's stressful for parents as well. You may not know at the moment the best course of action to take. Keep in mind, though, that the attorneys at the Lento Law Firm aren't just here to represent you in the courtroom. Our priority is your family's welfare, and we'll do whatever it takes to help you deal with a bullying situation, whether that means negotiating with district administrators or contacting state or local authorities.
Take action now to stop bullying. Call us for help at 888-535-3686, or reach out through our online form.
Vermont Anti-bullying Laws
It's important you know that Vermont law outlaws bullying in public schools. The legislature recognizes that to be effective, schools must "provide safe, orderly, civil, and positive learning environments." As a result, it has decreed that "Harassment, hazing, and bullying have no place and will not be tolerated in Vermont schools."
The law goes further, though, in specifying just what responsibilities schools and districts have to protect their students. All districts are required, for example, to develop and maintain anti-bullying policies. These policies must include
- A statement outlawing bullying
- A procedure for reporting bullying
- A procedure for investigating complaints
- A description of circumstances in which bullying will be reported to the police
- The consequences for bullying
- A description of how faculty and staff will be trained in bullying prevention
- A list of at least two designated personnel at each school trained to handle complaints
Additionally, schools are required to provide a copy of their policies to all students, parents, and staff at the beginning of each year.
You'll note that these requirements take two forms. First, schools must respond appropriately to bullying reports. They must conduct investigations, and they must punish those found Responsible for (guilty of) bullying. If your school ignores your report, refuses to investigate, or fails to properly punish perpetrators, you certainly have the right to hold it responsible.
However, schools also have an obligation to prevent bullying. They must make sure everyone is aware of the policy. They must offer staff development so that teachers and administrators know how to handle bullying incidents. This means that you can hold them responsible for bullying any time it occurs, even if they respond appropriately after the fact.
The best course of action if your child is being bullied is to contact the Lento Law Firm. Our attorneys can evaluate your situation and let you know if your district is at fault, and we can suggest how to handle what's happening.
Vermont Bullying Definition
Vermont legislation also contains a clear definition of bullying. This can be an important resource any time you're trying to develop grounds for a civil suit. The definition is broad, allowing for a number of different kinds of acts to qualify as "bullying." It basically has only two requirements:
- The act must be repeated over time.
- The act must be intended to "ridicule, humiliate, or intimidate the student."
Under this definition, bullying might include
- Simple verbal harassment
- Actual physical harm or the threat of physical harm
- Actual damage to property or the threat of damage to property
- The spreading of rumors
- The posting of humiliating images
The law does note that to be subject to district jurisdiction, the act must take place during the school day on school property, on a school bus, or in relation to a school-sponsored activity. However, the law also takes into account that bullying can be "conducted by electronic means" and provides a jurisdictional exception: the school can be held responsible for bullying that occurs off-campus and outside of school hours if it
“can be shown to pose a clear and substantial interference with another student's right to access educational programs.”
This means that cyberbullying, including social media posts and texts, can qualify in many circumstances.
Vermont's Liability Laws as They Apply to Bullying
While Vermont law is clear—bullying is prohibited in public schools—it does not set any criminal penalties for those who commit an act of bullying. That is, unless bullying involves some other criminal offense, students can't be prosecuted. The penalties they face are strictly disciplinary sanctions set by school districts—detention, for example, suspension or expulsion.
And despite the fact that the law places the burden for enforcing anti-bullying legislation on school districts, districts, and district personnel cannot be held criminally responsible for bullying either. If your child has been bullied, getting justice requires you to turn to Vermont's civil courts.
Like other states, Vermont has "sovereign immunity" from civil suits. That immunity extends to all government entities, including school districts. However, the Vermont Torts Claims Act provides an exception to this immunity that allows such entities to be sued for
“injury to persons or property or loss of life caused by the negligent or wrongful act or omission of an employee of the State while acting within the scope of employment.”
The law does set some limitations on this right. Liability, for instance, is limited to $500,000 per employee and $2,000,000 per occurrence. In addition, claims must be filed within 180 days of the incident. And, importantly, districts and district personnel cannot be held liable if they exercised “due care” in following the law.
Vermont Private School Liability to Bullying Victims
While Vermont's anti-bullying laws provide protection to public school students, they do not apply to private school students. However, even in these cases, there are ways to hold bullies and schools accountable.
- Bullying, as such, is not a criminal act. Bullying frequently involves criminal acts, though, such as assault, battery, and the invasion of privacy. When it does, you can hold the bullies criminally responsible. Additionally, you may be able to hold your child's school civilly liable for failing to keep them safe.
- Federal law contains some important prohibitions on "harassment" when it involves members of protected classes, such as minorities, women, and the disabled. If your child's school receives federal funds—and ironically, many private schools do—it can be held responsible for allowing such harassment to occur.
Federal Anti-bullying Laws Supporting Liability
Many state-level anti-bullying initiatives, such as Vermont's, were sparked by the federal government's concern with this problem. Despite this, there is no federal legislation against bullying as yet.
However, Congress has passed a number of important laws that protect certain groups from “harassment,” a common element in bullying. For example,
- Title IV prohibits discrimination on the basis of race, color, religion, sex, or national origin. The courts have ruled that “discrimination” includes all forms of harassment since harassment has the general effect of denying a person their equal rights to an education.
- Title IX specifically bars sexually-based harassment at any educational institution receiving federal funds.
- Section 504 of the Rehabilitation Act of 1973 guarantees equal access to public education to students with disabilities. Harassment, by definition, inhibits such access.
You should be aware that it can be more difficult to file a federal suit than a suit in Vermont. As in a state suit, you must be able to prove that bullying occurred. Further, you must be able to prove that your child is a member of a protected group. Finally, though, you must be able to prove that the harassment your child experienced was specifically related to their protected status. That can be a high standard to meet.
Nevertheless, anti-harassment laws do offer another useful path to holding schools and districts accountable when they fail to protect your child. If you're curious about the best approach for protecting your child, the Lento Law Firm can answer any questions you may have. We'll sit down with you and your family and get all the facts. Then, we'll suggest a plan that's tailored to your specific situation.
Compensation for Bullying Victims in Vermont
Parents are sometimes hesitant to file litigation against their children's schools. Movies and television make it seem like only greedy people pursue lawsuits.
As we've already mentioned, though, there are no criminal penalties for bullying. Civil litigation is the only avenue the judicial system offers us to get justice in these cases.
In addition, you must remember that bullying typically comes with some important costs. Some of those costs are direct out-of-pocket expenses. For example, you may already have been asked to pay for
- Medical expenses
- Therapy or counseling expenses
- Replacement items like computers, clothes, book bags, or glasses
- Lost wages if your child has a job or lost earning potential if the bullying affected their future ability to work
Bullying can have other costs as well, though, costs that aren't always so readily apparent but that can last long after the incident itself. Your child and your family may be dealing with
- Pain and suffering
- Mental and emotional distress
- Embarrassment
- Humiliation
- Fear or fright
- Shock
- Loss of enjoyment of life
You shouldn't have to pay for anyone else's mistakes. If your school district failed to protect your child, you deserve compensation, both for direct and indirect expenses. This isn't you being greedy; this is you getting fair treatment. And it's the law.
The First Steps Toward Litigation
Lawsuits are never simple, and they can be particularly complex when you're taking on a government entity such as a school district. As we've mentioned, Vermont law even puts some restrictions on how you go about filing such claims.
As a result, you want to build your case carefully. Even before you've filed an official complaint, there are steps you can take to help ensure you are successful.
- Any time your child is being bullied, you should report it immediately to their school. You cannot accuse your school of ignoring an incident or reacting too slowly if they don't know what happened.
- Similarly, you have a responsibility to participate in any investigations. Your Lento Law Firm attorney can make sure that your child is treated fairly and that an investigation doesn't add to their trauma. Once again, though, you cannot accuse school personnel of negligence if you aren't doing your part as well.
- If you feel district personnel aren't responding appropriately to a bullying report, you should report that to the Vermont Agency of Education. You want to demonstrate that you did everything in your power to resolve the situation appropriately.
- Document everything. Start by having your child write down what happened. Make notes of your school's policies. Make notes of their response. And keep a record of all contact you have with anyone connected to the case.
Taking on bullies, let alone an entire school district can be a daunting proposition. Keep in mind, though, that the law gives you some tools. You're protected, for instance, from all retaliation, whether that retaliation springs from the bully, their family, or the school district. In addition, you can count on the Lento Law Firm's Student Defense Team to be at your side from start to finish.
Pursuing a Vermont Civil Action on Behalf of a Bullying Victim
We've talked a lot about how your Lento Law Firm attorney can help you respond to a bullying incident. In a formal sense, though, how is your attorney involved in filing civil litigation?
- They start by conducting a thorough pre-trial investigation. In simple terms, they assemble the evidence in the case and determine what is relevant and what is admissible.
- They then use the evidence they've collected to research the legal issues applicable to your case. Using this material, they draft an official complaint. As part of this process, they make sure that paperwork is filed within the state deadline, and they ensure everything goes to the proper court.
- Next, your attorney issues an official summons to district officials involved in the case. Teachers, staff, and administrators must sit for deposition and respond to questions about the events. You'll likely be deposed by district lawyers. However, your Lento Law Firm attorney will accompany you to this deposition. They'll help you answer questions, and they'll make sure your rights are protected.
- As they're preparing your case, your attorney also conducts negotiations with the district. Most civil cases are settled before they go to trial. It's your attorney's responsibility, though, to make sure any settlement provides you and your family with full compensation.
- Should the case go to trial, your attorney then represents you before the court in all matters. They make opening and closing statements, they submit evidence, they ask questions of witnesses, and they rebut defense arguments.
- Finally, it is your attorney's job to collect any monies owed to you following a settlement or judgment. Alternatively, if you should lose your case at trial, they work with you to file any necessary appeals.
Defending Disciplinary Charges Against a Bullying Victim
It is not unusual for bullying victims to find themselves charged by their schools with misconduct. Blaming the victim is a common defense tactic. Sometimes, schools even buy into these unfair accusations. And frankly, it is sometimes the case that victims do commit some type of misconduct in response to bullying. Harassment is understandably frustrating to those who experience it, and retaliation is an understandable response.
Whatever the case, your Lento Law Firm attorney can represent your child during any disciplinary investigations and hearings. We are skilled courtroom litigators, but we're also highly experienced at dealing with campus judicial systems. We know how processes and procedures work, and we're comfortable talking with teachers and administrators. You can count on our Student Defense Team to
- Respond to any complaints against your child
- Document everything that happened and ensure the school has all the facts
- Help prevent the situation from escalating
- Represent your child during investigative meetings and hearings
- Pressure the district to act appropriately
- Negotiate with school and district officials to come up with fair resolutions
- Use additional channels, such as the Vermont Agency of Education, to force the district to follow the law.
Helping Your Student Avoid Maine School Bullying
We said it in the beginning, but it bears repeating: your very first job as a parent must be to protect your child from harm. When it comes to bullying, the best way to do that is to eliminate bullying from your child's school. How do you do that?
- Start by talking to your children openly and honestly about bullying. Make sure they know what bullying is and how to recognize it. Help them to understand the damage that bullying can do. And, of course, make sure they aren't participating in bullying themselves.
- Report all instances of bullying, whether it's happening to your child or someone else's. Vermont law requires every school to have two designated staff in charge of coordinating reports. However, anyone at your school should be able to help.
- Support your child. If they come to you complaining of bullying, believe them. Educate yourself about how bullying can affect victims. Take steps to protect your child and to get them the resources they need to deal with the experience.
- Encourage your children to talk with their friends about bullying. Your district is required to post its policy, but peer conversations can do more to prevent problems than any rules can do.
Premier Representation for Vermont Bullying Victims
The Lento Law Firm was founded to help students. We know the law, we know the Vermont 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 online form to find out how we can help.
