Bullying remains a pervasive problem in America's schools, and as a parent, it can make you anxious. You should know, though, that Wyoming schools have an obligation to protect your child from bullying—not just a moral or ethical obligation, but a legal obligation. Wyoming law requires districts to respond to all bullying complaints. It also requires them to put measures in place to prevent bullying from happening in the first place.
If your child's school hasn't lived up to its obligation, if your child has become a victim of bullying, you have the right to hold it responsible for its negligence. You can file suit to force it to follow the law. You can file suit to recover any damages your family may have suffered.
Taking on a school district isn't an easy proposition, though, and you need someone on your side who knows education law, who understands how the Wyoming litigation system operates, and who has experience defending students. You need an attorney from the Lento Law Firm.
The Lento Law Firm's Student Defense Team is dedicated to making sure all students are treated fairly and that they have the very best opportunity to receive a quality education. No matter what the situation, we're on your side.
If your child is being bullied, don't wait. Call 888-535-3686 today, or use our automated online form.
First Things First: Addressing the Problem
Before we go any further, it's important you know that if your child is being bullied, your first priority must be to put a stop to it. We'll get into all the legal options you have for recouping your losses, but it takes time for a lawsuit to work its way through the courts. You don't have that kind of time to protect your child.
Bullying can have devastating effects on a child's physical, psychological, and emotional well-being. Of course, bullying disrupts the learning process. It's impossible to concentrate on learning the parts of speech when you're being teased or when you're worrying about what might happen to you at lunchtime. Physical harm can be even more serious. In addition, though, bullying can create deep and lasting internal scars. Children often withdraw and may even suffer from PTSD. They can develop fears. They can lose faith in the educational process and sometimes drop out of school. Again, you can't afford to risk these consequences. You have to act in the moment, and you have to act decisively.
You should never take the law into your own hands. You should never retaliate against a bully or their family, and you should never encourage your child to do so. Short of that, though, you must do everything in your power to put a stop to bullying as soon as you know it's happening. How can you do that?
- Contact your child's school. We cannot stress this enough: the law requires teachers and administrators to act when they receive bullying complaints. Most take bullying extremely seriously and will do whatever is in their power to help.
- If your district refuses to act, or isn't acting quickly enough, contact Wyoming's Department of Education. It can exert legal and financial pressure on schools to do their duty.
- It can sometimes become necessary to take your child out of school, at least temporarily. Removing them from the situation guarantees their safety.
- In some serious cases, you may need to contact local law enforcement, especially if the situation has gone beyond school grounds or is threatening to escalate.
Of course, dealing with bullying can be incredibly stressful, and it's not always easy to know just what is the right course of action. The Lento Law Firm is on your side, and we're not just here to represent you in court. We can help you map out a plan of action or make phone calls on your behalf. We know who to talk to in these situations, and we know what to say. We're skilled in negotiating resolutions, but we can also be fierce when we need to be. Just call 888-535-3686 or fill out our automated online form.
Wyoming Anti-bullying Laws
Protecting your child begins with understanding just what the law has to say about bullying. Wyoming passed the “Safe School Climate Act” in 2009, and it went into effect on January 1, 2010. That act clearly prohibits “harassment, intimidation, or bullying” and “reprisal or retaliation” as these relate to Wyoming schools. In addition, it places responsibility on Wyoming schools for creating policies that both respond to bullying and prevent bullying.
In terms of response, districts must
- Establish appropriate consequences for bullying
- Develop procedures for reporting bullying
- Develop procedures for investigating bullying complaints
- Institute strategies for protecting those making complaints
Crucially, though, districts are also tasked by state law with preventing bullying. For instance, they are required to
- Publish the anti-bullying policy as part of their comprehensive rules and procedures
- Provide training in anti-bullying procedures to all faculty, staff, administrators, and volunteers
- Discuss the policy with students
These elements of the law provide your child with protection and you, as the parent, with certain assurances. It's important that your child's school act appropriately when it receives complaints of bullying, and you can hold it responsible if it fails to do so. However, it also has a responsibility to prevent bullying. That means you may be able to hold the school liable any time an incident occurs, even if it has done its due diligence in investigating and punishing perpetrators. In short, schools and districts are always responsible when your child experiences bullying.
Wyoming Bullying Definition
One of the most important questions in any civil suit over bullying is just what the definition of bullying is. You need to establish at the outset that what occurred was actually bullying. Wyoming state law offers guidance here as well.
The definition applies not just to “bullying” but to “intimidation” and “harassment.” It includes three parts.
- The Act Itself: First, the law describes what acts constitute bullying. These include
- Written, verbal, and intentional acts
- Intentional gestures
- Intentional electronic communication
- Results of the Act: In addition, the law describes the effects caused by bullying. These can include
- harm done to a student physically or emotionally; damage done to a student's property; placing a student in “reasonable fear” that they may be harmed or that damage may be done to their property
- The insulting or demeaning of an individual or group
- The disruption of the educational environment
- The creation of an “intimidating, threatening, or abusive environment”
- Location of the Act: Finally, the law also stipulates where bullying can occur in order to fall under a school's jurisdictional authority:
- On school property
- On a school bus
- At any school-sponsored activity, whether or not it takes place on school grounds
Finally, as noted, Wyoming's definition of bullying includes “electronic communication.” However, the law does not explicitly require districts to prevent or respond to cyberbullying that occurs off campus.
Wyoming's Liability Laws as They Apply to Bullying
While Wyoming law is clear in prohibiting bullying, it does not speak to punishments for perpetrators. That is, bullying is not a criminal act. The law does require schools to institute appropriate punishments, but it does not mandate what those punishments should be. In short, you cannot file charges against your child's bully or their family.
However, you can hold their school district and district personnel responsible. Again, responsibility isn't defined as “criminal” in this instance. If an individual or a school's negligence led to harm, though, you can hold them financially responsible.
To do that, you must look beyond anti-bullying law to Wyoming's tort law. Tort law is a form of “restorative justice” that seeks to remedy wrongs by forcing those who committed harm to pay for the effects of that harm.
It can sometimes be difficult to hold governmental entities, such as school districts, liable for torts. That's because most states assert something known as “sovereign immunity,” which protects these entities from lawsuits. However, the “Wyoming Governmental Claims Act” gives citizens of the state the right to sue government agencies just as they would any private persons or agencies.
You cannot file suit against a district simply for doing its job as established by law. However, you can file suit any time a district or its personnel are negligent though. This could include any failure to
- 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
Wyoming Private School Liability to Bullying Victims
Unfortunately, Wyoming's anti-bullying laws do not apply to students at private schools. If your child attends such a school, they are not automatically protected from “harassment, intimidation, and bullying.”
That doesn't mean you can't hold such schools accountable when they are negligent. While bullying itself is not prohibited, many of the acts associated with bullying are. For instance, assault and battery are criminal acts, no matter where they may occur. If your child was a victim of these crimes on school grounds, you can hold the perpetrator responsible, but you can also hold the school responsible for allowing it to occur.
In addition, as you'll see in the next section, federal law requires any school that receives federal funds to protect certain classes of individuals—minorities, for example, women and the disabled. Many private schools receive federal funds in one form or another, making this another possible avenue for holding a school accountable.
Federal Anti-bullying Laws Supporting Liability
While the federal government operates a vigorous anti-bullying campaign and even provides resources on individual states' anti-bullying laws, there is no broad-based federal legislation that prohibits bullying. This means that if your child has been bullied, your best resource for holding their school accountable is Wyoming state law.
That is not true 100 percent of the time, though. While federal law doesn't mention “bullying,” it does prohibit “harassment,” specifically in terms of certain protected groups. For instance,
- Title IV broadly prohibits discrimination on the basis of race, color, religion, sex, or national origin and applies to all public schools. Discrimination, in this case, includes all forms of harassment since harassment has the general effect of preventing a person from equal treatment.
- Title IX specifically bars 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 equal access to public education to students with disabilities. Again, harassment, by definition, prevents such equal access.
Federal civil suits can be more difficult to file than state suits. One reason for this is that there is a higher burden of proof to meet. You must be able to demonstrate not just that harassment occurred and not just that your child is a member of a protected class. You must also be able to show that the harassment was based on their protected class. That's not always easy.
Nevertheless, federal law offers yet one more way to hold schools and districts accountable when they fail to protect students. You can count on the attorneys at the Lento Law Firm to go over your case thoroughly. They'll recommend the very best course of action, whether that involves state or federal litigation.
Compensation for Bullying Victims in Wyoming
As we've already pointed out, “justice” in a bullying case doesn't usually involve holding anyone criminally responsible for their acts. No one goes to jail for “bullying.” Instead, justice in these cases means “compensation.” If your child's school district was negligent, you have a right to demand that they compensate you for any losses you may have suffered as a result of that negligence.
“Losses” can come in several forms. Of course, there are direct losses that may have occurred as a result of the bullying, losses you can easily quantify because they involved out-of-pocket expenses.
- Medical expenses
- Therapy or counseling expenses
- Money used 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
There are a number of other kinds of “damages” bullying can do, though, damages that aren't always as obvious but that nevertheless warrant compensation.
- Pain and suffering
- Mental and emotional distress
- Embarrassment
- Humiliation
- Fear or fright
- Shock
- Loss of enjoyment of life
Parents aren't always comfortable suing their school districts. You may feel awkward about leveling accusations or demanding money. If your child has suffered, though, you deserve compensation. The Lento Law Firm can help you determine what's fair and make sure that your child and your family get what you need to move forward and recover.
Pre-suit Steps for Wyoming Bullying Victims
It's important you prepare carefully for any civil suit and that you live up to your own responsibilities. Preparation is often the difference between success and failure.
- You need to document absolutely everything. Hold on to any physical evidence. Ask your child to write a narrative of what happened. Make careful notes about any communication you have with the school. All of this can be vital to your case.
- Report bullying immediately to your child's school. You cannot hold anyone responsible for their failure to respond to an incident if you did not give them a chance to respond.
- Participate fully in any investigations or hearings. The school can't react properly to bullying if it doesn't have support from the Claimant.
- If at any point your school or district is not acting in your child's best interest, report your concerns to state or local education authorities. It will only help your case to be able to show that you took every reasonable step to protect your child.
You do have a number of responsibilities, and it's not always easy to keep your head in the midst of worrying about your children. The law does give you some important protections, though. For instance, your district must protect you from any retaliation as a result of your complaint. Remember, too, that the Lento Law Firm is here to help. You can contact us the very moment you find out your child has been bullied, and we'll take action immediately.
Pursuing a Wyoming Civil Action on Behalf of a Bullying Victim
You've carefully planned for litigation. You've mapped out a strategy with your Lento Law Firm attorney. What happens next? What are the actual steps that occur in a civil suit?
- First, your attorney conducts a pre-suit investigation. As part of this investigation, they'll collect all the available evidence and sift through it to decide what is relevant and what is admissible.
- Once your attorney has compiled all the case material, they spend time researching the law and drafting an official complaint. Keep in mind that this complaint must be filed within specific time limits and with the proper court. This is one reason it is so crucial to have a Lento Law Firm attorney on your side throughout the process.
- Your attorney then issues an official summons to any district personnel involved in the incident.
- Throughout the pre-trial process, your attorney will conduct negotiations with the district on your behalf. The fact is, very few suits actually go to trial. Most are settled out of court. However, you want an attorney who is going to make sure your interests are fully represented, and you get everything you deserve.
- Next comes a period of Discovery. District personnel must sit for depositions and answer questions about what happened. You will be deposed as well, but your Lento Law Firm attorney will be with you the entire time to help you answer questions and protect your rights.
- If your case does go to trial, your attorney represents you in all matters. They make opening and closing arguments, submit evidence, question witnesses, and respond to defense arguments.
- Finally, once your case is over, your attorney is responsible for collecting any monies you are owed or for working with you to develop any appeals.
Defending Disciplinary Charges Against a Bullying Victim
Emotions always run high in bullying cases. Bullying can create extreme emotional stress. As a result, the situation can escalate sometimes. Often, for example, the person being bullied winds up being accused themselves. The bully tries to deflect blame by accusing the victim; the school can't sort out the facts and simply blames everyone, or your child does retaliate, a perfectly natural response given the circumstances.
Whatever the reason, victims sometimes wind up needing to defend themselves. The Lento Law Firm is ready to help in these situations as well. Our Student Defense Team was founded to protect students from allegations, and we're experienced in dealing with all types of cases. If your child has been charged with any sort of misconduct, we'll
- 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 protect you and your family at every step of the process.
Helping Your Student Avoid Wyoming School Bullying
It's worth saying, as we end this guide that the far better result than compensation in bullying cases is preventing bullying from occurring in the first place. The impacts of bullying are always severe, and anything you can do to avoid your child having to experience them is worthwhile.
- Talk with your kids about bullying. Make sure they can recognize bullying and that they understand what kind of damage it can cause. Make sure they don't participate in bullying themselves, and if they should become victims, make sure they don't retaliate.
- Encourage your child to report all instances of bullying, whether it's happening to them or to someone else. Your school should have designated personnel to deal with bullying, but all faculty and staff have a responsibility to respond appropriately.
- Support your child. Listen when they tell you they're being bullied. Recognize just how damaging bullying can be, even if it's just “teasing.” And stand by your child when they report.
- Encourage your kids to talk to their friends about bullying. It's one thing for adults to explain bullying; it is another when students instigate their own discussions. The more kids understand bullying, the less likely it is to happen at their school.
Premier Representation for Wyoming Bullying Victims
The Lento Law Firm was founded to help students. We know the law, we know the Wyoming 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.
Bullying remains a pervasive problem in America's schools, and as a parent, it can make you anxious. You should know, though, that Wyoming schools have an obligation to protect your child from bullying—not just a moral or ethical obligation, but a legal obligation. Wyoming law requires districts to respond to all bullying complaints. It also requires them to put measures in place to prevent bullying from happening in the first place.
If your child's school hasn't lived up to its obligation, if your child has become a victim of bullying, you have the right to hold it responsible for its negligence. You can file suit to force it to follow the law. You can file suit to recover any damages your family may have suffered.
Taking on a school district isn't an easy proposition, though, and you need someone on your side who knows education law, who understands how the Wyoming litigation system operates, and who has experience defending students. You need an attorney from the Lento Law Firm.
The Lento Law Firm's Student Defense Team is dedicated to making sure all students are treated fairly and that they have the very best opportunity to receive a quality education. No matter what the situation, we're on your side.
If your child is being bullied, don't wait. Call 888-535-3686 today, or use our automated online form.
First Things First: Addressing the Problem
Before we go any further, it's important you know that if your child is being bullied, your first priority must be to put a stop to it. We'll get into all the legal options you have for recouping your losses, but it takes time for a lawsuit to work its way through the courts. You don't have that kind of time to protect your child.
Bullying can have devastating effects on a child's physical, psychological, and emotional well-being. Of course, bullying disrupts the learning process. It's impossible to concentrate on learning the parts of speech when you're being teased or when you're worrying about what might happen to you at lunchtime. Physical harm can be even more serious. In addition, though, bullying can create deep and lasting internal scars. Children often withdraw and may even suffer from PTSD. They can develop fears. They can lose faith in the educational process and sometimes drop out of school. Again, you can't afford to risk these consequences. You have to act in the moment, and you have to act decisively.
You should never take the law into your own hands. You should never retaliate against a bully or their family, and you should never encourage your child to do so. Short of that, though, you must do everything in your power to put a stop to bullying as soon as you know it's happening. How can you do that?
- Contact your child's school. We cannot stress this enough: the law requires teachers and administrators to act when they receive bullying complaints. Most take bullying extremely seriously and will do whatever is in their power to help.
- If your district refuses to act, or isn't acting quickly enough, contact Wyoming's Department of Education. It can exert legal and financial pressure on schools to do their duty.
- It can sometimes become necessary to take your child out of school, at least temporarily. Removing them from the situation guarantees their safety.
- In some serious cases, you may need to contact local law enforcement, especially if the situation has gone beyond school grounds or is threatening to escalate.
Of course, dealing with bullying can be incredibly stressful, and it's not always easy to know just what is the right course of action. The Lento Law Firm is on your side, and we're not just here to represent you in court. We can help you map out a plan of action or make phone calls on your behalf. We know who to talk to in these situations, and we know what to say. We're skilled in negotiating resolutions, but we can also be fierce when we need to be. Just call 888-535-3686 or fill out our automated online form.
Wyoming Anti-bullying Laws
Protecting your child begins with understanding just what the law has to say about bullying. Wyoming passed the “Safe School Climate Act” in 2009, and it went into effect on January 1, 2010. That act clearly prohibits “harassment, intimidation, or bullying” and “reprisal or retaliation” as these relate to Wyoming schools. In addition, it places responsibility on Wyoming schools for creating policies that both respond to bullying and prevent bullying.
In terms of response, districts must
- Establish appropriate consequences for bullying
- Develop procedures for reporting bullying
- Develop procedures for investigating bullying complaints
- Institute strategies for protecting those making complaints
Crucially, though, districts are also tasked by state law with preventing bullying. For instance, they are required to
- Publish the anti-bullying policy as part of their comprehensive rules and procedures
- Provide training in anti-bullying procedures to all faculty, staff, administrators, and volunteers
- Discuss the policy with students
These elements of the law provide your child with protection and you, as the parent, with certain assurances. It's important that your child's school act appropriately when it receives complaints of bullying, and you can hold it responsible if it fails to do so. However, it also has a responsibility to prevent bullying. That means you may be able to hold the school liable any time an incident occurs, even if it has done its due diligence in investigating and punishing perpetrators. In short, schools and districts are always responsible when your child experiences bullying.
Wyoming Bullying Definition
One of the most important questions in any civil suit over bullying is just what the definition of bullying is. You need to establish at the outset that what occurred was actually bullying. Wyoming state law offers guidance here as well.
The definition applies not just to “bullying” but to “intimidation” and “harassment.” It includes three parts.
- The Act Itself: First, the law describes what acts constitute bullying. These include
- Written, verbal, and intentional acts
- Intentional gestures
- Intentional electronic communication
- Results of the Act: In addition, the law describes the effects caused by bullying. These can include
- harm done to a student physically or emotionally; damage done to a student's property; placing a student in “reasonable fear” that they may be harmed or that damage may be done to their property
- The insulting or demeaning of an individual or group
- The disruption of the educational environment
- The creation of an “intimidating, threatening, or abusive environment”
- Location of the Act: Finally, the law also stipulates where bullying can occur in order to fall under a school's jurisdictional authority:
- On school property
- On a school bus
- At any school-sponsored activity, whether or not it takes place on school grounds
Finally, as noted, Wyoming's definition of bullying includes “electronic communication.” However, the law does not explicitly require districts to prevent or respond to cyberbullying that occurs off campus.
Wyoming's Liability Laws as They Apply to Bullying
While Wyoming law is clear in prohibiting bullying, it does not speak to punishments for perpetrators. That is, bullying is not a criminal act. The law does require schools to institute appropriate punishments, but it does not mandate what those punishments should be. In short, you cannot file charges against your child's bully or their family.
However, you can hold their school district and district personnel responsible. Again, responsibility isn't defined as “criminal” in this instance. If an individual or a school's negligence led to harm, though, you can hold them financially responsible.
To do that, you must look beyond anti-bullying law to Wyoming's tort law. Tort law is a form of “restorative justice” that seeks to remedy wrongs by forcing those who committed harm to pay for the effects of that harm.
It can sometimes be difficult to hold governmental entities, such as school districts, liable for torts. That's because most states assert something known as “sovereign immunity,” which protects these entities from lawsuits. However, the “Wyoming Governmental Claims Act” gives citizens of the state the right to sue government agencies just as they would any private persons or agencies.
You cannot file suit against a district simply for doing its job as established by law. However, you can file suit any time a district or its personnel are negligent though. This could include any failure to
- 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
Wyoming Private School Liability to Bullying Victims
Unfortunately, Wyoming's anti-bullying laws do not apply to students at private schools. If your child attends such a school, they are not automatically protected from “harassment, intimidation, and bullying.”
That doesn't mean you can't hold such schools accountable when they are negligent. While bullying itself is not prohibited, many of the acts associated with bullying are. For instance, assault and battery are criminal acts, no matter where they may occur. If your child was a victim of these crimes on school grounds, you can hold the perpetrator responsible, but you can also hold the school responsible for allowing it to occur.
In addition, as you'll see in the next section, federal law requires any school that receives federal funds to protect certain classes of individuals—minorities, for example, women and the disabled. Many private schools receive federal funds in one form or another, making this another possible avenue for holding a school accountable.
Federal Anti-bullying Laws Supporting Liability
While the federal government operates a vigorous anti-bullying campaign and even provides resources on individual states' anti-bullying laws, there is no broad-based federal legislation that prohibits bullying. This means that if your child has been bullied, your best resource for holding their school accountable is Wyoming state law.
That is not true 100 percent of the time, though. While federal law doesn't mention “bullying,” it does prohibit “harassment,” specifically in terms of certain protected groups. For instance,
- Title IV broadly prohibits discrimination on the basis of race, color, religion, sex, or national origin and applies to all public schools. Discrimination, in this case, includes all forms of harassment since harassment has the general effect of preventing a person from equal treatment.
- Title IX specifically bars 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 equal access to public education to students with disabilities. Again, harassment, by definition, prevents such equal access.
Federal civil suits can be more difficult to file than state suits. One reason for this is that there is a higher burden of proof to meet. You must be able to demonstrate not just that harassment occurred and not just that your child is a member of a protected class. You must also be able to show that the harassment was based on their protected class. That's not always easy.
Nevertheless, federal law offers yet one more way to hold schools and districts accountable when they fail to protect students. You can count on the attorneys at the Lento Law Firm to go over your case thoroughly. They'll recommend the very best course of action, whether that involves state or federal litigation.
Compensation for Bullying Victims in Wyoming
As we've already pointed out, “justice” in a bullying case doesn't usually involve holding anyone criminally responsible for their acts. No one goes to jail for “bullying.” Instead, justice in these cases means “compensation.” If your child's school district was negligent, you have a right to demand that they compensate you for any losses you may have suffered as a result of that negligence.
“Losses” can come in several forms. Of course, there are direct losses that may have occurred as a result of the bullying, losses you can easily quantify because they involved out-of-pocket expenses.
- Medical expenses
- Therapy or counseling expenses
- Money used 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
There are a number of other kinds of “damages” bullying can do, though, damages that aren't always as obvious but that nevertheless warrant compensation.
- Pain and suffering
- Mental and emotional distress
- Embarrassment
- Humiliation
- Fear or fright
- Shock
- Loss of enjoyment of life
Parents aren't always comfortable suing their school districts. You may feel awkward about leveling accusations or demanding money. If your child has suffered, though, you deserve compensation. The Lento Law Firm can help you determine what's fair and make sure that your child and your family get what you need to move forward and recover.
Pre-suit Steps for Wyoming Bullying Victims
It's important you prepare carefully for any civil suit and that you live up to your own responsibilities. Preparation is often the difference between success and failure.
- You need to document absolutely everything. Hold on to any physical evidence. Ask your child to write a narrative of what happened. Make careful notes about any communication you have with the school. All of this can be vital to your case.
- Report bullying immediately to your child's school. You cannot hold anyone responsible for their failure to respond to an incident if you did not give them a chance to respond.
- Participate fully in any investigations or hearings. The school can't react properly to bullying if it doesn't have support from the Claimant.
- If at any point your school or district is not acting in your child's best interest, report your concerns to state or local education authorities. It will only help your case to be able to show that you took every reasonable step to protect your child.
You do have a number of responsibilities, and it's not always easy to keep your head in the midst of worrying about your children. The law does give you some important protections, though. For instance, your district must protect you from any retaliation as a result of your complaint. Remember, too, that the Lento Law Firm is here to help. You can contact us the very moment you find out your child has been bullied, and we'll take action immediately.
Pursuing a Wyoming Civil Action on Behalf of a Bullying Victim
You've carefully planned for litigation. You've mapped out a strategy with your Lento Law Firm attorney. What happens next? What are the actual steps that occur in a civil suit?
- First, your attorney conducts a pre-suit investigation. As part of this investigation, they'll collect all the available evidence and sift through it to decide what is relevant and what is admissible.
- Once your attorney has compiled all the case material, they spend time researching the law and drafting an official complaint. Keep in mind that this complaint must be filed within specific time limits and with the proper court. This is one reason it is so crucial to have a Lento Law Firm attorney on your side throughout the process.
- Your attorney then issues an official summons to any district personnel involved in the incident.
- Throughout the pre-trial process, your attorney will conduct negotiations with the district on your behalf. The fact is, very few suits actually go to trial. Most are settled out of court. However, you want an attorney who is going to make sure your interests are fully represented, and you get everything you deserve.
- Next comes a period of Discovery. District personnel must sit for depositions and answer questions about what happened. You will be deposed as well, but your Lento Law Firm attorney will be with you the entire time to help you answer questions and protect your rights.
- If your case does go to trial, your attorney represents you in all matters. They make opening and closing arguments, submit evidence, question witnesses, and respond to defense arguments.
- Finally, once your case is over, your attorney is responsible for collecting any monies you are owed or for working with you to develop any appeals.
Defending Disciplinary Charges Against a Bullying Victim
Emotions always run high in bullying cases. Bullying can create extreme emotional stress. As a result, the situation can escalate sometimes. Often, for example, the person being bullied winds up being accused themselves. The bully tries to deflect blame by accusing the victim; the school can't sort out the facts and simply blames everyone, or your child does retaliate, a perfectly natural response given the circumstances.
Whatever the reason, victims sometimes wind up needing to defend themselves. The Lento Law Firm is ready to help in these situations as well. Our Student Defense Team was founded to protect students from allegations, and we're experienced in dealing with all types of cases. If your child has been charged with any sort of misconduct, we'll
- 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 protect you and your family at every step of the process.
Helping Your Student Avoid Wyoming School Bullying
It's worth saying, as we end this guide that the far better result than compensation in bullying cases is preventing bullying from occurring in the first place. The impacts of bullying are always severe, and anything you can do to avoid your child having to experience them is worthwhile.
- Talk with your kids about bullying. Make sure they can recognize bullying and that they understand what kind of damage it can cause. Make sure they don't participate in bullying themselves, and if they should become victims, make sure they don't retaliate.
- Encourage your child to report all instances of bullying, whether it's happening to them or to someone else. Your school should have designated personnel to deal with bullying, but all faculty and staff have a responsibility to respond appropriately.
- Support your child. Listen when they tell you they're being bullied. Recognize just how damaging bullying can be, even if it's just “teasing.” And stand by your child when they report.
- Encourage your kids to talk to their friends about bullying. It's one thing for adults to explain bullying; it is another when students instigate their own discussions. The more kids understand bullying, the less likely it is to happen at their school.
Premier Representation for Wyoming Bullying Victims
The Lento Law Firm was founded to help students. We know the law, we know the Wyoming 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.
