For a parent, it feels like a nightmare going from bad to worse. Your child's school takes some sort of disciplinary action against them, whether based on poor academic performance or some allegation of misconduct. Throughout the process, you feel strongly that the school's actions were inappropriate or failed to meet its own protocols of fairness. Now, in the wake of this adverse action, you discover your student is committing acts of self-harm (i.e., self-injury or self-mutilation).
While self-harming behaviors are most prevalent among teens and young adults, no age group is completely immune. It can happen at the college/university level, high school, middle school, and even elementary school. While there's no single cause for it, most research shows self-harm is used as a coping or escape mechanism triggered by overwhelming emotional distress, feelings of worthlessness, etc. And while self-harm may seem like an extreme reaction to disciplinary actions taken by a school (whether a K-12 school or a college/university), the fact is that students are more prone to feel helpless and defenseless when their school takes unfair actions against them—particularly because they feel they have no recourse.
The decision to sue a school is a difficult one, especially when the reason for doing so is based on an incident involving self-harm. However, in some cases, after negotiation fails, it may be the only way to ensure that justice is served and your child gets the help they need. That being said, because it can be challenging to prove a school's actions triggered this behavior, you need the help of an experienced education attorney to ensure your best chance of success. Attorney Joseph D. Lento and his Education Law Team have nationwide experience resolving school-related disputes, including successful litigation, if necessary.
What Is Self-Harm?
Self-harm is defined by mental health professionals as an intentional infliction of physical pain or injury on oneself. Some experts also include other general self-destructive behaviors in this definition, such as engaging in substance abuse or disordered eating. While self-harming behaviors may indicate increased suicide risk, most incidents of self-harm don't stem from a desire to die, but rather a desire to cope with unmanageable emotions or trauma. The behavior generally stems from issues including low self-esteem, depression, isolation, and guilt. While the behavior is potentially dangerous both physically and emotionally, it is important to recognize that those engaging in self-harm are often seeking relief from negative feelings and should be provided professional guidance rather than judgment.
Common Types of Self-Harm
The most common type of self-harm is the practice of cutting, which is the act of intentionally making physical cuts on the body with a sharp object. However, self-harm can manifest in a wide range of other types of behaviors, such as:
- Burning oneself (typically using an object like a cigarette, lit match, curling iron, etc.)
- Hitting oneself (or striking an object to inflict pain, e.g., banging one's head against a wall
- Pulling one's hair (trichotillomania)
- Scratching or picking at the skin to the point of drawing blood
- Ingesting dangerous substances (e.g., bleach, detergent)
- Attempting to break one's own bones
- Inserting foreign objects into body openings
- Substance abuse
- Disordered eating
- Engaging in promiscuous or even dangerous sexual behaviors (e.g., purposeful unprotected sex, erotic asphyxiation)
Warning Signs that Your Child May Be Engaging in Self-Harm
In most cases, children who are committing self-harm will take steps to conceal the behavior, so the warning signs aren't always obvious to a parent. Here are some common signs and symptoms to watch for:
- Unexplained cuts, bruises, or scratches. Kids may get occasional cuts and bruises on a regular basis, but if you start noticing them occurring more frequently than usual, that's often not a good sign—especially if they give vague answers about how they got them.
- Wearing long sleeves or pants in warm weather. Kids often use long-sleeved shirts or pants to cover areas where they have been cutting. If you notice your child wearing these clothes in warm weather or at times that are out of character for them, it's time to ask questions.
- Avoiding activities that show skin. If your child starts skipping P.E. classes or stops participating in swimming or sports they normally enjoy, they may be trying to cover up that they've got unexplained cuts and bruises.
- Isolating from friends and family. If your child starts acting isolated or distant, it may be a sign that they are struggling emotionally, which may be a precursor to self-harm.
- Changes in eating or sleeping habits. Skipping meals, binge eating, insomnia, or sleeping excessively during the day--these may all be signs of severe depression or eating disorders.
What Types of Adverse Actions from the School Could Potentially Trigger Acts of Self-Harm?
Children may begin engaging in self-harm over a wide range of possible triggers, which is why it can be challenging to hold a school liable for this behavior. However, there are a lot of negative actions a school could take against a student that could cause them to feel despondent, hopeless, helpless, or emotionally distraught. Some examples include, but are not limited to:
- Suspending or expelling the student. This can be especially traumatic for the student if the school fails to give them a fair opportunity to present their side of the story.
- Placing the student into unfair or overwhelming remediation. Remediation programs are supposed to help students get back on track if they're underperforming academically--but many times, these solutions create unnecessary stress by putting more obligations on the student than necessary.
- Failing to protect the student from bullying or harassment. A school that fails to protect a student from bullying, teasing, or other forms of harassment is potentially liable for any resulting mental health issues--including acts of self-harm.
- Failing to provide necessary accommodations. Schools are required by law to provide reasonable accommodations for students with disabilities and special needs. If they fail to do so, and the student is struggling as a result, they may be liable for any damage caused.
- Other disciplinary or remedial actions. For some students, simply being placed into detention, Saturday School, or being sent to a remedial class can create a sense of overwhelming humiliation if the school does not provide proper emotional support.
Deciding Whether to Sue the School Over Your Child's Self-Harm
In the vast majority of cases where parents or students have a dispute with the school, litigation should be the last resort. Whether it's an issue of school discipline over alleged misconduct, an academic shortfall, an ADA compliance issue, a Title IX violation, or some other concern—most such issues can be resolved through skillful negotiations and appeals processes, especially with the help of an education attorney or an attorney-advisor. That said, there are times when negotiations fall short, or the school, college, or university simply doesn't follow its own protocols of fairness when imposing an adverse action on the student. If there is evidence that those adverse actions have triggered self-harm or other destructive behaviors, and your child is suffering as a direct result of this negligence, it may be highly appropriate to sue the school at that point.
That said, holding a school legally liable for your child's self-inflicted injuries is easier said than done because (as the school's lawyers will likely contend) there may be many possible explanations for the self-harm. To determine whether litigation is a good option, it's important to start by asking a few key questions:
Did the school violate its own protocols for disciplinary actions against the student? In other words, did school authorities treat your child unfairly by their actions, and/or did they violate your child's rights in the process?
Did the child begin self-harming behavior in the wake of the school's negative action? If your child has no history of self-harm, did it begin after the bad experience with the school? Or if your child had recovered from a stint of self-harm, did they resume these behaviors after the bad experience? Is there evidence to confirm this?
Did the school do all it could to provide support for the student? Was there a counselor, psychologist, or other mental health professional available to provide support for the student in a timely manner? Or did the school fail in these responsibilities?
Consulting with a qualified attorney is strongly recommended when weighing these issues. A good education attorney can evaluate the situation and determine whether you have a winnable case should litigation be the best option.
What Evidence Is Necessary to Show the School Was at Fault?
To successfully litigate against the school, your attorney will need to provide evidence to establish that the student's experience of self-harm is directly related to an adverse action from the school. This includes carefully documenting the timeline of events leading up to the occurrence(s) of self-harm, as well as any pre-existing conditions that might be relevant, to show that the school's negligence or wrongdoing was a direct contributor to your child's behavior and consequent injuries. One possible legal approach is to treat the case almost like a personal injury case by establishing the following:
- The school had a reasonable duty of care to create a safe and supportive learning environment for your child;
- The school breached its duty of care through the adverse action taken against the student;
- This negligence was a material factor in triggering behaviors of self-harm; and
- Your child suffered damage, loss, and emotional trauma as a result of this negligence.
What to Do If You Believe the School's Actions Have Led to Self-Harm
When a student commits self-harm after experiencing disciplinary or other negative actions from their college, university, high school, or elementary school, you should take the following steps as soon as possible.
- Get help for your child (including both medical treatment and counseling). Regardless of the school's culpability, your first priority is your child's safety and well-being. Get help as soon as possible to ensure the pattern of self-harm doesn't continue or progress into something more serious or life-threatening.
- Keep track of all records and expenses related to treating your child's treatment. This includes all medical/health records, diagnoses, medical bills, cost of therapy, etc.
- Gather as much documentation as possible related to the adverse action and resulting self-harm. Try to collect enough evidence to establish a timeline and a link between the school's actions and your child's resulting behavior. This may include logging phone calls, documentation of the school's disciplinary process, witness testimony, etc.
- Consult with an experienced education attorney. The Education Law Team at the Lento Law Firm provides guidance as to how to document the school's actions and how to connect the adverse action with the self-harm. They can also exhaust all negotiation opportunities with the school before filing suit. And if litigation becomes necessary, your attorney can help you not only obtain justice for your child, but also obtain financial compensation for emotional distress and other damages incurred as a result of the school's negligence.
Discovering your child has developed a problem with self-harm can be devastating—especially if it happened because of the bad actions of an institution that should have protected them. But know that you're not alone. The team at The Lento Law Firm has years of nationwide experience handling cases of this nature. Attorney Joseph D. Lento and his education law legal team are well-versed in gathering the evidence necessary to formulate a strategy and build a winning case, both to help you and your child receive much-needed compensation and to hold the school accountable for their actions.
If your child is hurting themselves in the wake of bad actions from a K-12 school, college, university, or post-graduate facility, don't face this difficulty alone. The Lento Law Firm can help you get the results necessary to help restore your child and your family to wholeness while also saving their academic career. Call today at 888-535-3686 to schedule a consultation.
