Top-Notch Representation for Bullying Victims in Maryland

Finding Representation for Bullying Victims

Mental health experts call bullying a “silent epidemic.” While some may think of bullying as simply harmless teasing or even a childhood rite of passage, the latest research shows that bullying can have long-term mental and physical health consequences for victims.

Unfortunately, far too often, bullying victims are not protected the way they should be. But it's important to know that bullying victims have legal rights. If you or your child have been the victim of bullying in Maryland public elementary or secondary schools, you are entitled to relief. That relief may come in different forms. For example, your student may be entitled to administrative relief within the school or school district. If the school or school district consistently fails to report, document, or investigate bullying, you can ask for state or federal regulators to step in to investigate or penalize the school. Finally, in some cases, it may make the most sense to sue the school in civil court for monetary damages and injunctive relief.

To better understand your student's rights in Maryland's elementary and secondary schools – as well as to receive legal relief – it is important to engage the right representation. The Lento Law Firm's leading Education Law Team can help. Let us assist you as you fight for your student's rights in the state of Maryland. Call us today at (888) 535-3686 or reach out to us online to discuss your specific case.

A Serious Problem in Maryland Schools

All fifty states have anti-bullying laws on the books, which offer specific protections for the victims of bullying at schools. Maryland is no different. The Maryland State Department of Education even has a specific bullying prevention website, where they emphatically state that “all students have the right to be free from bullying, harassment, and intimidation.”

Bullying is a serious issue – with long-term consequences for those victimized, particularly during the school years. Not only can it affect your student's performance in school, but it can also wreak havoc on the victim's mental health and emotional development. If your student is the victim of bullying, and you do not feel your Maryland K-12 school has done enough to prevent or manage the issue, you have good reason to be concerned. Your student has rights – and by retaining the Lento Law Firm's Education Law Team, you can get help before your student suffers irreparable harm.

Understanding Maryland's Anti-Bullying Laws

It's important to understand that bullying can have lethal consequences. In 2013, Maryland passed Grace's Law, anti-bullying legislation that included cyberbullying, which many hailed as one of the strongest pieces of anti-bullying legislation in the country. The law was named for a 15-year-old Maryland girl, Grace McComas, who took her own life after being harassed online.

Maryland Education Code Section 7-424.1 provides a legal framework for promoting the health and safety of students. It calls for schools to create model policies to prohibit bullying, harassment, and intimidation in K-12 schools. The code details that any verbal, physical, or written conduct, including intentional electronic communication, motivated by “an actual or perceived personal characteristic including race, national origin, marital status, sex, sexual orientation, gender identity, religion, ancestry, physical attribute, socioeconomic status, familial status, or physical or mental ability or disability” is counted as bullying – and local school districts must have clearly defined anti-bullying policies. Not only should that policy include a standard process for submitting bullying complaints, but it also calls for educational programs to help prevent bullying before it starts. The state also has other important provisions regarding how school staff and faculty should deal with bullying complaints – including specific procedures for investigation and resolution.

How Maryland Defines Bullying

Maryland Education Code 7-424.1 defines bullying, harassment, or intimidation as “intentional conduct, including verbal, physical, or written conduct, or an intentional electronic communication” that:

• Creates a hostile learning environment by substantially interfering with the victim's “educational benefits, opportunities, or performance” or the victim's “physical or psychological well-being.”
• Is motivated by “an actual or perceived personal characteristic including race, national origin, marital status, sex, sexual orientation, gender identity, religion, ancestry, physical attribute, socioeconomic status, familial status, or physical or mental ability or disability.”
• Is “threatening or seriously intimidating.”
• Occurs on school property, at a school activity or event, on a school bus, or “substantially disrupts the orderly operation of a school.”

The definition also clearly defines electronic communication as any communication “transmitted by means of an electronic device, including a telephone, cellular phone, computer, or pager,” and was further updated to include social media communications.

It is important to note that Maryland anti-bullying laws and regulations do cover events that occur off-campus.

Maryland Liability Laws in Cases of Bullying

Maryland's anti-bullying laws specifically state that school employees who report an act of bullying, harassment, or intimidation in accordance with the school district's policies are not civilly liable. A recent Maryland Court of Appeals ruling in 2021, however, states that teachers can be sued if found negligent in the protection of students during physical altercations – which can and do occur in a bullying situation. As of 2023, the state legislation is currently mulling House Bill 137, a new law that would help protect school personnel from civil liability in certain circumstances.

In order to sue an individual or school district, however, bullying victims must file a Tort Claims Act action in the state of Maryland. It's important to understand the limitations of the Tort Claims Act. This law was put in place to limit the right of individuals to sue state government entities. That includes public schools.

The Maryland Tort Claims Act specifies that you must be an adult to file, meaning a parent or guardian of a bullied student must do so. The filer must make a written claim within one year of the bullying incident or incidents. And there is a cap on how much you can be awarded for bullying. Certain counties in the state may have their own local Tort Claims laws, too. The nuances matter – and matter a lot. And, depending on your specific situation, Maryland law may not permit bullying claims. It's yet another reason why it's so important to have an experienced Education Law Team by your side. The Lento Law Firm attorneys can evaluate, investigate, and pursue your case so you can see justice done for your student.

Potential Lawsuit Defendants for Bullying Liability in Maryland

Thanks to Maryland's Tort Claims Act, you may sue the school or school district – but not an individual employee of the school or district, unless your student was directly bullied by that person. If the teacher, school principal, or other administrator was acting within their defined government duties, they may have immunity from liability. In that case, your relief can only come from the school or district.

If they were the perpetrator of bullying or abuse, it is a different matter. There are also certain exceptions when the courts determine individual governmental immunity. Once again, there are complex issues at play. You want skilled attorneys to understand the ins and outs of your case to determine the best course forward – and what will help you recover the most relief.

Understanding Personal Injury Laws and How They Protect Bullying Victims

What may seem like a clear-cut case of bullying harm may not always be something you can try in court. The Maryland Tort Claims Act permits you to sue a governmental agency, like a public school or public school district, to recover damages for bullying harm. But it's important that you also look at the state's personal injury laws to see whether you have a claim that will allow you to hold the school accountable for your student's bullying harm. In most cases, recovery for bullying is covered under the negligence tort claim. If your student's school, including teachers, staff, principals, and other school officials, failed to use reasonable care to protect your student, you likely have a claim.

Some examples of negligence include:

• The failure to adequately monitor classrooms, common areas, playgrounds, and other school property for bullying;
• The failure to take immediate action to intervene in cases of bullying;
• The failure to separate bullying victims from known bullies;
• The failure to protect bullying victims from consequent acts of bullying;
• The failure to follow school procedures and policies with regard to complaints of bullying;
• The failure to fully investigate and address bullying complaints;
• And the failure to prevent retaliation for bullying complaints.

While negligence is the most common tort claim in bullying-related cases, it is not the only tort claim that can be used when it comes to bullying at school. For example, if a teacher, administrator, or school officials perpetrated the bullying or were somehow party to the bullying, you may also be able to file claims for assault, battery, intentional infliction of emotional distress, defamation, or invasion of privacy. Having the right team of attorneys on hand to protect your student's rights can help you determine specific causes of action to support your bullying claim – and help you get the relief you seek.

Maryland Liability to Bullying Victims in Private Schools

Maryland's anti-bullying laws are not applicable in private institutions. If your student has experienced a bullying situation at a private elementary or secondary school, you may still pursue a civil court action. However, the policies and procedures may be different. Our attorneys can help investigate the matter and help you determine how to best proceed to find relief.

Federal Anti-Bullying Laws Supporting Civil Liability

While all 50 states have some sort of anti-bullying legislation to guide public elementary and secondary schools, there is no overarching federal law that provides private right of action to receive relief from schools for bullying harms. If your student has been bullied in the state of Maryland, any recovery will come from state law. That said, far too often, bullying coincides with discriminatory behaviors which are prohibited by federal law and can provide private rights of action for monetary damages. Such federal laws include:

• Title IV of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, or national origin in public or private schools that receive federal financial assistance;
• Title IX of the Education Amendments Act of 1972 protects students against sexual assault, sexual harassment, stalking, intimate partner violence, and domestic violence in public or private schools that receive federal financial assistance;
• Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability;
• Title II of the Americans with Disabilities Act requires “reasonable accommodations” for students with disabilities;
• The Individuals with Disabilities Education Act (IDEA) guarantees a free “appropriate” public education to students with disabilities.

While bullying alone may not support a civil court action for monetary damages against the school based on these federal laws, if you can prove any bullying was based on animosity over the student's race, color, national origin, religion, sex, disability or other protected class, you may have a claim. It is also important that you have evidence that the school was aware of the unlawful and discriminatory bullying conduct – but ignored it. But, once again, federal civil liability is a complex topic. You need skilled and experienced representation to help you present your strongest case – and get the best resolution possible.

Compensation for Bullying Victims in Maryland Schools

There are several types of compensation you can receive when you make a claim against an elementary or secondary school where your student has been bullied. You may ask for compensatory damages or losses that occurred naturally from the bullying, including medical expenses, replacement of stolen or damaged property, or the cost of counseling services. If your student is part of the workforce and suffered injuries that affected his or her ability to do their job, they could also ask for lost wages or lost earning capacity. You can also ask for damages for non-tangible losses, including pain and suffering or mental and emotional distress.

Compensatory damages for direct economic losses tend to be easily justified. Non-economic damages, however, aren't as clear-cut. Civil courts award money for these losses. So, it's important to have the right representation to help you present your case, as your student could make a substantial recovery.

What To Do Before Filing Suit in Maryland

Your first step won't be to file a suit in civil court for your bullying case. It is important that you first exhaust all school administrative remedies first. Maryland public K-12 schools have policies that should be followed – and you must first follow the outlined steps before you can go to the courts for monetary damages or injunctive relief. Each school district has its specific anti-bullying policies, which are based on the state's model policy. As the parent or guardian of a student who has been bullied, you must report any incidents to the school, allow the school to conduct an investigation consistent with due process rights, and attempt to remediate the situation. If that does not fix the issue, you can file a complaint directly to the Maryland State Department of Education. They may also be able to offer relief – but they need the right information to investigate and adjudicate the matter. Let us help you exhaust all options with the school, school district, and board of education to help protect your student.

Filing a Civil Action on Behalf of a Bullying Victim in Maryland

If you have exhausted all options with the school or school district and are still not satisfied, you may be eligible to file a civil lawsuit. But, as stated before, you must file using the Maryland State Tort Claims Act. These cases are, by their very nature, complex. It pays to have experienced counsel to help you present the strongest possible case. If you are ready to pursue a civil lawsuit, you should:

• Retain the Lento Law Firm's Education Law Team to help you assess, investigate, and prepare your claim. Their skills and experience will assist you as you navigate the complex procedures involved in a civil suit;
• Practice patience. Before a suit is filed, it is likely that our attorneys will need time to do a pre-suit investigation to identify and gather critical evidence that will help support your claim;
• Our attorneys will then research and draft a detailed complaint to file with the appropriate court. This is important: if you file in the wrong court, your claim will be dismissed outright;
• Our attorneys will ensure service of your complaint, as well as court's summons, to the appropriate school officials so they can respond in a timely manner;
• Our attorneys will communicate with the school district's attorney in an attempt to negotiate a favorable settlement;
• If our attorneys are unable to resolve your case, the claim will move on to trial. It is important to understand there will be a period of discovery where evidence is collected and exchanged between parties. Pretrial motions may also be filed by our attorneys or those of the school. Those motions will direct how the claim is litigated in court;
• A judge may order mediation to avoid a costly trial. Our attorneys will represent you and your interests with these alternative dispute resolution methods;
• If your case goes to trial, we will help you present a strong case with compelling evidence, as well as challenge the school's defense.
• Once a ruling has been filed in your favor, our attorneys will also help enforce that ruling and ensure you collect on the judgment. If things are not decided in your favor, we can also help you pursue an appeal when necessary.

The Lento Law Firm Education Law Team provides full services to help manage any claims against the school or school district for bullying harm. Civil litigation is complicated and requires the right skills to be successful. For the best possible outcome, you want to retain the best attorney representatives.

Dealing with Disciplinary Actions Against a Bullied Student

Unfortunately, victims of bullying may sometimes be charged with disciplinary actions at school. Far too often, when schools fail to prevent or manage bullying situations, bullying victims may feel forced to fight back in self-defense or take matters into their own hands in other ways. This can lead to your student being disciplined. Sometimes, this is just ignorance on the part of teachers or other staff. They don't know about past issues. But sometimes, it can also be retaliatory. It's important that you deal with any potential disciplinary issues with care to protect your student's rights. Our Student Defense Team is ready, willing, and able to help your student fight any allegations that lead to disciplinary proceedings. We can help you:

• Carefully document incidents of bullying;
• Ensure that all bullying has been appropriately reported to the school authorities;
• Respond to the disciplinary complaint;
• Identify and gather evidence to mount an appropriate defense;
• Work within the school's disciplinary procedures to prove that defense;
• Communicate and negotiate with school officials on your student's behalf;
• Seek appropriate mitigation or relief through existing school oversight channels.

Avoiding Bullying in Maryland

Maryland statutes also include legislation that requires school districts to provide effective educational programs to prevent bullying, harassment, and intimidation. Teachers must undergo training – and resources are also available for students and parents.

As noted previously, fighting for your student's rights when they've been bullied can be challenging. The best way to help students avoid the negative consequences of bullying is to help them avoid it altogether. Encourage your student to pay careful attention to the anti-bullying educational programs and resources available in their schools. And make sure if they see bullying, they speak out and report the issue.

The Lento Law Firm Education Law Firm Is Here for You

Your student has already suffered enough. Let the Lento Law Firm's Education Law Team protect their rights – and help them see justice. They can help you understand your options and bring your case to the most favorable resolution. Call us today at (888) 535-3686 or reach out to us online to discuss how we can help you get justice for your bullying victim.