Much has been made of the United States' younger generations' desire for inclusivity and diversity. Unfortunately, that attitude doesn't seem to result in fewer bullying cases than in eras past. It may come as a surprise that about 22 percent of American students in middle and high schools reported experiencing bullying at school.
What has changed with newer generations is the way bullying manifests itself in schools. It's no longer as simple as the stereotypical example of a student being shoved into a locker. Actions that can be considered bullying include:
- Harassment
- Teasing
- Hazing
- Starting and spreading rumors
- Threatening behavior
- Psychological manipulation
- Online attacks
To put it succinctly, bullying is any behavior perpetrated by a student, faculty, or other school community member that negatively impacts a student's health or interferes with their ability to learn. With ever-increasing modes of communication between students, including online classes and the integration of social media into lesson plans, the opportunities for bullying have never been greater.
The trauma from being bullied varies from person to person, but it frequently results in long-lasting mental and emotional distress. If you are the parent of a targeted student, strongly consider seeking legal help before the situation has a chance to escalate.
The Lento Law Firm's nationwide Education Law Team is a group of premier attorneys who focus on cases just like these. We help bullied students and their parents build the strongest case possible for legal relief and monetary damages. Consult with our team today via our online form or by calling 888-535-3685.
What Are the Anti-bullying Laws in Wisconsin?
The United States has no federal law that specifically addresses bullying. The subject has largely been left up to the states to legislate themselves. This includes Wisconsin, which has had a few anti-bullying laws and statutes ratified. These laws apply primarily to elementary and secondary schools.
The most prominent anti-bullying law in Wisconsin is Statute 118.46, which requires public school districts to develop and implement bullying policies with very specific guidelines. Each district must include all of the following in their policy:
- A definition of what is considered to be bullying
- Verbiage expressly prohibiting bullying in all its forms
- A process for reporting cases of bullying (that must include confidentiality)
- Safeguards against retaliation based on a student reporting a bullying incident
- An outline for the process the district will take to investigate these reports, including a requirement that the district appoints an employee at each school to conduct the investigation
- A requirement that a parent or guardian of each student involved in a bullying incident be notified
- A requirement that school officials and employees report incidents to the appointed claim investigator
- A list of alternative forms of discipline for students engaged in bullying or those who retaliate against a student based on a report
- Clarification on school-related events at which this bullying policy would apply
- Identification of the school-owned buildings and property on which the policy would apply
- Identification of the school-used vehicles on which the policy would apply (such as a school bus)
In addition to the creation of this policy, each school district must make the policy available on its website for anybody who requests it. Districts must also develop guidelines for an anti-bullying awareness program.
Wisconsin Statute 948.51 focuses on the prohibition of hazing, a specific subcategory of bullying. The statute defines hazing as reckless and intentional “forced activities,” which are made mandatory as a condition of inclusion in an organization. It does not matter whether the student is a willing participant, only that their physical health or safety was put in jeopardy by the activity.
When people hear “hazing,” their first thought is often some sort of college fraternity ritual. However, hazing is also a problem with younger students, frequently causing issues on high school sports teams. Instances of hazing can be quite brutal, including beating, branding, sexual acts, and forced food or drug consumption. Parents of students who have been hazed by their high school sports team, especially if it occurred on school property, should contact the Lento Law Firm to assess potential legal actions.
How Does Wisconsin Define Bullying?
Simply put, Wisconsin law does not define which types of behavior constitute bullying in the state. Instead, the law requires that each district establishes its own definition of the term, along with the conduct that falls under its umbrella.
Parents should look to their student's school district for specific definitions that will apply to their claim. Still, while these definitions may vary slightly, they will likely include a version of the following:
- Physical bullying — hitting, pushing, shoving, kicking, hair pulling, etc.
- Verbal or written bullying — threats, intimidation, teasing, name-calling, demeaning comments, drawings and cartoons
- Indirect bullying — spreading rumors, social exclusion, lying, inappropriate gestures, disseminating intimate photos, pranks
- Prejudiced bullying — acts motivated by hate for a social group or race to which a student is perceived to be a member (even if they are not)
- Cyberbullying — bullying that occurs through email, texts, direct messages, websites, social media, or other apps
Please note that schools are only liable for conduct that occurs at school or under school supervision (e.g., on a field trip). There is, however, some gray area in what is considered to be under school supervision. This is especially true when it comes to cyberbullying.
While a large chunk of most students' online activity happens outside of school hours, it may still be considered under the school's purview if it impacts the bullied student's ability to learn while at school. Whether or not the court will hold the school liable for such activity largely depends on the competence of your legal representation. The Lento Law Firm's premier Education Law Team is an experienced group of attorneys who handle similar cases for clients nationwide. For a consultation about your bullied student's chances in a liability case against a public school district, please contact us today.
What Are the Legal Options for Wisconsin Bullying Victims?
It should come as no surprise that the bullying policies created by Wisconsin school districts focus primarily on the prohibition of bullying on district property, as well as the proper reporting procedures when those instances do occur. It is not necessarily in the district's best interest to give parents play-by-play instructions on how to sue them.
That is where the Lento Law Firm comes in. We are familiar with all the legal paths available in Wisconsin to hold school districts accountable for their negligence or noncompliance. These liability laws are called “torts.” They allow a bullied student and their parents to introduce civil legislation against government agencies (including school districts).
The end goal of any tort claim is for the plaintiff to collect monetary damages. These are not criminal cases, so the consequences for the district (should the ruling go against them) would only be financial and would not result in any sort of jail time for anyone involved. Regardless of whether the school feels they acted wrongly, they may still be liable for emotional, physical, and social harm inflicted upon the bullied student. Parents and guardians of targeted students should consult with the Lento Law Firm's Education Law Team for a professional opinion about where they stand.
Wisconsin Tort Claims for Bullied Students
Statute 893.82 of the Wisconsin Code enables citizens to take civil legal action against a government agency. However, there are still conditions that must be met in order to do so. The main stipulation is that a written notice of the tort claim must be filed by the plaintiff (in this case, that means the bullied student, their parent or guardian, and their legal team) with the state's attorney general within 120 days of the injury. The notice requires information like the date, time, and location of the bullying, the circumstances that caused the injury, the names of any state officials (including school employees) involved, and the type and amount of damages the plaintiff is seeking.
In an ideal world, the government would simply choose to pay the claimant what they are asking. The much more likely scenario is that the government chooses to deny the claim. From that point, the plaintiff has three years to file the claim with the courts. It is absolutely crucial to have legal representation at this point in the case, as any mistakes when filing can be used as cause to deny the claim.
Who Is Held Liable in Public School Bullying Cases?
Government employees have a level of immunity against civil litigation. This means that while their employment could very well be terminated as a result of their actions, they won't be required to pay any of the damages out of their own pocket. What does this mean for the parents of bullied students? It means that any lawsuit you file against a Wisconsin school district will most likely be against the school or district itself and not any of the individuals at fault. Government agencies often have a fund built with the purpose of paying out liability cases. This is good news, as it means that there should be money available for the plaintiff to collect (if the case is successful). For more information on who would be held liable in your student's case, contact the Lento Law Firm.
What Wisconsin Person Injury Laws Apply to Bullied Students?
While Wisconsin Code 893.82 gives bullied students the ability to file a lawsuit against their school or school district, there needs to be a readily provable reason behind the claim. The most common reason schools are held liable in bullying cases is negligence, which can be found in Wisconsin Code 895.045. More specifically, this is the statute regarding contributory negligence.
Contributory negligence is the legal way of saying that the plaintiff can only recover monetary damages equal to the defendant's proportion of fault (in this case, the degree to which the school is responsible). In other words, if it is determined that a bullied student was 10% responsible for a given incident, the courts would only be able to grant them a maximum of 90% of the potential damages. Where Wisconsin differs from some states is its 50% rule, which will not let any damages be recovered by the plaintiff if they are determined to be at fault for greater than 50% of the damage.
Negligence can take many forms, but in cases like these, it typically relates to the failure of a school to follow the guidelines legally required by the state. Other tort claims, such as assault, battery, defamation, and sexual assault, can also apply to bullying cases. Contact the Lento Law Firm so that our attorneys can figure out the right way forward in your case.
Can Private Schools Be Held Liable?
If a student's bullying or harassment took place at a private school, the rules for filing a lawsuit would be different than if it occurred at a public school. Since private schools do not fall under governmental control, the process may more closely resemble a lawsuit against a privately owned company.
What does this mean for the parents of bullied private school students? Does this make the case more complicated? Not usually. In fact, it may actually end up being a simpler process. While your attorneys will still use traditional personal injury torts to establish liability, they will not have to abide by Wisconsin government tort laws that regularly involve strict procedural rules.
Federal Liability Laws May Apply to Bullying Cases
There are no federal laws in the book that specifically criminalize bullying. That doesn't mean, however, that federal statutes are not relevant to cases involving student bullying. While the right of a parent to take legal action against their targeted student's public school district is best solidified by Wisconsin's personal liability tort laws, United States federal anti-discrimination laws can provide valuable legal standing to strengthen the plaintiff's claim. Specific federal acts that may be relevant in a bullying or harassment case are:
- The Civil Rights Act of 1964. In conjunction, Title IV and Title VI promise students equal protection against discrimination based on various characteristics like race, color, religion, sex, and national origin. For bullying cases, it's important to note that this act applies to any school that receives federal funding, which may mean it does not have valid standing in a claim against a private school.
- The Education Amendments of 1972. Title IX is commonly known as the statute used to hold universities accountable for on-campus sexual assault, but it also protects younger students against sexual crimes (harassment and assault), domestic violence, and stalking. This applies to both public and private schools. If a bullied student experiences any sexual harm or hazing, this may be an important law to consider.
- The Individuals with Disabilities Act (IDEA). This law, along with Section 504 of the Rehabilitation Act of 1973, prohibits discrimination against students with disabilities. Unfortunately, many cases of bullying occur due to the aggressor's perception of “otherness,” and students with disabilities are often targeted.
If a parent thinks their student may have been harassed or bullied based on their protected class, the best move is to inform their legal team. The Education Law Team at the Lento Law Firm can investigate these claims and determine if there is sufficient evidence to present them to the court. The same thing applies if parents feel their student's protected characteristics were a factor in the school district's failure to adequately address the bullying concerns.
It should be noted that these federal laws typically only become relevant after negligence or another state statute violation has been identified. When filing a lawsuit against a school district in a bullying case, the best indicators for successfully recovering monetary damages are the following questions:
- Was the school made aware of the bullying?
- Did the school act in a timely manner and follow state and district procedures to adequately protect the targeted student?
If the answer to these questions is “yes,” it is likely that the plaintiff may have a valid case. Additional information, like whether discrimination played a factor in the school's response, can then be used to strengthen the plaintiff's position and potentially push for higher damages. To discuss the details of your case, contact the Lento Law Firm's Education Law Team today at 888-535-3686 or by using our online form.
Compensation: Economic and Non-economic
Monetary damages in Wisconsin are determined based on the perceived level of damages incurred by the plaintiff. Clients in bullying cases often wonder: How do they come up with the value? How can the trauma from being bullied be quantified?
The value of damages in an average case involves the tabulation of each loss that is seen as a direct or natural result of the bullying itself, as well as any harm caused by the school district's negligence in attempting to resolve the issue. There are two different kinds of damages: economic and non-economic. Economic damages are generally easy to calculate as they apply to objects and actions that have an established cost. This could include:
- Any out-of-pocket bills for medical expenses and treatments (this includes therapy needed to overcome mental hurdles related to the bullying)
- The cost to replace assistive items like broken eyeglasses or a damaged wheelchair
- Repaying the market value of any damaged personal items or devices (laptops, smartphones, clothes, backpacks, books, etc.)
- The cost incurred to move your student to a different school (if that was necessary)
- Compensation equivalent to the student's missed wages (i.e., if the student was unable to continue working at their part-time job as a result of being bullied)
As you can see, these values should be well documented and, therefore, easy to prove. However, most parents of targeted students know that there is a much heavier cost associated with bullying: emotional trauma. A horrible experience, especially during a person's formative years, can stay with a person for a lifetime. Simply put, economic damages are not always going to cut it.
That is why the courts consider non-economic damages, which assign a tangible monetary value for the less visible repercussions of bullying. These damages are often significantly higher than economic damages. Common non-economic damages rewarded in Wisconsin are for:
- Pain and suffering
- Emotional distress
- Mental suffering due to bullying (for example, depression or lost enjoyment of life)
- Public humiliation
A third type of reward, referred to as punitive damages, is assessed if the court decides that compensatory damages are not sufficient to deter the defendant from future misbehavior. These are very, very rarely seen in cases involving public school districts. However, if a pattern of negligence in bullying cases can be proven against a private school, punitive damages may be something to further discuss.
As always, hiring an experienced legal team is the first step. The Lento Law Firm can help assess the economic and non-economic value of your claim and advise you on the possible financial outcomes.
Our Education Law Team Helps Students Across Wisconsin
The Lento Law Firm takes on cases from all of Wisconsin's major metropolitan areas, including:
- Appleton
- Dodge County
- Eau Claire
- Fond du Lac County
- Green Bay
- Janesville-Beloit
- Jefferson County
- Kenosha County
- Madison
- Menomonie
- Milwaukee-Waukesha
- Oshkosh-Neenah
- Racine
- Sheboygan County
- St. Croix County
- Stevens Point
- Wausau-Westin
- Whitewater
- Wood County
We understand that school districts in more rural areas are also capable of making mistakes. If you don't see your area listed, our Education Law Team may still be able to provide legal assistance. Call the Lento Law Firm offices for a consultation.
Contact the Lento Law Firm Regarding Your Bullied Child
From kindergarten and elementary schools all the way to 12th grade, the Lento Law Firm helps bullied students and their parents seek financial restitution for the pain they've experienced as a result of their school or district mishandling their bullying or harassment claim. Our Education Law Team is a premier nationwide group of attorneys that has vast experience in cases such as these. We understand the regulations and legal obligations of school districts in Wisconsin and are willing to use every tool in our arsenal to get our clients a suitable resolution.
Being bullied can be a traumatic experience for students, especially when the proper protocols are not followed by school leaders to minimize the damage. If you are the parent or guardian of a Wisconsin student who has been targeted by bullies, reach out to the Education Law Team at the Lento Law Firm. You and your student deserve monetary compensation for all the trouble you've gone through. Call us at 888-535-3686 or by filling out our online form.
