We all know the classic sitcom scene where the older student approaches the younger, smaller kid and before tossing him in the locker, makes sure to collect both present and future payments for lunch money, leaving the victim helpless and embarrassed. In the past, it was easier for parents and educators to know whether a student was being bullied on campus. The taunting, name-calling, and pushing often happened in the hallways or on walks home from school; within earshot of someone. Since the advancement of social media, however, an interesting dichotomy has developed. While students can share their lives instantly with practically anyone around the world, much of what they experience and endure remains unknown to those sitting in the same room. With the continuous advancement of social media and lack of parental supervision or involvement in their child's online activities, cyberbullying has become an unfortunate reality for a majority of students around the country.
But what happens when a school fails to police and respond to bullying or cyberbullying on campus? In grim news reports, we often hear of distraught students who, driven by emotional stress, resort to various forms of self-harm. If your student has been the victim of bullying and is engaging in any form of self-harm, it's important to remember that your child's school has a legal obligation to ensure that they provide a safe and secure learning environment, free of harassment and emotional distress. In instances where a school has failed to adequately prevent or respond to bullying, a qualified education attorney can help.
Federal Laws Mandate Schools to Respond to Various Forms of Bullying
Although no federal law to date directly addresses “bullying,” multiple federal laws enforced by the United States Department of Education and the United States Department of Justice prohibit discriminatory harassment in federally funded schools. Under various federal laws, schools are obligated to ensure they address conduct that is:
- Severe, pervasive, or persistent;
- Creates a hostile environment at school such that it interferes with or limits a student's ability to participate in or benefit from the services, activities, or opportunities offered by a school;
- Based on a student's race, color, national origin, sex, disability, or religion.
In 2015, the Office of Civil Rights also published guidance on various strategiesschools should implement to communicate to students that bullying would not be tolerated on campus. Nodding toward school administrators, the Office of Civil Rights explained “because parents and students look to you for leadership, their hearing from you that such conduct is unconditionally wrong and will not be tolerated in our schools will make a real difference.”
Unfortunately, while many federal laws and policies require schools to create safe learning environments, many schools fail to do so and in turn, fail to protect their students from the lasting emotional trauma they may face. When schools fail to create safe environments for their students, they fail to create a safe atmosphere designed for their students to receive an educational benefit. If your child's school has failed to appropriately respond to on-campus harassment, bullying, discrimination, etc., finding an experienced legal advisor who can help hold schools accountable to federal laws may need to become part of your approach.
Appropriate Prevention and Response to Bullying Under State Laws
Not only do schools have an affirmative duty to respond to discriminatory harassment on campus, but they should also employ various policies that prevent bullying in the first place. For most schools, these policies will be drafted at the community level. In fact, school districts that fail to develop and implement appropriate bullying prevention policies or interventions on campus can face several fines from their state's department of education or Office of Civil Rights, often resulting in harsh financial penalties and orders to ensure staff is adequately trained to recognize and appropriately respond to bullying on campus.
For example, the Florida Department of Education notes that school staff can guard against bullying by:
- Identifying where and when bullying occurs on campus;
- Train all school personnel to recognize bullying;
- Increase adult supervision on campus in areas where bullying often occurs;
- Create an anti-bullying task force to educate students and staff; and
- Integrate anti-bullying materials into the curriculum for discussion and role play.
Along the same vein, the Nebraska Department of Education suggests a “staff development plan” that trains staff on a wide range of topics such as the characteristics often associated with participants in bullying situations (bully, target, bystander, etc.), the impact of bullying on a student's academic performance and social skills, and clarification on the difference between bullying and normal conflict.
Every state's department of education has guidance and suggestions similar to that of Florida and Nebraska that require school districts to develop policies and procedures to appropriately prevent and respond to on-campus harassment and violence. In most cases, when Parents challenge a school's failure to adhere to state laws and regulations, various administrative remedies are available.
Unfortunately, in some instances, schools will fail to develop an adequate bullying prevention policy, fail to listen to parents' concerns that their student is being targeted on campus, or fail to implement safety measures to ensure targeted students are protected. In some instances, students who face emotional trauma on campus may be emotionally overwhelmed and develop self-harming coping mechanisms.
What is Self-Harm?
Self-harm is the act of deliberately hurting one's own body. It can be in the form of cutting, burning, scratching the skin, pulling their hair, etc. If a student has a strong urge to act on a desire to self-harm, it may mean that they are struggling with some form of emotional distress and wants to feel better in whatever way he or she can. For instance, after being taunted all day by peers or viewing negative content about them online, students may do anything to escape their feelings of isolation and shame, resorting to self-harming coping mechanisms that distract them from their overwhelming emotions.
Self-harm is a widespread problem in the United States. According to data published by the American Psychological Association, approximately 17% of adolescents and 1.3% of younger children admitted to self-injury. The data further revealed, however, that students who were bullied or “otherwise rejected by peers,” were more likely to engage in self-harm behaviors and have higher levels of depression. While many parents may also know that their child is engaging in self-harming behaviors, other parents may only suspect. Some common signs of self-harm may include:
- Unexplainable cuts, wounds, or scars on your child's body;
- Eating disorders;
- Low self-esteem;
- Wearing excessive band-aids or bandages or dressing inappropriately for the weather such as long-sleeved shirts when it is hot outside;
- Possession of objects such as lighters, sharp tools, safety pins, razors, knives, etc.
- Signs of blood in their room or bloody tissues in the bathroom, trash, etc.
- Excessive isolation such as spending time in the room;
- School refusal behaviors such as pleading not to attend school, school-related anxiety, and social withdrawal; and
- A tendency to cover up parts of their body such as arms, legs, etc. even at home or while swimming, exercising, etc.
If Your Child has Engaged in Self-Harming Behaviors, Consider Whether They Have Been Bullied at School
If your child has engaged in self-harming behaviors, you are likely exploring possible “causes” for their behavior. It's important to note, however, that the reasons why victims of bullying resort to self-harm are varied and complex. In many cases, bullied children often develop an exaggerated sense of their own responsibility for the attacks, seeing themselves as awkward or unlikeable. Older children may also engage in self-harm to escape from disturbing feelings (such as anxiety or depression), either temporarily or permanently. While many parents may assume that their child has not been bullied because they have friends, seem friendly, etc., bullying is far more common than many adults today realize.
In fact, according to data from the Center for Disease Control, approximately 1 in 5 high school students reported being bullied on school property while 1 in 6 reported being bullied electronically. Percentages rose too for specific populations. Nearly 40% of LGTBQ students experienced on-campus bullying. Compared to about 19% of males who reported being bullied on campus, 30% of female students reported that they had been bullied. Although data suggested that high school students were bullied at a higher percentage, at least 16% of middle schoolers and 9% of primary school-aged children reported that they had been bullied on campus.
Clearly, the numbers are remarkable. More students than we would like to admit are facing daily emotional trauma at school. If your student has engaged in self-harming behaviors, you should work with a qualified education attorney advisor who can help determine whether your child has been bullied on campus. In many instances, working with the school at this level can be frustrating as schools do not like to admit that they have failed to adequately prevent or respond to inappropriate behavior on campus. However, working with an experienced legal advisor from the onset can help you work with your child's school in a mutually favorable outcome; oftentimes without the need to file a formal lawsuit.
Steps Parents Can Take
Learning or suspecting that your child has engaged in self-harming behaviors can be devastating. As a parent, you likely feel shocked and confused or feel angry with them for engaging in these behaviors. However, it's important to realize that the behavior may not be about their home life at all and is instead a way for your child to manage difficult emotions and cope with feelings of isolation. Students spend the majority of their time at school. For students who are involved in extra-curricular activities, their time outside of the home decreases that much more. In other words, your child faces many, many experiences and social situations every day that you are not privy to.
Parents should first and foremost seek the assistance of a qualified medical professional who can both respond to their child's physical needs and carve a path forward for their emotional well-being as well. Trained professionals can help your child develop appropriate coping mechanisms and work with them to grow their self-esteem. While working with a medical professional, parents should seek to understand more of what their child's day-to-day life looks like. What does their day look like at school? Who do they eat lunch with? Who do they walk home with? Are they included by their peers, etc.? Working with a trained legal advisor and administrators at your child's school can help narrow down some of the negative experiences your child may be responding to.
National Education Attorney Joseph D. Lento is in Your Corner
Although many parents are shy at the thought of suing their child's school, it's important to remember that most schools are publicly funded institutions (funded through our tax dollars) and required through various federal, state, and local laws to create a safe environment for all students. In many instances, parents who have successfully brought claims against their child's school express a great sense of relief that they were able to secure compensation such as counseling, psychiatric care, behavioral therapy, etc. that their child needed. On a larger community scale, parents who help expose and correct harmful school policies can only feel pride that they contributed to the school's perspective progress.
If your child has been the victim of bullying at school and has resorted to self-harming behaviors, national education attorney Joseph D. Lento and his compassionate Education Law Team at the Lento Law Firm can support you through this difficult time. Contact a national attorney-advisor today online or by calling (888) 535-3686.
