Despite the common belief that younger generations are generally more accepting of diversity and differing lifestyles, bullying is still a major problem in elementary and secondary schools. In 2019, about 22 percent of American students from grades six through twelve reported being bullied at school.
Bullying comes in many forms, not just a big kid stealing a little kid's lunch money. Things are no longer that simple. Harassment, teasing, hazing, threatening behavior, psychological manipulation, and even online activity can all be considered bullying. In a nutshell, bullying is behavior instigated by students or other members of the school community that negatively affects a student's mental and emotional health or prohibits learning. Being a bullying victim is often a traumatic event with long-lasting effects. If at all possible, parents of bullied students should seek legal help before the situation escalates.
In a country with no federal laws that directly address bullying, legislation at the state level is a very important subject for victims of schoolyard bullying to brush up on. As luck would have it, the state of Washington has a number of anti-bullying laws and policies on the books, providing parents of bullied students with many legal paths to justice.
The Education Law Team at the Lento Law Firm helps bullying victims nationwide build their cases and find legal relief. If you are a Washington parent with a bullied student, set up a consultation with the Lento Law Firm by calling 888-535-3686 or by filling out our online form.
Anti-bullying Laws in Washington
Washington takes bullying in schools very seriously, as evidenced by the amount of state laws that apply to elementary and secondary schools.
One law that is foundational to the state's approach to bullying is Section 28A.600.477 of the Revised Code of Washington, which prohibits harassment, intimidation, and bullying (HIB) of any student. Simple enough. The details of the law go on to explain the necessary steps that districts must take for implementation, including:
- Adopting or amending a policy or procedure that specifically prohibits harassment, intimidation, and bullying — preferably through a collaborative process involving parents, guardians, students, administrators, and other representatives from the community
- That policy must be shared with all parents, guardians, students, employees, and volunteers of the school
- Designating one district employee as the primary contact for HIB-related complaints, who must attend a statewide training class with representatives from other districts
A closely related law, RCW Section 28A.600.480, takes it further by prohibiting retaliation against HIB victims and witnesses. This applies not only to students but school employees and volunteers as well. The law also encourages reporting of HIB incidents by providing immunity to those who promptly report in compliance with the district's policies.
Students who identify as transgender are becoming more common all over the country. These vulnerable students can be especially susceptible to HIB by classmates and even teachers. In 2019, Washington ratified a law regarding the treatment of transgender students. RCW 28A.642.080 codifies the policy and procedure school districts must adopt, including the requirement of RCW 28A.600.477 to extend to transgender students. If you are a parent of a transgender student who has been harmed or affected by harassment, intimidation, or bullying, consider contacting the Education Law Team at the Lento Law Firm to assess your options for recourse.
Harassment, Intimidation, and Bullying Defined
Also found in RCW 28A.600.477 is the state's definition of harassment, intimidation, and bullying. Rather than describing each of the terms individually, Washington considers “harassment, intimidation, and bullying” to be a catch-all term for all kinds of threatening behavior. In subsection 5, the state code states that harassment, intimidation, or bullying is “any intentional electronic, written, verbal, or physical act” that does one of the following:
- Physically harm a student or damage their property
- Substantially interfere with the student's education
- Creates an intimidating or threatening educational environment through repetition or severity
- Disrupts the regular operation of the school
Washington does not require the offending student or school employee to have a specific motive to harass, bully, or intimidate. However, oftentimes, these actions are motivated by the bullied student's protected class or other distinguishing characteristics, including sex, race, creed, religion, skin color, national origin, disability or the use of service devices, gender expression or identity, and sexual orientation.
Further, it does not matter whether the targeted student actually possesses the characteristic that is the basis for the bullying. For example, a student may be harassed for being gay even if that student identifies as heterosexual.
Conduct that rises to the level of harassment, intimidation, and bullying includes but is not limited to:
- Slurs
- Inappropriate gestures
- Spreading rumors
- Jokes and innuendoes
- Demeaning comments
- Drawings and cartoons
- Pranks
- Intentional ostracism
- Physical attacks
- Threats
- Disseminating inappropriate photos, both real and edited
Legal Avenues for Washington Bullying Victims
State and school district policies unsurprisingly focus on proper reporting procedures, and the process in which targeted students can seek justice via district-instituted corrective measures. Little is mentioned about legal remedies in situations where the school district itself is liable.
Not to worry. While they don't fall under the same umbrella as HIB acts, Washington has liability laws that provide bullied students and their parents to hold government agencies (such as a school district) accountable for negligence or noncompliance with state and federal law.
This type of liability law is called a “tort,” and they are legislated civilly. If the Lento Law Firm were to help you file a tort claim against a school district, the end goal would be to collect financial compensation rather than force any sort of criminal jail time for the offenders. Even if the school district has, in their eyes, remedied the HIB situation in question, they may still be liable for emotional and physical harm incurred to the targeted student. If you are the parent of a bullied student and believe the process has been mishandled by school and district employees, do not hesitate to contact the Education Law Team at the Lento Law Firm for a consultation.
Washington Tort Claims Act
Chapter 4.92 of the Revised Washington Code is all about taking legal action against state government agencies for tortious conduct. Looking deeper at the various statutes gives a look at what a parent or guardian of a targeted student can expect if they choose to file a claim against the state.
Section 4.92.090 of the Washington Tort Claims Act plainly states that state agencies, which include public school districts, can be held liable for damages in civil cases to the same extent as an individual or corporation. In these cases, damages are typically monetary.
Another statute, RCW 4.96.020, provides the strict procedure by which tortuous conduct claims must be filed against local governments in order to be recognized by the courts. Some of these include:
- Claims for damages against a local government entity must use Washington's standard tort claim form and be presented to the state's Office of Risk Management
- Claim must arrive by mail and be delivered to the person designated by the local government to receive these complaints
- The minimum information required on the standard tort form is:
- Name, birthdate, and contact information for the claimant
- Description of the incident and conduct considered inappropriate
- Description of the damage caused by the incident (for bullying cases, this could be physical injury, emotional harm, or even the destruction of property)
- Details about the specific time(s) and place(s) where the incident occurred
- List of people involved
- Proof that the claimant lived in the jurisdiction at the time
Local governments in Washington may have forms that ask for even more information. However, the claimant is not required to provide any more information than what is listed above.
Finding and documenting these details can be quite an extensive task. Before embarking on any lawsuit, be sure to have a competent legal team on your side. Without a strong litigation team, your case may be doomed from the start. This is what happened in Troxell v. Ranier Public School District #307, in which the plaintiff's entire tort case was dismissed by the Washington Supreme Court because her legal team misunderstood the minutia of the law and filed the lawsuit one day too early.
The Lento Law Firm's nationwide Education Law Team is dedicated to resolving cases like these. We have a thorough understanding of the way tort cases work in the state of Washington. By retaining the Lento Law Firm, you are giving yourself the best chance at a suitable resolution for your bullied student. Tell us about your case by calling 888-535-3686 or by requesting a consultation via our online form.
Liability for School Bullying in Washington
Similar to cases against police officers, government employees have a certain level of immunity against civil litigation. Unless the case has extenuating circumstances (such as the employee acting in a capacity outside their school-assigned duties), the lawsuit will be against the school and/or the district and not the individuals actually at fault. This can be seen as a positive for parents in a position to file a lawsuit. School districts and other government entities typically have funds earmarked for liability cases, meaning that in the event of a successful lawsuit, monetary damages may be more readily collected. However, liability is a complicated issue. Request a consultation with the Lento Law Firm's Education Law Team and let our attorneys evaluate what agency (or individual) to take action against in your case.
Washington Personal Injury Laws That Apply to Bullying Victims
The Washington Tort Claims Act is what gives students and their parents the right to take legal action against their school district, but the claim must be based on more than that. In order to get a better sense of how exactly an individual can hold a school or school district accountable, attorneys will look to the state's negligence laws. These are also considered “torts.”
Generally, negligence laws stay fairly consistent from state to state. Where they may differ is in contributory negligence, which is where the amount of monetary damages recoverable by the plaintiff is capped by the proportion of fault for which the school is responsible. For example, if the court decides that the plaintiff was 25% responsible for the incident, they will only be able to receive a maximum of 75% of the total damages.
Revised Washington Code 4.22.005 makes it clear that the state subscribes to the legal position of contributory negligence. When the amount of damages the plaintiff is able to receive depends on their level of fault, it stands to reason that the state's legal defense will likely involve proving that the plaintiff has made mistakes throughout the process. The best way to have a successful negligence case is to have great attorneys, like the Lento Law Firm's talented Education Law Team, who know how to make strategic arguments that reduce the plaintiff's level of fault, as seen by the court.
When it comes to schoolyard harassment, intimidation, and bullying, negligence by the school district is typically the main tort claim Washington parents of targeted children will have to take action and receive a monetary payout. While filing a negligence lawsuit doesn't necessarily hold the actual perpetrator (the bully) responsible, it highlights the school or school district's failure to create or maintain a safe space for students to learn.
Negligence can take many forms, including the failure of teachers, administrators, volunteers, district employees, or other staff members to reasonably:
- Disseminate anti-bullying material in accordance with Washington state law
- Consider the prior history of HIB when hiring employees or volunteers
- Monitor classrooms, hallways, and school grounds for instances of HIB
- Acknowledge bullying victims by providing separation between them and their alleged bullies (changing classes, etc.)
- Take warranted action against students proven to be bullying (suspension, expulsion, etc.)
- Investigate claims of harassment or bullying thoroughly in accordance with state and district procedure
- Prevent retaliation against those who report HIB incidents
Other than negligence, there are other tort claims that might apply to bullied students. These will usually become more relevant if the perpetrator of harassment, intimidation, and bullying is a representative of the school itself (such as a teacher, custodian, or principal). These claims include:
- Assault
- Battery
- Intentional infliction of emotional distress
- Defamation
- Invasion of privacy
- Sexual assault or harassment
It is possible for several tort claims to apply to a single case. A teacher may have personal liability for the incident, and the school may also have liability for not taking the proper measures to prevent the incident. Contact the Education Law Team at the Lento Law Firm today and allow our lawyers to sort through your case and find the best course of action.
Private School Liability
Since private schools are independently controlled and financed, they do not fall under the same parameters as public schools. This means that if your student was bullied or harassed at a private school, none of the governmental liability laws will apply. You and your attorneys will need to look toward traditional personal injury torts to figure out the claims that will fit your situation. The good news is that lawsuits against the government involve stricter procedural rules, especially regarding time frames and delivering notice. For this reason, a lawsuit against a private school may end up being a simpler process.
Federal Anti-bullying Laws Supporting Liability Against School Districts
As stated earlier, there are no federal laws that expressly prohibit bullying, let alone grant the parent of a bullied student the right to take civil action against the student's school or school district. Washington's personal liability tort laws are better used to guide the framework of the legal action a parent can pursue. However, that doesn't mean federal laws are completely irrelevant. In fact, many federal laws are in place to curb discriminatory behavior, which often goes hand-in-hand with bullying and harassment. These federal statutes may give parents of bullied students more legal standing when taking on a school district. Some of these laws include:
- Title IV and Title VI of the Civil Rights Act of 1964, which grants students equal protection against discrimination based on skin color, race, sex, religion, or national origin (at any school receiving federal funding)
- Title IX of the Education Amendments of 1972, which protects students in both public and private schools against stalking, sexual assault, sexual harassment, and domestic violence
- The Individuals With Disabilities Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 both prevent discrimination against students based on disabilities
As you can see, your options for civil action depend heavily on your student's specific case of harassment or bullying. If your student was bullied based on the aggressor's contempt for protected characteristics, such as race, sexuality, religion, or disability, your legal team will undoubtedly have an easier time solidifying your case with these federal laws. However, the two most necessary components in a case seeking monetary damages from a school will always be:
- Was the school aware of the discriminatory bullying?
- Did they correctly follow the state and district procedures to resolve the situation?
Compensation for Bullied Students in Washington Schools
With a strong claim that is filed correctly by your attorneys, it is not unusual for Washington to authorize compensatory damages to the affected party. That begs the question: How are compensatory damages calculated? Damages in these kinds of cases are considered to be every loss that has occurred as a natural result of the bullying itself and the school's subsequent neglect to rectify it. These damages can be both economic and non-economic. Economic damages are things that have a tangible and calculable monetary value, such as:
- Out-of-pocket medical expenses, including counseling related to the incident(s)
- Replacing broken eyeglasses or other assistive devices
- Repaying the cost of any damaged backpacks, laptops, phones, books, clothing, etc.
- The cost for your student to change schools (if applicable)
- Compensation for missed wages (for example, if the student was unable to work at their part-time after-school job due to the bullying incident)
Economic values are generally easier to prove, but they only account for tangible losses. They don't take into account the emotional trauma bullying situations can cause. The state buying your bullied student a new laptop isn't going to help erase the fear and embarrassment they felt and may very well carry with them for their entire life.
This is why non-economic damages are crucial. They can provide monetary value that is more in line with the trouble you have been caused. Examples of non-economic damages include:
- Pain and suffering
- Mental and emotional distress
- Depression/Lost enjoyment of life
- Humiliation
While these damages are classified as non-economic, they are absolutely awarded with real money. Having an experienced legal team that can build a strong case for non-economic damages in your student's bullying case is the simplest path to a substantial monetary recovery.
Helping Bullied Students Across Washington
At the Lento Law Firm, we understand that not all school districts are the same. We assist clients from all areas of Washington, including:
- Auburn
- Bellevue
- Bellingham
- Duvalle
- Edmonds
- Everett
- Federal Way
- Gig Harbor
- Issaquah
- Kennewick
- Kent
- Kirkland
- Monroe
- North Bend
- The Olympic Peninsula
- Pasco
- Pullman
- Puyallup
- Redmond
- Renton
- Seattle
- Spokane
- Tacoma
- Vancouver
- Yakima
Don't see your city listed? Not to worry. The Lento Law Firm may still be available for civil litigation in your area. Contact our offices for more specific details.
Is Your Student a Victim of Bullying? Retain the Lento Law Firm
The Education Law Team at the Lento Law Firm provides premier legal representation for school bullying victims and their civil litigation needs. We have experience assisting students nationwide, from young kids in kindergarten and elementary to nearly adult high schoolers. We have deep sympathy for victims of bullying, harassment, intimidation, and hazing, and we will do everything in our power to achieve a suitable resolution for our clients. If you are the parent or guardian of a targeted student in Washington and would like to discuss your options for monetary damages, contact our Education Law Team. The Lento Law Firm can be reached through our website's online form or by calling 888-535-3686.
