Litigating Against Montana Schools: Bullying Victims

If you're a parent, nothing matters more to you than your child's health and welfare. You make sure they're eating the right foods; you keep an eye on who they're hanging out with; you make sure they're doing their best in school.  

What do you do, though, when their school is failing them?  

Bullying is a pervasive problem in U.S. schools, and it can have some devastating effects on victims. Your school has a responsibility—a moral imperative—to protect students from harm. More importantly, it has a legal obligation to do so. Montana state law is clear in its prohibition of all forms of bullying, and it is clear in placing the burden for protecting students on school districts. Schools are required not only to respond to incidents of bullying, providing relief for victims and consequences for perpetrators, but also to create an atmosphere in which all students can learn without fear. 

What this means is that if your child has experienced bullying, you can hold their district responsible for what happened. When necessary, you can use the courts to force districts to live up to their obligations, make them conduct investigations, and pressure them to enforce appropriate sanctions. In addition, you can use the courts to recoup any damages a bullying incident may have caused to your child and your family.  

We can help. The Lento Law Firm was founded to help students defend their rights and to make sure that schools and districts live up to their responsibilities. Our Student Defense Team knows the law as it applies to education. We also know how school districts operate. Most important of all, though, we're on your side, and we're ready to use what we know to make sure you're treated fairly and that you get the justice you deserve. To find out more about what we can do for you, call 888-535-3686 today or use our automated online form. 

The Problem of Bullying in Montana Schools 

There are lots of ways bullying can manifest: it can involve harassment, discrimination, teasing, hazing, and even physical violence. There are many places on school campuses where bullying can happen: on playgrounds, in lunchrooms, and in classrooms. It often takes place in online environments. Maybe the most important thing you need to know about bullying, though, is that it can have serious and long-term effects, especially on children. Of course, bullying disrupts the learning environment and can keep your child from getting the education they deserve. Of course, any single incident can be upsetting or involve property damage or even physical harm. It's the emotional impact that can be most devastating, though: when a child learns to fear school, develops social anxieties or depression, or simply gives up on learning altogether.  

We created this page to be a resource for holding schools and districts accountable for bullying. We want you to know how to go about this process, and we want you to know that we're here to help.  

If your child is being victimized, though, the most important thing is that you act quickly to put a stop to bullying. Yes, the courts offer a valuable option for pressuring districts and holding them financially accountable. But your first priority has to be protecting your child, and you can't wait for judges and juries to make that happen.  

You should never try to take the law into your own hands. You should never retaliate or suggest that your child retaliate against their bully. Short of this, however, you must do whatever is necessary to address the problem. 

• Start by contacting the school. Most teachers and administrators will take immediate action to protect your child, but they can only take this action if they know there is a problem. 
• If your school is not responding quickly enough, contact state and federal authorities. Montana's Board of Public Education can force a district to comply with state law. 
• If there is no other remedy, simply take your child out of school until the situation is resolved. 
• In the most serious cases, you may need to contact law enforcement to help you deal with the situation. 

The Lento Law Firm is here to help any time you need to handle a legal matter, but you don't have to be taking someone to court to call on us. Our Student Defense Team cares about your child and your family and makes sure that you're treated fairly. We can contact school officials on your behalf; we can pressure schools to act responsibly. We've been protecting students for many years. We're active in Montana communities. We are ready to help. Contact us at 888-535-3686 or by filling out our automated online form. 

Montana Anti-bullying Laws 

Montana's anti-bullying laws are not as robust as some other states. They don't, for example, prescribe what preventative measures districts should take with regard to bullying. They do, however, make two things clear: schools must have procedures in place for responding to incidents of bullying, and, further, schools have a responsibility to create an environment that is conducive to learning. 

Montana law clearly states that districts have “discretion and control” over their own bullying policies. However, at a minimum, such policies must prohibit bullying and include procedures for  

• Reporting and documenting incidents 
• Investigating reports 
• Notifying parents of both the victim and perpetrator 
• Protecting the victim from additional bullying 
• Adjudicating incidents 
• Disciplining students 
• Providing intervention and remediation for victims and perpetrators 

In addition, Montana's anti-bullying legislation requires districts to develop and maintain an appropriate “school climate.” As part of this requirement, schools must do things like  

• “Create teaching and learning environments that meet the district's educational goals” 
• Provide programs and services for at-risk youth in the district 
• Encourage parents to be involved in their children's education 
• Promote an awareness of and concern for others 

What the law suggests, then, is that districts can be held accountable not only for failing to respond appropriately to bullying but also for any negligence in creating a bully-free environment. 

Montana Bullying Definition  

Of course, a district's actions and any litigation that might result from those actions will be dictated by the law's definition of bullying. That is, school personnel cannot act unless a given incident meets that definition. That means you need to know this definition as well.  

The first part of the definition addresses the various conditions that qualify an act as bullying. Bullying, for example, can involve 

• Harassment 
• Intimidation 
• Hazing 
• Threats 
• Insults 
• Demeaning gestures 
• Physical contact 
• Written communication 
• Verbal communication 
• Electronic communication 

Next, the act must be either  

• Persistent 
• Repeated 
• Severe 

Finally, the law mentions the effects of bullying as part of the act's defining characteristics.  

• Causes physical harm 
• Damages student property 
• Causes the student to fear either physical harm or harm to property 
• Creates a hostile environment for the student 
• Disrupts school operations 

These last are particularly important since they don't talk about “where” an act takes place, but rather what consequences it might have. The law does not specifically mention “cyber-bullying,” but prohibitions include “electronic communication,” and, more importantly, the act does not have to take place on campus. A social media post that affects a student's learning qualifies as bullying, no matter where the post may have been made or read. 

Montana's Liability Laws as They Apply to Bullying 

Montana's anti-bullying legislation is contained in the education section of the law. However, this section does not provide any remedies for students and parents when school districts abrogate their responsibilities. For that, we must look to Montana's tort law.  

As a starting point, it is important to note that Montana does not assert sovereign immunity for the government and public entities. That is, individuals and agencies are liable for their torts. This means that when district personnel are negligent or in some other way fail to perform their prescribed duties, you have the right to hold them financially accountable for any losses you may have suffered as a result.  

There are some limitations to this liability, however. One of the most important is that government entities are immune from “punitive” damages. In addition, damage amounts are capped at $175,000 per claim and $1.5 million per occurrence. 

Montana Private School Liability to Bullying Victims 

If your child attends a public school, it can be somewhat harder to deal with instances of bullying. Unfortunately, Montana's anti-bullying laws apply only to public schools in the state.  

However, the Lento Law Firm does know some important remedies in these very specific situations.  

• First, while you cannot sue a school for “bullying” itself, private schools can be held responsible for harm that occurs to students, particularly if that harm violates the law. Anti-bullying laws don't apply, but other laws certainly do, such as laws that govern assault, battery, harassment, privacy, and threats. In short, if the bullying your child faces involves criminal activity, you can hold their school responsible. 
• Many private schools receive government funding of one kind or another. As we explain below, there are a number of federal laws designed to protect certain groups of individuals from harassment. Any time anyone who is part of the school's community violates those laws—including students—the school can be held responsible if it receives such funding. 

Federal Anti-bullying Laws Supporting Liability 

The federal government has been proactive over the last two decades in putting a stop to school bullying. Among the many resources the U.S. Department of Education offers, it maintains a website describing all the various state laws designed to eliminate bullying. Surprisingly, however, there are no federal anti-bullying laws.  

However, the federal government has passed a number of laws dealing with discrimination and “harassment” of certain protected groups, such as women, minorities, and the disabled. For example,  

• Section 504 of the Rehabilitation Act of 1973 guarantees students with disabilities equal access to public schools. A public school or district may not exclude a person with disabilities from enrolling and must give them equal access to all resources. Harassment has been deemed a barrier to full access. Furthermore, it isn't just the school itself that must follow the law. When faculty, administrators, and even students engage in harassment, the school itself is liable.   
• Title IV prohibits public schools from any form of discrimination based on race, color, religion, sex, or national origin. Again, any time such discrimination occurs, the school is ultimately responsible for dealing with it. 
• Title IX prohibits all forms of sexually-based harassment at any educational institution and applies to any school—public or private—that receives federal funds.  

Of course, it can be more difficult to file a suit in federal court than in Montana state court. For one thing, you must be able to prove that the “harassment” had to do specifically with your child's protected status. Nevertheless, anti-harassment laws do provide important protections and remedies and can be useful in certain situations.  

It's not always easy to decide just what to do when you're faced with bullying. Who exactly is responsible? What laws are they subject to? What are the best ways to hold them responsible? The Lento Law Firm will meet with you, evaluate your situation, and determine the best way forward. They can explain whether it's better to pursue a state or federal case, and they'll represent you from start to finish, no matter what path your litigation takes. 

Compensation for Bullying Victims in Montana 

Families are sometimes reticent to seek compensation when they've been harmed. When bullying occurs, of course, your main concern is putting a stop to it. As we've already mentioned, though, bullying can have real effects, and these effects can last long after the incident itself. If your child and your family have suffered damages, you deserve to be compensated. 

What kind of damages are we talking about? In some cases, they are relatively easy to identify. If you've been forced to pay for some form of health care, for instance, you know exactly what it costs. Damages can involve  

• Out-of-pocket medical expenses 
• Therapy or counseling expenses 
• Replacement items, such as book bags, computers, clothes, or glasses 
• Lost wages if your child has a job and potentially lost earning potential if the bullying affects their future ability to work 

However, it's just as important to recognize that “damages” isn't just about outward effects—a broken bone or a destroyed laptop. Some of the most serious impacts of bullying are internal, but these are damages, too.  

• Pain and suffering 
• Mental and emotional distress 
• Embarrassment 
• Humiliation 
• Fear or fright 
• Shock 
• Loss of enjoyment of life 

Here again, the attorneys at the Lento Law Firm can help you calculate what you've spent and help you to recognize damages you may have suffered without realizing it. 

Pre-suit Steps for Montana Bullying Victims 

It's never easy taking someone to court. That's especially true when it comes to making financial claims. The law is set up to favor the accused and to prevent injustice. This means you may need to take some important steps, as early in the process as you can, to lay the groundwork for your suit.  

• Of course, you need to document everything that occurred. You should write an explanation of what happened, and you should ask your child to write a first-hand account of their experience. Likewise, make records of any contact you have with the school and district, and hold on to any relevant physical evidence. 
• Documenting the bullying itself is an important start, but you must also document your district's negligence. What policies does it have in place, for instance? What steps has it taken to reduce bullying? How did it respond to your complaint? Did it conduct an investigation, for instance, or hold someone accountable? 
• Laying the groundwork for a suit also means living up to your own responsibilities as a parent. First and foremost, you must report the bullying immediately. You cannot hold your district responsible for something it didn't know about. In addition, you may be asked to participate during the investigation and adjudication. Again, you cannot claim that the district is negligent if you stand in the way of doing its job.  
• If your district doesn't act to stop the bullying, you'll also want to contact state or federal education officials. It is your responsibility as the parent to do your due diligence and call on every available resource. This, too, can improve your case. 

The law provides you with some important tools for developing your case. For example, should the perpetrator or the district attempt to retaliate against you for making a complaint, that in itself is an additional violation of the law. However, you must do your part as well.  

Pursuing a Montana Civil Action on Behalf of a Bullying Victim 

More important than anything else you can do to help your case, you must immediately contact the Lento Law Firm. Our Student Defense Team knows exactly what to do, and we'll give you your best chance of protecting your child and your family.  

• The very first thing your Lento Law Firm attorney will do is initiate a pre-suit investigation. This involves gathering and sifting through evidence to decide what is relevant and what is admissible. 
• Your attorney's next job is to research and draft a formal complaint. These complaints must be filed in the proper court, and they must usually be filed within a certain amount of time. This is one reason it's so important that you don't try to handle such a suit yourself. 
• Once they've filed the complaint, your attorney will issue an official summons to district administrators and anyone else involved in the incident. They are bound by law to supply you with any information they may have relating to what happened. 
• From the beginning, you can count on your Lento Law Firm attorney to continually conduct negotiations. Most litigation is resolved outside the courtroom, but you need an attorney to make sure you're getting a settlement that is entirely fair. 
• Your attorney will conduct discovery. That is, they'll depose witnesses in the case and work to uncover any evidence that can help support your claim. Of course, you'll be deposed as well, and your attorney will be at your side throughout the process to help you answer questions and to make sure your rights are respected. 
• Discovery is followed by a period of motions, during which both sides will make arguments as to how the trial should be conducted. Even now, your attorney will continue to work to obtain a fair settlement and avoid a trial. 
• Of course, if your case should ultimately go to court, your attorney handles everything on your behalf. They introduce evidence, present arguments, and examine witnesses. 
• Finally, your attorney will collect any damages owed you after the trial or, if necessary, begin working on an appeal. 

Defending Disciplinary Charges Against a Bullying Victim 

One last component of bullying cases you might want to keep in mind: it is not unusual for victims to wind up accused of misconduct themselves. Your child may very well want to respond to the bully in kind. Or the bully's family may try accusing your child in order to deflect their own responsibility. Montana law gives victims some important rights, and schools are supposed to respect students' rights to protect themselves. In some cases, though, victims can wind up accused of their own offenses. 

The Lento Law Firm isn't just here to file lawsuits or represent you in court. We're highly experienced when it comes to defending students from school charges. In fact, we've represented hundreds of students from all types of allegations. We can 

• Speak to the district and to any complainants on your behalf; 
• Document events and help prevent the situation from escalating; 
• Help school officials sort through the facts;  
• Respond directly to any disciplinary complaints made against your child; 
• Represent your child during investigative meetings and hearings; 
• Remind the district of its own bullying policy and hold it accountable for preventing retaliation; 
• Negotiate with school and district officials to come up with fair resolutions; 
• Use additional channels to pressure the district, such as the Montana Board of Education. 

Helping Your Student Avoid Montana School Bullying 

We've mentioned it several times: you must protect your child any time you discover they are being bullied.  

The fact is, though, that you can also help to prevent bullying before it starts. 

• First, don't be afraid to talk openly with your kids about bullying. Make sure your child never participates in bullying, even to retaliate. 
• Encourage your child to report bullying, whether it's happening to them or to someone they know. Most schools take bullying seriously, and you can expect them to respond immediately and appropriately before the situation escalates. 
• Finally, encourage your children to talk to their friends about bullying as well. As Montana law recognizes, the key to a successful school is a positive atmosphere where learning can occur. The more students understand what bullying is and what kinds of effects it can have, the less likely bullying is to happen in the first place. 

Premier Representation for Montana Bullying Victims  

The Lento Law Firm was founded to help students. We know the law; we know the Montana education system, and we're experienced. You can count on the firm's Student Defense Team to do everything in their power to protect you and your family and to hold your district accountable if it's been negligent. 

If your child is being bullied, contact us today at 888-535-3686 or use our automated online form to find out how we can help.