You're a parent, so you spend a healthy proportion of your time worrying about your kids. It's sort of your job. You pay attention to what your kids eat; you make sure they're hanging out with the right crowd, and you fuss over whether they're dressed warmly enough when they go out.
Here's something you shouldn't have to worry about: how they're treated at school. You expect your child's school not only to educate them but to keep them safe. And for the most part, they do. When they fail in this responsibility, though, you have to hold them responsible.
Despite national campaigns and the passage of North Dakota laws, bullying remains a pervasive problem in schools. Obviously, no district can prevent every incident from occurring. However, they do have obligations under the law to respond appropriately to bullying incidents and to do everything in their power to prevent such incidents from happening in the first place. You have the right to demand accountability when they don't.
We can help with that process. The Lento Law Firm is committed to the principle that all students deserve fair treatment and access to the best possible education. If your child is being bullied and their school hasn't taken appropriate action to respond, our Student Defense Team is always ready to step in and protect them. We know the law, we know North Dakota's education system, and we know how to use these tools to get your child and your family the justice you deserve. To find out more about what we can do, call 888-535-3686 or use our automated online form.
The Problem of Bullying in North Dakota Schools
Bullying can manifest in a variety of ways. We tend to think of it in terms of physical violence, but it can also involve verbal harassment, passive discrimination, or simple teasing. Even the most minor forms of bullying, though, can have serious and lasting, effects on victims, especially if those victims are children. Obviously, bullying interferes with learning. It serves as a distraction, literally preventing students from concentrating in the classroom. Physical violence and damage to property can be upsetting. Beyond these tangible effects, though, bullying can have psychological and emotional impacts that last a lifetime. Children can develop social anxieties and experience depression, they can come to dislike school, and in extreme cases, they may even give up on formal education altogether.
Below, you'll find resources on how to hold schools accountable when they don't do enough to prevent and respond to bullying. We can help you navigate the legal process and get the compensation you deserve after bad things happen.
Before you start thinking about compensation, though, make sure you're dealing with the bad things. If your child is being bullied, it's crucial that you act quickly to put a stop to it. You can't wait for a lawsuit to work its way through the court system. Lawsuits aren't meant to solve immediate problems.
Of course, you should never take the law into your own hands or encourage your children to do so. Short of that, though, you must do whatever is necessary to protect your child.
- Contact your child's school. Most teachers and administrators take bullying extremely seriously and will do whatever they can to put a stop to it.
- Contact state and federal authorities. If your district refuses to act or isn't acting quickly enough, the North Dakota Board of Public Education may be able to step in and force them to comply with the law. Likewise, the federal Department of Education can be a valuable resource for pressuring local school districts.
- If nothing else works, simply take your child out of school, at least temporarily.
- Finally, in the most serious cases, you may need to call on law enforcement to help keep your child and your family safe.
Bullying can be stressful, not just for your child but for you and your entire family. It's not always easy to think clearly and know what to do when you're under that kind of stress. Beyond working with you to file suit against your school, you can count on the attorneys at the Lento Law Firm to do everything in our power to help you deal with bullying. We're happy to contact school officials on your behalf; we know how to pressure schools into behaving responsibly; we can get you in touch with health care and mental health care providers if you need them. We've protected hundreds of students over the years. We're active in communities across North Dakota. When you need us, we're there. Just call 888-535-3686 or fill out our automated online form.
North Dakota Anti-bullying Laws
Your most valuable resource in dealing with bullying is North Dakota state law. North Dakota's anti-bullying statutes are part of the state's laws on Students and Safety. Those statutes make clear, in no uncertain terms, that schools have a responsibility to protect students from bullying. That responsibility requires districts to respond appropriately when bullying occurs. However, they also require districts to put preventative measures in place to prevent bullying before it happens.
In terms of response, districts are directed to
- Establish procedures for reporting and documenting bullying incidents
- Establish procedures, including timelines, for investigating bullying incidents
- Establish disciplinary consequences for those who engage in bullying
- Establish security measures for protecting students who report bullying from retaliation (15.1-19-18)
In terms of prevention, the law requires districts
- Include the bullying policy in student handbooks
- Explain the bullying policy to all students
- Put in place “bullying prevention programs” (15.1-19-20)
These are the obligations districts have under North Dakota law. Any time they fail to live up to these obligations, you have the right to hold them accountable.
North Dakota Bullying Definition
Holding a school or district accountable isn't always an easy process. If you're planning to litigate in response to a bullying incident, you'll need to build your case carefully. That starts with proving that what happened actually qualifies as “bullying.”
In addition to prohibiting bullying, state law also provides a concrete definition of “bullying” (15.1-19-17). That definition has two basic parts. First, it identifies bullying on the basis of its effects. An act is deemed “bullying” if it
- is so “severe, pervasive, or objectively offensive” that it interferes with a child's ability to get an education
- places the child in actual harm or creates a reasonable fear of harm
- damages the child's property or causes a reasonable fear of damage to property
- “substantially” disrupts normal school operations
The second part of the definition describes where an act must take place in order to qualify as “bullying.”
- On school district premises
- On school buses or other vehicles
- At school-sanctioned or school-sponsored events
Finally, the law also takes “cyber-bullying” into account. The definition, for instance, includes a notation that bullying can involve “the use of technology or other electronic media.” In addition, the law states that an act of bullying is subject to school jurisdiction if the communication is “received” by a student who is on campus or “sent” from a student who is on campus. This means social media posts, for instance, can be subject to the law, but only if the perpetrator or the victim is actually on school grounds.
North Dakota's Liability Laws as They Apply to Bullying
North Dakota's Students and Safety laws prohibit bullying in no uncertain terms. They further tasked districts with developing real disciplinary sanctions for anyone caught participating in bullying. Keep in mind, though, that these laws do not set any criminal penalties for bullying. Unless a perpetrator commits a separate criminal act as part of the bullying—assault, for instance—they cannot be prosecuted.
However, because the law specifically requires districts to respond to and prevent bullying, districts can be held liable any time they fail to do so. Accountability when it comes to bullying, then, means looking to North Dakota's liability laws.
Some states assert a principle known as “sovereign immunity,” which basically prevents anyone from suing any government entity, such as a school. North Dakota law, however, specifically allows individuals and organizations to claim damages against “political subdivisions,” including school districts.
The law does put in place some important restrictions on government liability. For one thing, Students and Safety laws contain immunity provisions that protect employees and districts when they have responded appropriately to an incident. In addition, the state caps damages at $250,000 per person and $1 million per occurrence. Ultimately, though, you can recoup losses for damages you may have suffered due to a school district or school district employee's negligence, and this right applies to instances of bullying.
North Dakota Private School Liability to Bullying Victims
Unfortunately, North Dakota's anti-bullying legislation does not apply to private schools. That is, schools are under no legal obligation either to respond to bullying or to institute preventative measures.
Nevertheless, there are so many ways to hold such schools accountable if your child has been victimized by bullying.
- First, bullying frequently involves actions that are prohibited by law. Bullying itself may not be illegal at private schools, but, for example, assault and battery are, as are acts such as violation of privacy or making threats. If a bullying incident involves such an act, you can argue that the school had a responsibility to prevent that action and is thus liable for the results of that action.
- Second, federal law contains some important prohibitions against “harassment” when it involves protected groups such as minorities, women, or the disabled. Those prohibitions apply to any school that receives federal funds, whether that school is public or private, and they allow you to sue schools when such harassment occurs.
Federal Anti-bullying Laws Supporting Liability
The federal Department of Education is deeply concerned about bullying, as evidenced by its StopBullying.gov campaign. However, there is currently no federal legislation regarding bullying. For now, the government seems content to allow individual states to handle the problem.
However, there are a number of federal laws that bar “harassment,” particularly of protected groups.
- Title IV prohibits all forms of discrimination on the basis of race, color, religion, sex, or national origin and applies to all public schools. As with bullying laws, Title IV does not set criminal penalties for such discrimination, but it can be used to hold a school liable any time such discrimination or harassment occurs.
- Title IX specifically bars sexually-based harassment at any educational institution and applies to any school—public or private—that receives federal funds. In recent years, Title IX protections have also been extended to gay and transgender students.
- Section 504 of the Rehabilitation Act of 1973 guarantees equal access to public schools for students with disabilities.
As you might expect, it is generally more difficult to file a suit in federal court than in North Dakota state court. You must, for example, be able to prove not just that harassment occurred, and not just that your child is a member of a protected group, but that the harassment was specifically based on their protected status. Even so, these laws can offer an important avenue for seeking restitution in certain kinds of bullying cases.
At this point, it is likely already clear to you that pursuing a civil suit over bullying isn't always an easy proposition. At the most fundamental level, it can be hard to decide which avenue of the law to pursue. One of the advantages of hiring an attorney from the Lento Law Firm is that we can help you review all of your options and choose the one best suited for your particular situation. It's our job to protect your rights and to give you your very best chance at obtaining justice.
Compensation for Bullying Victims in North Dakota
We've mentioned “justice” several times already, but in concrete terms, what does it mean? Again, you cannot hold anyone to criminal account for bullying. So, what can you do?
In some situations, you can use civil courts to resolve a situation directly. If, for instance, your school district refuses to act to protect your child, you can ask for an injunction to force them to do so. More often, though, “justice” in these cases has to do with “compensation.” As we've already noted, bullying can have some very damaging consequences. Some of those consequences may be direct:
- Out-of-pocket medical expenses
- Therapy or counseling expenses
- Replacement items, like computers, clothes, book bags, or glasses
- Lost wages if your child has a job and lost earning potential if the bullying affects their future ability to work
The consequences of bullying aren't always so readily apparent, though. Some of the most damaging effects can remain hidden.
- Pain and suffering
- Mental and emotional distress
- Embarrassment
- Humiliation
- Fear or fright
- Shock
- Loss of enjoyment of life
You should not have to shoulder the financial burden of someone else's mistakes. If your school allowed bullying to occur or didn't do enough to put a stop to it, you shouldn't be liable for health care bills; you shouldn't be forced to pay for therapy yourself; your child should be compensated for any pain they endured. The Lento Law Firm's Student Defense Team can use civil litigation to help make sure the right parties are held responsible.
Pre-suit Steps for North Dakota Bullying Victims
Another important reason civil litigation can sometimes be an uphill battle is because the law gives a number of procedural advantages to the defendant. As a result, you must take care in building your case. There are a number of steps, for instance, you should take before officially filing a suit.
- First and foremost, you should document absolutely everything that happens. Start by documenting the incident itself. For example, ask your child to write a first-hand account of their experience. In addition, though, keep records of any contact you have with the school and the district, and hold on to any physical evidence you may have.
- Document examples of your district's negligence. Find out what the anti-bullying policy actually says. Check to see whether or not the policy was clearly posted. Investigate what prevention strategies are in place. Make notes about how the school responded to your child's complaint.
- Make sure you report bullying and that you fully participate in any investigations. You cannot hold your district responsible for negligence if they had no knowledge bullying was happening. Likewise, you cannot expect them to punish offenders if you don't help them prove that bullying occurred.
- It can also be important to report your concerns to state or federal education authorities. You need to be able to show that you took every reasonable step to protect your child from harm and to force your district to do its job.
The good news is the law gives you some important rights as well. As you work through your pre-suit checklist, keep in mind that you and your child are protected from all forms of retaliation, both by the perpetrator and by the district.
Pursuing a North Dakota Civil Action on Behalf of a Bullying Victim
Your very first job when you need to bring litigation against your school is to make sure you have a Lento Law Firm attorney on your side. They can guide you through the entire process and make sure your family's interests are always given priority.
What will Lento Law Firm's attorney do?
- First, your attorney will initiate a pre-suit investigation. In simple terms, they will gather all the evidence and sift through it to discover what is relevant and what is admissible.
- Next, they'll research the law and draft a formal complaint against your district. They must file the complaint with the appropriate court, and often, there are strict deadlines they must meet to ensure it is heard.
- Your attorney then issues an official summons to district personnel—faculty, administrators, and anyone else directly involved in the event. These persons are bound by law to reveal what they know about what happened.
- Throughout the pre-trial period and even after the trial begins, your attorney will attempt to negotiate a settlement with the district. Most civil suits are settled out of court, but only after both sides have come to an agreement about what is fair.
- Once summons have been issued, your attorney will go through the process of discovery. This involves interviewing everyone connected to the case in an effort to uncover evidence to back your claim. School district attorneys will need to question you as well, but your Lento Law Firm attorney will be with you every step of the way to protect your rights.
- Discovery is followed by a period of motions. Both sides make arguments as to how the trial should proceed.
- Of course, if your case should ultimately go to trial, your attorney will handle everything on your behalf, from introducing evidence and questioning witnesses, to offering opening and closing arguments and raising necessary objections.
- Once the trial is complete or a settlement has been reached, your attorney will collect any monies owed to you by the district. Or, should you lose your case at the trial level, they will begin working on grounds for an appeal.
Defending Disciplinary Charges Against a Bullying Victim
Bullying cases can get messy. In the process, victims can wind up being accused of bullying themselves. This is a move bullies and their families sometimes make to take pressure off themselves. Victims do occasionally respond out of frustration and strike back. You should caution your own child against lashing out at their bully, but if they should wind up accused of misconduct themselves, the Lento Law Firm's Student Defense Team can help. We can, for example,
- Speak to the district and respond to any complainants on your behalf;
- Document events and help prevent the situation from escalating;
- Make sure school officials know 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 North Dakota School Bullying
As we said in the beginning, we know just how seriously you take the job of protecting your child. Any time you discover they're being bullied, we know you are prepared to step in. Don't forget, though, that there are steps you can take to prevent bullying before it starts.
- Be open with your child about bullying. Make sure, for instance, that they never participate in bullying themselves, even in retaliation for someone else's act.
- Encourage your child to report bullying, whether it's happening to them or to someone else. They should be able to report to any school staff, and reporting can resolve many bullying incidents.
- Suggest to your children that they talk to their friends about bullying. The more students understand the effects of bullying, the less likely bullying is to happen at their school.
Premier Representation for North Dakota 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 our 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.
