Oklahoma schools have an obligation to put a stop to bullying when it occurs and to do everything in their power to prevent bullying from happening in the first place. That's not just an ethical or moral imperative; in Oklahoma, it's the law.
Can your child's school stop 100 percent of bullying incidents? Of course not. But if it abrogates its responsibilities—if it neglects to put anti-bullying programs in place, for example, or fails to monitor campus spaces where bullying can occur or refuses to investigate a legitimate complaint of bullying—you certainly have the right to hold it responsible. Indeed, you have an obligation to do so. As a parent, you must protect your child, but you must also make clear to your school and others that they must live up to their responsibilities under the law.
Litigating against your child's school or district is sometimes the only way to hold it accountable. It may also be the only way to recoup any losses you and your family have suffered. If you feel you need to file suit against your district, either to force them to follow the law or to recover damages because they failed to follow the law, we can help. We're the Lento Law Firm, and we're committed to helping all students get the fair treatment they deserve. We know the law, we know how Oklahoma schools operate, and we're ready to put what we know to work for you. For more information, call 888-535-3686 or use our automated online form.
The Problem of Bullying in Oklahoma Schools
This page aims to provide you with information and resources should you need to file suit against your child's school district over bullying negligence. You'll find information here about Oklahoma law, about what's involved in civil litigation, and about what types of settlements you might be entitled to.
First and foremost, though, you need to know what to do in the short term if your child is being victimized by a school bully. You don't have time to wait for a lawsuit to make its way through court or for a judge or jury to decide whether or not to award you damages. You need to protect your child, to put an immediate stop to the bullying.
First, know that taking the situation into your own hands or retaliating is never the answer. Doing so will almost certainly make things worse and could wind up leaving you open to a lawsuit.
However, there are many resources you can use to get your child the help they need. Most teachers and administrators will quickly act any time they know there is a problem. If they won't, you can contact state or even federal education officials to ask for help. In an emergency situation, you can simply take your child out of school until the problem is resolved. And in worst-case scenarios, you can even contact law enforcement.
Of course, these situations can be daunting, even for the most seasoned parent. So, you should also know that the attorneys at the Lento Law Firm are here to help. Your family's well-being is our first concern. Give us a call at 888-535-3686, or you can contact us using our automated online form.
Oklahoma Anti-bullying Laws
Like most schools across the country, Oklahoma has passed meaningful legislation in the past 20 years to help prevent bullying in public schools. Title 70 of the Oklahoma Code, for example, includes several provisions collectively known as the “School Safety and Bullying Preventing Act.”
Specifically, §24-100.4 of Title 70 charges districts to include in their disciplinary policies prohibitions against all forms of bullying, whether in person or electronic.
In addition, this statute mandates districts to create specific procedures for responding to instances of bullying. They must designate certain personnel to handle complaints and develop a process of investigation, and they must be prepared to provide victims with community resources such as access to physical and mental health services.
Importantly, though, the law doesn't just prescribe how districts should respond to incidents. It also makes clear that districts have a responsibility to prevent such incidents.
- The district's bullying policy must be posted in all schools.
- It must be provided annually, in written form, to all staff, students, and parents.
- It must be included in all employee and student handbooks.
- It must be posted on the district website.
- School employees must be trained in preventing, responding to, and reporting incidents of bullying.
- Districts must report bullying incidents to state officials.
- Districts must conduct regular reviews of bullying incidents to help improve prevention methods.
What these aspects of the law suggest is that parents can hold districts liable any time bullying occurs. Even if educators respond appropriately to such incidents, if they've failed to put preventative measures in place, they may have been negligent.
Oklahoma Bullying Definition
Oklahoma law also defines bullying in legal terms. Each of the four specific criteria in this definition must be met for a negligence claim to be successful.
- Behavior must be a pattern
- Must involve harassment, intimidation, threatening behavior, physical acts, verbal or electronic communication
- Must be done with intent or be perceived as being done with intent
- And must cause negative educational or physical results in the targeted individual or group
The law contains an additional caveat. To be covered under the law, the behavior must take place on school grounds, in school vehicles, during school-sponsored activities, or at school-sanctioned events.
Oklahoma's Liability Laws as They Apply to Bullying
For that piece of the puzzle, we must look to Oklahoma's liability laws, and specifically the Governmental Tort Claims Act. Like many states, Oklahoma asserts that it has sovereign immunity from prosecution. However, the Tort Claims Act waives that immunity when an agency or an agency employee is at fault.
In the case of bullying, the chief issue is whether or not the district or its employees were negligent in performing their assigned duties under the law. Certainly, if the school refuses to respond to a bullying incident—refuses to investigate, for instance, or to hold perpetrators accountable—it has failed to meet its obligations. Again, however, the law demands schools be proactive. That means you can hold teachers accountable when they, for example, fail to
- monitor classrooms, cafeterias, and playgrounds for bullying;
- take immediate action to stop bullying;
- separate students known to be bullying from bullying victims;
- protect bullying victims from further acts of bullying;
- follow school procedures on complaints of bullying;
- investigate bullying complaints thoroughly; and
- avoid and prevent retaliation for bullying complaints.
Your child has a right to an education and a right to feel safe at school. If they aren't being afforded those rights, it's important you act to protect them. The Lento Law Firm's Student Defense Team can help you do that. We know the law. We also know how the Oklahoma education system works. We're ready to listen, and we can advise you on the best approach to handle your particular situation. If it's a negotiation that's called for, we're experienced in talking with teachers and administrators. Make no mistake, though: we can be fierce when it comes to protecting student rights, and we hold schools accountable for their responsibilities.
Oklahoma Private School Liability to Bullying Victims
Unfortunately, Oklahoma law does not address bullying at private schools in the state. This means you cannot sue a private school for negligence in bullying cases. It does not mean you must simply accept bullying if your child attends a private school. You do have options, even in these cases.
- Often, bullying involves other types of criminal behavior, such as assault, battery, defamation, invasion of privacy, or the intentional infliction of emotional distress. If the bullying involves any of these acts, you can hold perpetrators responsible both criminally and civilly, and you may be able to hold the school itself responsible for negligence in preventing harm.
- As you'll discover below, federal law includes some important protections for certain classes of individuals, and those protections extend to private schools if those schools receive any federal funds. If a bullying incident involves one of these protected classes, you can sue the school in federal court.
Federal Anti-bullying Laws Supporting Liability
Despite the fact that the federal Department of Education is deeply concerned about bullying in public schools, there are currently no federal laws that address bullying. As a result, Oklahoma liability laws are usually your best option if you're looking to file suit against your district specifically for bullying.
However, there are some important exceptions to this general rule. Several pieces of federal legislation provide education protection from “harassment” for certain specific groups of individuals. For example,
- Title IX prohibits sexual discrimination and harassment at any educational institution that receives federal funds. “Harassment” has been broadly construed by the courts to include everything from simple verbal harassment to sexual assault, domestic violence, dating violence, and stalking.
- Section 504 of the Rehabilitation Act of 1973 guarantees equal access to public schools for students with disabilities and further protects such students from discrimination and harassment.
- Title IV prohibits schools from any form of discrimination based on race, color, religion, sex, or national origin.
If bullying involves any of these protected classes, you can hold your school accountable for negligence under federal anti-harassment laws.
Of course, it can be more difficult to prove harassment than to prove simple bullying. You must, for instance, be able to prove that your child has protected status, and you must be able to prove that the behavior was aimed at that protected status. Harassment does occur in public schools, though. When it does, you have the right to hold your district accountable under federal law.
One of the Lento Law Firm's most important jobs is to help you evaluate your situation and decide on the best course of action. If you're not sure whether a federal suit is appropriate, the firm's Student Defense Team can help.
Compensation for Bullying Victims in Oklahoma
We've talked a good deal about “accountability” when it comes to bullying. What does accountability mean exactly?
When a person or organization isn't living up to their responsibilities under the law, the law gives citizens the right to force them to do so. In school bullying cases, it can sometimes be necessary to file an injunction in civil court to require schools to perform their duties.
In addition, though, the law allows citizens to recover money for any damages they may have suffered as a result of harm done by another person or an institution. Keep in mind that this money isn't frivolous. In such suits, you are asking for money to compensate you. This is money you are owed. That's why these damages are called “compensatory. The most straightforward way to think about compensatory damages is to consider the money you might have been forced to spend to deal with the impact of bullying. For example,
- Out-of-pocket medical expenses
- Therapy or counseling expenses
- Replaced broken items, such as book bags, computers, clothes, or glasses
- Lost wages if your child has a job and/or loss of earning potential if the bullying affects their future ability to work
Obviously, if you pay for these expenses out-of-pocket, you deserve to be compensated for them. The law recognizes, though, that some losses aren't as direct or quantifiable. For instance, your child and your family may also deserve compensation for
- Pain and suffering
- Mental and emotional distress
- Embarrassment
- Humiliation
- Fear or fright
- Shock
- Loss of enjoyment of life
Finally, some states also allow juries to award punitive damages. These have nothing to do with compensation. As the word “punitive” suggests, they are meant to punish those who have been negligent and to serve as a warning to others. Oklahoma does not allow juries to award such damages. However, federal courts do.
Pre-suit Steps at Oklahoma Schools for Bullying Victims
Before you consider filing a lawsuit against your child's school district, it is important you recognize that they are not alone in bearing responsibility for school bullying. In order for you to make a claim of negligence, you must make sure you aren't being negligent yourself.
First and foremost, you need to give your district a chance to react appropriately to the situation. As soon as you discover your child is being bullied, you must report it to district personnel. Obviously, they cannot act to stop bullying if they don't know it's happening. And the law certainly won't hold them accountable for something they have no knowledge of.
As part of its response, the district should conduct an investigation. You need to be willing to participate in this investigation. If you refuse to do so, you're preventing district personnel from discharging their responsibilities. In such a case, you can't reasonably hold them liable.
If you feel the school or district is not taking your complaint seriously, you should also seek help at the state or federal level. Doing so will not absolve your school of its responsibility. You can still hold your district accountable in court. But it will demonstrate that you have done everything in your power to resolve the situation appropriately.
Finally, it goes without saying that you should never take the law into your own hands or in any way try to respond in kind to a bully. This will only exacerbate the situation, and, in the end, you may wind up being the one at fault.
You and your family do have some responsibilities but keep in mind that the law also provides you with some important protections. In addition to conducting investigations, your school and district have an obligation to protect you from retaliation for reporting bullying. If it fails to do so, it can be held liable for further negligence. Keep in mind, as well, that you are not alone in this fight. The Lento Law Firm is always here and ready to do what's needed to protect your child and your family.
Pursuing an Oklahoma Civil Action on Behalf of a Bullying Victim
Filing a civil suit against your school or district can be a complicated process, and you always need a Lento Law Firm attorney on your side to help you navigate it. However, we can offer a basic outline of how these cases typically unfold.
- Your first job is to stop the bullying. At a minimum, you must remove your child from the situation.
- Your next job is to contact the Lento Law Firm. Of course, the firm's Student Defense Team will represent you should your case go to trial, but they can do so much more than that. They can help you contact the right people; they can make sure you follow the appropriate procedures; they can help your child answer questions; they can pressure the district to do its job; and they can make sure your rights are protected from start to finish.
- Once you've contacted a Lento Law Firm attorney, their first job will be to initiate a pre-suit investigation. In simple terms, they'll begin gathering evidence and sorting through it.
- Next, your attorney will research and draft a complaint. They'll also file that complaint with the appropriate court. Keep in mind that there are time limitations when it comes to government liability. You must, for instance, file your claim within a year of the incident. Your attorney can make sure all paperwork is filed correctly so there's no danger your suit will be thrown out.
- Your attorney will then serve district officials with a court summons requiring them to provide evidence in the case.
- Many civil cases are settled before actually going to trial. Throughout the pre-trial period, your Lento Law Firm attorney will negotiate on your behalf, looking for a fair settlement that can avoid the necessity of a trial.
- Your attorney will conduct a period of discovery. This means they'll question district officials to obtain additional evidence in the case. You'll likely be asked to sit for a deposition as well. They'll be at your side throughout this process to help you answer questions.
- After the period of discovery, your lawyer will file any necessary motions to set the rules for how the trial will proceed. Again, negotiations with the school district will continue.
- Should your case go to trial, your Lento Law Firm attorney represents you in court. They make arguments on your behalf, submit evidence, examine and cross-examine witnesses, and raise questions about the school district's evidence.
- Finally, once the trial is complete, your attorney collects any judgment from the district or, if necessary, works with you to file any appeals.
Defending Disciplinary Charges Against a Bullying Victim
Bullying cases can sometimes get messy. It is not unusual, for instance, for the bully's family to charge the victim with bullying as a way to avoid blame for their own actions. In other instances, the victim, in defending themselves, may do some harm to the bully. In either case, the school may try to hold your child responsible for bullying when they were clearly the victim.
The Lento Law Firm's Student Defense Team was built to protect students from disciplinary charges. They're not just experienced at filing courtroom lawsuits. They've also represented hundreds of students as part of school investigations and hearings. If your child has been unfairly accused, a firm attorney can
- Document what's occurred, work to prevent the situation from escalating, and make sure school officials understand the facts.
- Answer any disciplinary complaints made against your child and, if necessary, represent them during investigations and at hearings.
- Remind the district of its own bullying policy and hold it accountable for protecting your family following an incident.
- Negotiate with school and district officials to come up with fair solutions.
- Use other channels, such as the state Department of Education, to pressure districts into following the law and state education policy.
Helping Your Student Avoid Oklahoma School Bullying
You never have to worry about whether the Lento Law Firm will protect you. We're here any time you need us, and we're always on your side.
Sometimes, though, the best protection for your child isn't getting an attorney involved but rather taking some preventative measures to ensure bullying doesn't happen in the first place.
- Talk with your child about bullying. Make sure they know what qualifies as bullying and how to spot it. Make sure they aren't themselves participating in bullying behavior, even simply to retaliate.
- Encourage your child to report bullying—not just bullying they may experience but any bullying they witness. At a minimum, they should tell you. Your school has identified teachers and administrators to deal with complaints. Beyond this, though, Oklahoma law requires all district personnel to report bullying when they're made aware of it.
- In addition, encourage your child to talk with their friends about bullying. The more students recognize what bullying is and how to avoid it, the less likely they are to participate in it.
Premier Representation for Oklahoma Bullying Victims
The Lento Law Firm was founded to help students. Whether you need us to intervene to put a stop to bullying or you're looking to hold your district accountable for its failures, we'll work quickly to help you come up with a plan, and we'll stand beside you and help you put that plan into action.
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.
