It's not easy sending your child off to school. As parents, we're always a little uneasy when our children aren't with us and when we can't see them and take direct action when they're in danger. Generally speaking, we trust schools to take care of our kids and to keep them from harm while they're educating them. And in fact, schools don't just have a moral or ethical obligation to do this. Under Oregon law, they have legal obligations to protect students from harm.
If your child is being bullied and their school doesn't act to put a stop to it, school officials have failed in their responsibilities. At that point, you have the right to challenge their authority and to hold them accountable for their negligence. Accountability can take several forms. It may be that you have to call on state or federal education authorities to force school personnel to do their jobs. In some cases, it may be necessary to get law enforcement involved. You also have the right to sue in civil court. Civil courts have the power to issue injunctive orders. They can also compensate you for any damages your child might suffer as a result of the bullying.
If you need to take on your school, the Lento Law Firm's Student Defense Team is always on your side. We're dedicated to making sure students are treated fairly, and we know how to hold districts accountable when they're at fault. To find out more about how we might be able to help you and your family, call 888-535-3686 or use our automated online form.
The Problem of Bullying in Oregon Schools
Kids, parents, and occasionally even educators will sometimes use other terms to refer to bullying, terms meant to undercut the seriousness of bullying. You might hear bullying referred to as “teasing,” for instance, or “hazing.” “Bullying” is the legal term, though, and it's often used in conjunction with another important legal term: “harassment.”
Terminology is far less important, though than the effects of bullying. At a minimum, bullying is a disruption to a child's education. In addition, it can have serious and long-lasting effects on a child's physical, social, psychological, and emotional health.
We've designed this page to be a resource for parents who want to hold Oregon schools and districts to account when they allow bullying to occur. We outline what Oregon state law has to say about bullying, what options you have should you decide to bring suit against your district, and what compensation you and your family may be entitled to.
Before we get into any of that, though, we need to say this: if your child is being bullied, you can't wait for a lawsuit to make its way through court. You must act quickly to protect your child. That starts with contacting their school immediately. If you must, take them out of school. If you must, contact law enforcement. Your child's health and welfare, though, are the most important considerations.
And if you need help doing any of these things, the Lento Law Firm is always ready to step in. Situations like these can be stressful, and it's easy to become overwhelmed. We know who to contact, and we know what to say. We can take care of all the details for you and keep your family safe. We're always just a phone call away, 888-535-3686, or you can contact us using our automated online form.
Oregon Anti-bullying Laws
The Oregon state legislature recognizes just how harmful bullying can be, and it has taken some important steps to eliminate bullying in Oregon public schools. Most of these are found in Chapter 339 of the Oregon Revised Statutes.
As a starting point, Chapter 339 requires all Oregon school districts to develop anti-bullying regulations as part of their overall disciplinary policies (§339.356). These regulations must include not only procedures for responding to reports of bullying but also preventive measures designed to keep bullying from happening in the first place. Districts that don't have such policies are not only in violation of the law but are liable for ignoring the law. Those districts that do have policies in place, though, can also be liable if they fail to act in accordance with those policies.
The law further establishes a statewide system of prevention, including the hiring of prevention specialists (§339.341) and the creation of a statewide tip line (§339.229).
All of these laws are further emphasized by the Oregon Department of Education policy, which not only requires districts to outlaw bullying and take measures to prevent it but also encourages them to engage parents, teachers, students, and administrators in creating a positive community environment.
Oregon Bullying Definition
In order for a given incident to qualify as bullying, it must meet the definition of “bullying” as encoded in Oregon state law (§339.351). That definition essentially has three parts.
- In a general sense, the act must interfere with a student's educational “benefits, opportunities, or performance.”
- It must take place on school grounds or on grounds immediately adjacent to school property, at a school-sponsored activity, on school-provided transportation, or at a designated school bus stop.
- Finally, it must cause one of the following results:
- Physical harm or damage to the student's property;
- Reasonable fear for the student that they will be harmed or that their property will be damaged'
- A “hostile environment” that interferes with the student's “psychological well-being.”
This definition goes further and establishes certain protected classes—race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status, source of income, and disability. However, the law is careful to note that incidents don't need to involve one of these classes to be considered bullying.
Finally, the law also specifically defines “cyberbullying” as “the use of any electronic communication device to harass, intimidate or bully.” However, it does not protect students from cyberbullying unless the bullying occurs on school grounds or as part of school-related activities.
Oregon's Liability Laws as They Apply to Bullying
Oregon's Revised Statute Chapter 339 makes clear that schools have a responsibility both to respond to bullying incidents and to prevent them. It doesn't, however, address a district's liability when they fail to do their jobs. For that, we must look at Oregon's liability laws.
In general, Oregon protects public entities and individuals from lawsuits when they are performing their assigned duties. Further, it establishes a number of specific situations in which districts, teachers, and administrators are immune from civil action.
However, any government office or official—including school districts, administrators, and faculty, can be sued for “breach of a legal duty” (§30.265 and §30.260). This is why state law regarding bullying is so important. It establishes the “legal duty” of districts and their personnel.
Where bullying is concerned, a breach of legal duty might include any failure 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.
Beyond their liability for negligence, there are, unfortunately, some cases in which teachers or administrators participate in bullying themselves or otherwise facilitate or encourage bullying. In these cases, you would normally seek remedy using Oregon's tort laws on assault, battery, invasion of privacy, defamation, or the intentional infliction of emotional distress.
At the Lento Law Firm, we do more than just represent you in civil suits. One of our most important jobs is simply to offer advice. If your child has been bullied at school and you aren't sure exactly how to proceed, we can help you consider your options and map out a plan. We have experience with a wide range of tort actions. We've also worked on numerous injunction cases. There are many ways to address bullying, but again, our primary goal, like yours, is always to protect your child and your family.
Oregon Private School Liability to Bullying Victims
Oregon anti-bullying legislation makes no mention of private schools. As a result, you cannot sue a private school or its employees for failure to enforce these laws. Nevertheless, you can take action to put a stop to bullying at these schools.
- As mentioned above, you always have the right to file a suit against someone over criminal acts such as assault, battery, invasion of privacy, defamation, or the intentional infliction of emotional distress.
- As you'll discover below, federal law protects certain classes of individuals at any educational institution that receives federal funds. If the bullying your child experienced has to do with discrimination of any sort, you may be able to file suit in federal court.
Federal Anti-bullying Laws Supporting Liability
There is, as yet, no federal anti-bullying legislation, though the federal government is aggressive about campaigning against bullying. Without such a law, your best defense against bullying remains Oregon state law. Only Oregon state law outlaws bullying in Oregon, and only Oregon state law provides a mechanism for holding school districts responsible when their negligence results in bullying.
However, there are a number of federal laws specifically designed to deal with harassment, particularly when that harassment relates to protected classes of individuals. For example,
- Title IV prohibits public schools from any form of discrimination based on race, color, religion, sex, or national origin.
- Title VI bars both public and private schools from discriminating against these classes if those schools receive any type of federal assistance.
- Title IX prohibits all forms of sexual harassment at any educational institution that receives federal funds, with “harassment” broadly construed to include 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.
- Title II of the ADA (Americans with Disabilities Act) requires schools to make reasonable accommodations for students with disabilities.
- IDEA (Individuals with Disabilities Education Act) guarantees “free appropriate public education” to students with disabilities.
It is often the case that acts of bullying involve harassment, particularly of protected classes of individuals. These anti-discrimination laws also allow for the right to sue those who practice such harassment.
Of course, there are some restrictions on such federal suits.
- First, you must first prove the harassment in question was related to race, color, national origin, religion, sex, disability, or some other protected status.
- Second, as with state negligence cases, you must prove that your school or district knew about the harassment and chose to do nothing.
In short, you must meet a higher standard in order to file a civil action against your child's school in federal court. However, harassment does occur in public schools, and when it does, you absolutely have a right to hold your district accountable. Again, the Lento Law Firm can help you evaluate your situation and decide whether or not federal action might be in your child's and your family's best interests.
Compensation for Bullying Victims in Oregon
The whole reason to file a civil suit against a school district over bullying is to recover money your family lost as a result of damages. Keep in mind, though, that “damages” aren't always just physical.
Of course, you do have a right to “compensatory damages” for any direct, physical loss your child or your family may have suffered. Such losses might include
- 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
However, you can also ask for compensatory damages for bullying consequences that might be more difficult to quantify. For instance, you may deserve compensation for
- Pain and suffering
- Mental and emotional distress
- Embarrassment
- Humiliation
- Fear or fright
- Shock
- Loss of enjoyment of life
Finally, juries are also allowed to award “punitive damages” to negligence victims. These are monies that have nothing to do with compensation but rather are awarded as a means of punishing those who committed the offense and encouraging others not to commit such an offense. However, punitive damages are rare in Oregon since state law requires victims to show that defendants acted with malice or “reckless and outrageous indifference to the consequences of their actions” before juries can take punitive action.
Pre-suit Steps at Oregon Schools for Bullying Victims
Not all bullying incidents in Oregon warrant civil litigation. If you're considering such litigation, you want to carefully consider the circumstances involved in the bullying.
As a starting point, you need to find out whether your child's school knew about the bullying. School districts do have an obligation to be proactive and to prevent bullying from occurring in the first place. However, the fact that an incident occurred doesn't necessarily prove negligence. If the school acted appropriately in response to an incident or if a school wasn't aware that an incident occurred, negligence may be difficult to prove.
Part of your school district's responsibility under the law is to investigate accusations of bullying and, if necessary, to hold a hearing to uncover the facts of the case. You can, of course, allege negligence if your district refuses to take such steps. If they do undertake an investigation, though, you have certain obligations to take part in the process. You may be asked to participate in the hearing, for instance, and you can't reasonably hold the district liable if you refuse to do so.
Finally, you must take advantage of remedies at the state level. That is, if you want to demonstrate your claim is legitimate, you must report the bullying and your district's response or lack of response to the Oregon Department of Education.
As you participate in the process, though, you should know that you have some important rights, and there are protections in place for your child and your family. Your child's school is required to provide your child with resources and support any time bullying occurs. In addition, it must take steps to prevent additional incidents, and it must respond to all retaliatory incidents. If it fails to do so, it can be held liable for further negligence.
Pursuing an Oregon Civil Action on Behalf of a Bullying Victim
You've followed all the steps you need to in order to protect your child. You've contacted the school, and you've further contacted the Oregon Department of Education. You still feel it's necessary to file a civil action against your district. What is that process like?
- Before you do anything else, you need to contact the Lento Law Firm. Civil litigation is always a complicated undertaking and not one you should attempt unless you have qualified legal representation. The Lento Law Firm's Student Defense Team knows the process, and they have experience confronting school districts.
- The first thing your Lento Law Firm attorney will do is initiate a pre-suit investigation. As part of this investigation, they'll gather evidence and decide what is admissible and what isn't.
- Your attorney will then research and draft a complaint and file that complaint with the appropriate court. Failure to file this complaint by the deadline can result in the complaint being thrown out, as can misfiling complaints with the wrong court. This is just one reason why having an experienced lawyer on your side is so important.
- Next, your attorney will serve district officials with a court summons.
- Many civil cases are settled before an actual trial occurs. During the pre-trial period, your Lento Law Firm attorney will participate in negotiations on your behalf, working to convince the district to give you a fair settlement without a trial.
- Another important pre-trial element is the period of discovery. The court summons requires district officials to provide you with any information relevant to the case. Of course, you may be asked to sit for a deposition as well. You can count on your Lento Law Firm to accompany you, though, and to help you respond to questions.
- As the trial draws closer, both sides file any motions and legal arguments as to how the trial should be organized. Again, negotiations generally continue throughout this process.
- Should your case go to trial, your Lento Law Firm attorney will represent you in court. They'll make arguments on your behalf, submit evidence, examine and cross-examine witnesses, and raise questions as to the school district's evidence.
- Once the trial is complete, your attorney will collect any judgment from the district or, if necessary, work with you to file any appeals.
Defending Disciplinary Charges Against a Bullying Victim
If your child is a victim of bullying, they are dealing with enormous stress. They likely feel that their emotional and even physical well-being are under threat, and that can evoke a fight or flight response. Many victims act out as a result of the bullying they endure, either to protect themselves or to retaliate in some way against the bully. While this is understandable given the circumstances, their actions and reactions can further complicate their case. At a minimum, they may be facing their own disciplinary charges. They might even be accused of bullying themselves.
The Lento Law Firm's Student Defense Team is prepared to handle these types of delicate situations. In addition to helping you litigate, the firm's attorneys can defend your child during any investigations and hearings. We can, for example,
- 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 Louisiana School Bullying
We're here for you any time you need to hold your school district accountable or force them to take action to protect your child. Often, though, the best way to protect your child safe is to work with the district to create a safe environment. You can play an important role.
- First, make sure your own child doesn't participate in bullying. It is sometimes the case that children who have been bullied actually instigated events by bullying other kids. If your child is entirely innocent, remind them not to retaliate.
- Encourage your child to report bullying. Your school may have teachers and staff who are specifically designated as resources for students who are being bullied, but any teacher or administrator can help. In addition, Oregon maintains a state hotline to field complaints.
- Last but not least, encourage your child to talk to their friends about bullying. The more students understand what bullying is and what kinds of negative consequences it can have for both victims and perpetrators, the less likely incidents are to occur.
Premier Representation for Oregon Bullying Victims
The Lento Law Firm was founded to help students. We know the law; we know the Oregon education system, and we're experienced. We've helped hundreds of students get the fair treatment they deserve.
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.
