Bullying is a regular occurrence in schools across America. Sometimes, this aggressive behavior takes place in school hallways. Other times, it occurs inside classrooms. Younger students experience bullying on playgrounds. And many students experience bullying outside of school and online.
Bullying has negative impacts on the victims' physical and mental health, which can have short and long-term implications. Bullying can cause anxiety, stress, and isolation. Bullying can also disrupt sleep, cause headaches, and result in gastrointestinal distress. If your child is the victim of bullying, we are here to help.
Lento Law Firm's premier Education Law Team is committed to protecting the rights of Alaska K-12 students who are victims of bullying. Our experienced legal team advocates on behalf of bullying victims; call us at (888) 535-3686 or contact us to learn more about how we can help.
Bullying In Alaska K-12 Schools
Bullying is prevalent all across the United States, and Alaska is no exception. According to the 2019 Alaska Youth Risk Behavior Survey (YRBS), in the 12 months prior to the survey, 25.5% of Alaska high school students at traditional high schools reported being bullied on school property. In addition, 19.4% of respondents reported that they were electronically bullied through social media, texting, email, or other electronic means. And 12.3% of Alaska high school students reported that they did not go to school on at least one day during the previous 30 days because they felt unsafe at school or on their way to or from school.
Alaska Bullying Prevention Laws
In 2006, Alaska signed several statutes into law to address harassment, intimidation, and bullying in all public schools. These laws require that school districts:
- Establish a policy that prohibits the bullying of any student
- Ensure proper reporting of any incidents of bullying, intimidation, or harassment that led to a student being suspended or expelled
- Provide safeguards against reprisals for individuals reporting suspected incidents to school officials
Alaska Harassment, Intimidation, And Bullying Policy
Each Alaska school district was required to adopt a policy prohibiting the harassment, intimidation, or bullying of any student by July 1, 2007. School districts were also required to share the policy with parents or guardians, students, school employees, and volunteers.
In developing the anti-bullying policy, schools must follow the standard policy-making process in each district, allowing participation from parents or guardians, school employees, volunteers, students, administrators, and community representatives.
These anti-bullying policies must—at a minimum—include the following elements:
- A statement that prohibits the bullying, harassment, and intimidation of any student
- Statements that highlight the importance of positive character traits and values
- Statements that stress the importance of civil, respectful speech and conduct
- Statements emphasizing that it is the students' responsibility to adhere to and follow the school district's policy
- A plan for the appropriate consequences for any student who violates the school district's policy, which may include expulsion
- Outline procedures for reporting criminal activity to local law enforcement authorities
- Prohibitions against retaliation, reprisal, or false accusations
- Specific steps for reporting incidents of bullying, intimidation, or harassment to the appropriate school officials
All school employees, volunteers, students, and administrators in Alaska are expected to comply with the school's anti-bullying policy.
Alaska Policies Regarding Reporting Bullying
Each school district in Alaska is required to file a report with the Department of Education and Early Development by November 30 of each year. This report must list every incident that took place in the prior year that resulted in a student's suspension or expulsion for bullying, intimidation, or harassment on school property or school transportation systems. The Department of Education and Early Development must then compile the information and report it to the Alaska House of Representatives and the Senate.
Alaska Prohibits Retaliation For Reporting Bullying In Good Faith
In Alaska, if someone has knowledge of an act of bullying, intimidation, or harassment, they are required to report the incident to a school official. Others—including students and school employees—are prohibited from retaliating against that person or making false statements about that person. As long as the individual reporting the bullying incident is doing so in good faith, they are immune from any cause of action from damages that arise from making the report, or from failure to remedy the situation.
If someone falsely accuses another individual of engaging in bullying, intimidation, or harassment, does so in bad faith, or knowingly provides false information as part of an investigation into the incident of alleged bullying, then school districts are permitted to enforce any consequences that are in compliance with the school's policies.
Alaska's Definition Of Bullying
Alaska defines harassment, intimidation, or bullying as an intentional physical, oral, or written act that is done with the intent of “threatening, intimidating, harassing, or frightening” the student. This behavior also:
- Harms the student physically or
- Causes damage to the student's property
- Has the potential to significantly interfere with the student's education
- Is repeated and persistent, causing an intimidating educational environment
- May substantially disrupt the smooth operations of the school
Bullying is defined by the U.S. Department of Human Services as unwelcome, aggressive behavior among school-aged children that involves a real—or perceived—imbalance of power that is used to harm or control the victim. The bully may use their physical strength, their popularity, or their ability to obtain embarrassing information to have power over the victim. Bullying is very aggressive behavior that is repeated over and over again or has the potential to be repeated over time.
Some examples of bullying include the following:
- Making threats against someone
- Spreading rumors about another person
- Using verbal attacks against someone in the form of name-calling, teasing, taunting, making threats of physical harm, or making inappropriate sexual remarks
- Making rude, mean hand gestures towards someone
- Physical attacks, including hitting, pushing, spitting, kicking, pinching, and tripping
- Taking or breaking someone's personal property
- Publicly embarrassing someone
- Damaging another person's relationships or their reputation
- Knowingly excluding a person from a group
- Discouraging others from being friends with the person
Alaska School Punishments For Bullying, Harassment, Or Intimidation
When deciding on the appropriate course of action for students who have engaged in one or more instances of bullying, harassment, or intimidation, Alaska public school districts and charter schools consider several factors, including—but not limited to—any of the following:
- Maturity and development level of the individuals involved in the behavior
- Circumstances surrounding the incident(s)
- The degree of harm caused by the behavior
- Any previous incidents that occurred or any ongoing patterns of behavior
- The relationship that exists between the parties involved in the incident(s)
- To what extent the incident has disrupted or interfered with the smooth operation of the school
Any disciplinary action must be appropriate to the seriousness of the incident(s). These actions may include any of the following and more:
- School detention
- Suspension from school
- Expulsion from school
Sanctions against students must also be in accordance with Alaska state law, the school district policies, and administrative regulation as well as the published student policy handbook.
Any school staff member who knowingly tolerates or ignores bullying, harassment, or intimidation at school, at school-sponsored events, or while traveling on school transportation is in violation of school policy. This applies to school employees, volunteers, school board members, contractors, or other individuals who are subject to the supervision and control of the school district.
Alaska School Procedures For Reporting Bullying, Intimidation, Or Harassment
If a student or school staff member believes they have been the victim of bullying, harassment, or intimidation, they may report the incident to the school principal, school designee, or any school employee. Anonymous reports will be accepted; however, disciplinary action may only be taken when there is corroborating evidence.
The recipient of this report, or any individual who witnesses an incidence of bullying, harassment, or intimidation, is to act swiftly to protect the alleged victim. The individual is to promptly report the incident to the school principal or designee for immediate investigation.
Upon receiving any report of an incident of bullying, harassment, or intimidation, the individual receiving the report must send a written report of the incident and the response to the person identified by the school superintendent or chief school administrator. That individual is responsible for compiling and maintaining the data of all incidents of bullying, harassment, and intimidation that result in a student's suspension or expulsion from the school. This data must be reported to the Department of Education and Early Development on an annual basis.
The school principal or designee must notify the parents or guardians of all students involved in the alleged harassment, intimidation, or bullying incident via telephone and in writing. This notification must also advise the individuals involved of their rights to due process.
All alleged incidents of harassment, intimidation, or bullying must be promptly and thoroughly investigated. Once the investigation has concluded, the principal may take any disciplinary action that is deemed necessary and appropriate to end the misconduct and to prevent its recurrence. Any incidents that involve criminal activity must be reported to law enforcement.
Alaska's Laws On Cyberbullying
As technological advances continue in our modern society, so do the ways in which harassment, intimidation, or bullying can occur. Along with the ability to share information, circulate photos, and post comments anonymously comes the ability to reach a much wider audience. All forms of cyberbullying—any form of harassment, intimidation, or bullying that is done through electronic methods—are prohibited in Alaska public school districts and charter schools, and such behavior will result in disciplinary action. In Alaska, under AS 11.61.120 (a), it is considered a crime—harassment in the second degree—to repeatedly send or publish electronic communication that “insults, taunts, challenges, or intimidates a person under 18 years of age”, causes fear of physical injury or harm, and is done with the intent to annoy or harass.
Cyberbullying includes—but is not limited to—any of the following and more:
- Sending inappropriate email messages
- Posting inappropriate messages on social media platforms
- Sharing inappropriate or private digital photos or images
- Sending inappropriate text messages or instant messages
- Posting inappropriate or false information on blogs
Alaska's cyberbullying policies extend to any student who redistributes the cyberbullying information. These students are also in violation of school policies, regardless of whether they created the original communication.
Disciplinary Action For Alaska Cyberbullying
In cases where a student uses a private, non-school computer or other electronic device for the purposes of cyberbullying and that communication is brought to the attention of school officials, it may result in disciplinary action if the communication:
- Involves a criminal aspect, such as a threat of violence or harm against students, school staff members, or their property
- Advocates for inflicting physical harm to students or school staff
- Results in substantial detrimental effects on the physical or mental health of a student or school staff member
- Causes substantial interference with a student or staff member's ability to perform academically or complete their work or impedes his or her ability to participate in or benefit from activities or services provided by the district
- Threatens harm to school property
- Causes a notable disruption to the school's objectives, purposes, or educational mission
Disciplinary action for those students who have committed acts of cyberbullying may include—but is not limited to—any of the following punishments:
- Loss of any computer privileges
- School detention
- Suspension from school
- Expulsion from school
Furthermore, the school will report any threats or hate crimes to law enforcement officials.
If you believe your student has been the victim of cyberbullying, it is important that you do not erase the offending material. Save the material and promptly print out a hard copy. Keep a copy of the cyberbullying messages for yourself and provide a copy to the school when reporting the incident.
Alaska Students May Receive Federal Protections Against Bullying, Harassment, And Intimidation
Federal laws are designed to protect individuals from discriminatory behavior, and those laws apply to incidents of bullying and harassment in schools that receive federal funding. Students in these schools are granted equal protection against discrimination based on race, sex, skin color, religion, or national origin under Title IV and Title VI of the Civil Rights Act of 1964. Students in public and private schools that receive federal financial assistance are protected against sexual harassment, sexual assault, stalking, and domestic violence under Title IX of the Education Amendments of 1972.
When bullying or harassment is based on a disability, it has the potential to deprive the victim of equal educational opportunities as outlined in the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act of 1990 (ADA). Section 504 is a federal statute that was created to safeguard the rights of individuals with disabilities who are participating in programs and activities funded by the U.S. Department of Education. This law states that, in the United States, no person with a disability should, based solely on their disability, be excluded from participating in any of the school's programs or activities. Nor should any individual with a disability be denied the benefits of these school programs or face discrimination based solely on their disability.
Section 504 regulations mandate that school districts must offer a "free appropriate public education" to every eligible student with a disability who is within the jurisdiction of the school district, irrespective of the severity or nature of the student's disability. When there is harassment or bullying in a school that is directed at a student with a disability—regardless of the basis—this can negatively impact the school's ability to provide a free, appropriate public education. Inappropriately responding to bullying or harassment based on a student's disability may be considered a violation of Section 504 and the ADA.
Schools in Alaska are to take prompt action to end the bullying or harassment of students with disabilities, prevent recurrence, eliminate the hostile environment, and investigate whether any special services that the student receives were impacted.
Alaska Private School Bullying Liability
Private schools in Alaska operate independently and do not receive any state or federal funding, so they are not subject to the same regulations as public schools. Consequently, if your child experienced bullying or harassment at a private school, the anti-bullying laws in effect in Alaska and the federal liability laws do not come into play. In those cases, Alaska's personal injury laws may provide protection and remedies for your situation.
Alaska Personal Injury Laws Protecting Bullying Victims
These anti-bullying laws, policies, state regulations, and procedures are all well-intentioned efforts to prevent bullying in Alaska and to properly address bullying behavior when it occurs. However, not every school district or charter school in Alaska adequately fulfills its responsibility to implement an anti-bullying policy. Not all school policies regarding punishment for bullying are enforced. The bottom line is that not every school protects its students.
Students in Alaska have rights, and parents/guardians can take measures to hold the school district or charter school accountable by pursuing a claim of negligence. When a child is bullied and suffers emotionally or physically due to the school's negligence, the injuries and losses that were sustained form the basis of a personal injury claim against the school district.
There are several ways a school district or charter school can exhibit negligence with regard to an incident of bullying. These include any of the following and more:
- Failure to formulate and implement a school district or charter school anti-bullying policy
- Failure to execute established procedures for the prevention of bullying
- Failure to enforce the school's policy against bullying
- Failing to promptly take action to stop the instances of bullying
- Failing to protect victims of bullying from further incidents of bullying behavior
- Neglecting to implement the necessary measures in line with school procedures for reporting incidents of bullying
- Failing to diligently oversee school classrooms, school playgrounds, school grounds, and school communal areas to identify signs of bullying
- Not adequately conducting comprehensive investigations into reported instances of bullying behavior
- Failing to prevent retaliatory behavior against the bullying victim after they have filed a report about a bullying incident
In filing a claim against a school district or charter school, the parent/guardian must demonstrate that the school was negligent, that they failed to act according to state and school policy, and that this failure on their part caused the bullying victim to suffer emotional and physical damage.
There are legal deadlines for filing claims in the courts, known as statutes of limitations. In Alaska, the statute of limitations for filing a personal injury claim is two years for injury to a person and six years for injury to personal property. Any claim against a school district or charter school in Alaska must be filed before this deadline passes, or the courts may refuse to accept the case.
Pursuing a claim against a school for bullying can be challenging and complex; our experienced Education Law Team will thoroughly examine every aspect of the bullying incident to identify the specific actions that support the claim of negligence.
Experienced Legal Representation For Alaska Bullying Victims
When your child has suffered bullying at school, and the school district or charter school fails to prevent the bullying or to properly address the bullying behavior, we can help. The Lento Law Firm's experienced Education Law Team is dedicated to protecting the rights of bullying victims. Our team is available to represent your Alaska elementary or secondary school student, holding those accountable and aggressively advocating on your student's behalf. The Lento Law Firm Team has extensive experience helping students nationwide on several issues, including bullying, hazing, and other harm. Contact us today or call the Lento Law Firm today at 888-535-3686.
