Attorneys for Indiana Bullying Victims

Facing bullying, hazing, teasing, or harassment at school can be severely detrimental to a student's mental well-being, confidence, and physical health and may lead to the student taking adverse steps. As a parent or guardian, you are right to be concerned about school bullying and must be prepared to take the steps necessary to advocate for your student with their school district.

Indiana has a number of laws preventing and addressing bullying in schools and has various legal remedies that bullying victims have recourse to. Although school districts are committed to preventing bullying, instances of bullying may still occur and fly under the radar of school authorities. It can often be crucially important to have legal representation in such cases, to ensure your student's school acts in a manner that is fair towards your student, and upholds their rights.

The Lento Law Firm has a premier Education Law Team consisting of accomplished attorneys who can help your student get the compensation and legal recourse they are entitled to by law. Negotiating and working with school authorities can be tricky and complicated. Let our team of experienced attorneys help you and your student get justice. Call the Lento Law Firm at 888-535-3686 or contact us online.

Representing Bullying Victims in Indiana

Elementary and secondary schools in Indiana are committed to preventing bullying and have a legal duty toward students to keep them safe from bullying. School corporations are required to report bullying data to the state government every year and have a responsibility to have effective and comprehensive anti-bullying programs in place.

Bullying victims may be entitled to relief in the form of monetary compensation, administrative relief within the school, or more. In cases of mishandling of a bullying case by the school, they may be liable to be investigated and punished by state and federal regulators.

Bullying can sometimes violate a student's civil rights when it involves discrimination on the basis of race, sex, origin, or other protected categories. In such cases, students and their guardians may be able to sue the school for monetary compensation and damages. If your student is facing bullying, get in touch with the Lento Law Firm. Our Education Law Team can help you advocate for your student with their school and protect their rights in court, if necessary.

The Problem of Bullying in Indiana K-12 Schools

Bullying, hazing, or harassment is a serious issue and can harm your student's mental well-being, as well as their ability to learn and thrive at school. When a student is subjected to treatment that harms, threatens, or hurts them, their guardians are absolutely right to take it seriously and file a complaint or have disciplinary proceedings initiated against the perpetrator. Every student needs to feel safe at school, and Indiana legislature protects students against bullying through laws such as IC 20-33-8-0.2, that defines bullying; IC 20-26-5-34.2 B, that requires school corporations to provide bullying prevention and reporting training to school employees and volunteers; IC 20-33-8-13.5, that requires school corporations to have rules that prohibit bullying and have procedures governing expedited investigation of bullying incidents of bullying; and more.

Indiana has strengthened its legislature around bullying, particularly after a nationwide rise in suicide rates due to bullying. A new Indiana Bill, House Bill 1483, passed in February, will allow the bully or the victim to be transferred to a different school in the district at the victim's request. The bill also places an obligation upon schools to investigate all reports of bullying and inform the parents or guardians of the victim within three business days, and the parents or guardians of the alleged bully within five business days.

If your student is being bullied, seek legal help at the earliest.

Indiana Anti-Bullying Laws

Indiana law prohibits bullying and has certain requirements it expects elementary and secondary schools to adhere to with respect to rules and regulations governing bullying. Indiana's Student Safety Reporting law requires schools in Indiana to report student bullying and arrest data to the state by July 1^st every year. School corporations are required to have in place bullying prevention programs using age-appropriate information. They are also required to provide age-appropriate, research-based instruction on the prevention of bullying to students every year by October 15^th. As per the Indiana Department of Education, ‘Instruction indicated above should be delivered by a school safety specialist, school counselor or any other person with training and expertise in the area of bullying prevention and intervention.'

The Indiana Department for Education also outlines ‘Effective Evidence-based Practices for Preventing and Addressing Bullying' for schools, which contains recommendations for schools to follow. These include:

Using a comprehensive multitiered behavioral framework, which combines implementing certain rules and rewards for good behavior for the whole school, with strategies that address bullying and other problematic behaviors individually. For instance, implementing certain steps for groups of students exhibiting at-risk behavior and providing individual services for students who continue to exhibit troubling behavior.
Teaching students and school personnel appropriate behaviors and how to respond to bullying
Providing active adult supervision
Training and providing ongoing support for staff and students
Developing and implementing clear policies to address bullying
Monitoring and tracking bullying behaviors
Notifying parents in case of bullying instances

…and more.

Indiana's Definition of Bullying

According to the Indiana statute IC-20-33-8-2, bullying is defined as ‘overt, unwanted, repeated acts or gestures, including verbal or written communications or images transmitted in any manner (including digitally or electronically), physical acts committed, aggression, or any other behaviors, that are committed by a student or group of students against another student with the intent to harass, ridicule, humiliate, intimidate, or harm the other targeted student.'

As per the Indiana Department of Education, bullying can be categorized as:

Physical: involves hurting a person's body or possessions. It includes hitting/kicking/punching, spitting, tripping or pushing, taking or breaking someone's things, and making mean or rude hand gestures.
Verbal: involves saying mean things. It can include teasing, name-calling, inappropriate sexual comments, taunting, or threatening to cause harm.
Social/Relational: involves hurting someone's reputation or relationships. Social bullying involves telling other children not to be friends with someone, leaving someone out on purpose, spreading rumors about someone, or embarrassing someone in public.
Electronic/Written Communication: involves cyber-bullying, collective or group note writing, and any bullying undertaken through the use of electronic devices (computer, cell phones).

You can read more about what constitutes bullying according to the Indiana Department of Education here.

Federal Anti-Bullying Laws Supporting Civil Liability

While there is no federal law that prohibits bullying and creates a civil liability against the school in cases of bullying, there are federal laws preventing discrimination and other behaviors. These often apply in cases of bullying since bullying can include discriminatory behavior and harassment. This is why, in certain cases, these federal laws may make it possible for you to pursue monetary damages on your student's behalf. The federal anti-discrimination laws that may overlap with bullying include:

Title VI of the Civil Rights Act of 1964: This law protects students in schools receiving federal financial aid, both private and public, against discrimination based on race, color, or national origin.
Title IX of the Education Amendments of 1972: This law protects students in all schools receiving federal aid, private or public, against sexual assault, sexual harassment, stalking, dating violence, and domestic violence in all schools, public or private, receiving federal financial assistance.
Section 504 of the Rehabilitation Act of 1973: Section 504 guarantees equal access to schools for students with disabilities and prohibits discrimination based on disabilities.
Title II of the Americans with Disabilities Act of 1990: This law requires schools to reasonably accommodate students with disabilities.
Individuals with Disabilities Education Act (IDEA): IDEA guarantees a free appropriate public education to students with disabilities.
Title IV of the Civil Rights Act of 1964: This law grants equal protection to public school students and protects them against discrimination based on race, color, religion, sex, or national origin.

In order to support a civil court action involving monetary damages, you need to prove that discriminatory behavior was involved. Bullying alone is generally not enough. There must be evidence indicating that the bully acted the way they did due to your student's race, color, origin, religion, sex, disability, or other protected attribute in order to claim damages. Generally, you will also require evidence that your student's school was aware of the bullying and discriminatory behavior and chose to ignore it. Proving federal civil liability and claiming monetary compensation or damages can be a complicated and time-consuming process. The Lento Law Firm can help you understand whether you have a case and how to go about it.

Compensation for Bullying Victims in California Schools

In certain cases, your student may be entitled to compensation or monetary damages if they have been a victim of bullying. If your student has been injured, they may be able to claim damages under Indiana personal injury laws. However, government immunity laws may prevent you from filing certain kinds of lawsuits against public schools. Additionally, in order to have sufficient grounds for a lawsuit, you will need to establish liability on the school's part.

It is helpful to have the attorneys on the Education Law Team at the Lento Law Firm examine your case and conclude whether your student is entitled to compensation or whether you have a case against the school.

School districts may also have the authority to provide compensation and administrative relief to your student, so it is best to exhaust all school-level remedies before approaching a court of law. The Lento Law Firm can help you understand what damages and relief you are entitled to and help negotiate with the school on your behalf.

Compensatory damages may include out-of-pocket costs such as emergency medical care or counseling, replacement of destroyed personal items such as eyeglasses or books, and compensation for emotional suffering. Consult the Lento Law Firm to find out more about the compensation your student may be entitled to.

Pre-suit Steps at a California School for a Bullying Victim

It is best to file a complaint with the school and exhaust all administrative remedies the school can provide before filing a lawsuit.

Parents or guardians may file a complaint with the U.S. Department of Education's Office of Civil Rights (“OCR”) or the Indiana Civil Rights Commission if they think their student's civil rights have been violated.

Indiana schools have various laws and regulatory obligations to prevent and punish bullying. According to the Indiana Department of Education, ‘Once a reported incident has been investigated and determined to be a bullying incident, schools are required through components of P.L. 285-2013 to report the incident to the parents of both the targeted student and the bully in an expedited manner'. You can read more about Student Safety and Bullying Reporting on the Indiana DOE website. They are also required to report bullying incidents to the appropriate local law enforcement agency if it involves an illegal act.

Schools are required to establish ‘a detailed procedure for the expedited investigation of incidents of bullying', and provide follow-up services that include ‘support services for the victim' and ‘bullying education for the bully.'

If the school does not satisfactorily address your complaint of bullying, you could consider filing a lawsuit with the help of our attorneys. You can also file a complaint with the Indiana Department of Education. Our attorneys can guide you towards the best course of action to take, whether it is filing a school-level complaint, a state-level complaint, or a civil lawsuit. They can also help you gather and present evidence to strengthen your student's case and help you formulate cross-examination questions and other written or verbal communication you will need to undertake as part of your complaint.

With many years of experience dealing with education law cases, our attorneys are well-versed with Indiana education law and its provisions and can help your student invoke regulation that protects them and upholds their rights.

Pursuing a Civil Action on Behalf of a Bullying Victim

Filing a civil lawsuit against your student's school isn't a simple procedure. You must first meet the requirements of Indiana or federal law and take the necessary steps, such as sending a pre-suit notice to the school. After having followed all procedures, if you want to file a civil lawsuit, this is how to go about it.

The first step is to retain an experienced attorney to represent your student in court. The skilled attorneys on our Education Law Team can help you prepare a claim, investigate and gather evidence, and put together a strong case in your favor. Civil litigation is a complicated and time-consuming process, and having skilled representation is critical to getting good results.
Secondly, there will be a pre-suit period of investigation and gathering evidence. Your attorneys will help you understand whether you have sufficient admissible evidence to support a claim.
The next step is for your attorney to draft a complaint to file with the appropriate court. It is important to choose the right court to file your complaint, or it could get dismissed.
Next, our attorneys will serve the court's summons to the school and request a response from the school
Upon receiving the school's response, our attorneys will negotiate with them and try to favorably resolve your cases. Many civil cases get settled out of court.
If you do not arrive at a favorable resolution, you can expect a period of discovery where your information and evidence are shared with the school and vice versa.
The attorneys at Lento Law Firm can file pretrial motions on your behalf and send responses to the school's motions, if any.
We will participate in mediation or other dispute resolution processes and help you and the school settle on a mutually favorable agreement to avoid going to trial, which can be time-consuming and anxiety-inducing.
If pretrial procedures do not result in a favorable resolution and the case goes to trial, our attorneys will help you present evidence in favor of your student and challenge the school's evidence.
We can help you collect any monetary damages or other judgments in your favor and make sure the judgments are enforced. Our attorneys can also help you pursue subsequent appeals if needed.

It goes without saying that retaining premier legal defense is important in order to achieve a favorable outcome in your case. Our attorneys can help you at every step of your case, from pre-suit investigation and negotiations with your student's school, to the trial stage, and any appeals you may want to file. Civil litigation requires in-depth knowledge and skills, and the attorneys at the Lento Law Firm are experienced and skilled at helping students with education law issues. We have helped many students nationwide and can help your student, too.

Defending Disciplinary Charges Against a Bullying Victim

Despite being a victim of bullying, your student may face disciplinary proceedings in their school. This can happen sometimes when bullying victims act out or when school authorities find it hard to determine who was responsible in an incident of bullying.

In case of such an instance, the Student Defense Team at the Lento Law Firm can help defend your student against the charges they are facing and help their school authorities understand the circumstances that led them to act the way they did. When school authorities fail to properly put an end to bullying, students may deal with it in their own way – resorting to reciprocal violence against their bully, hitting them in self-defense, or making threats. While it is the bully who should face disciplinary action, schools can sometimes decide to initiate disciplinary action against the student who is acting in self-defense. If something like that happens to your student, Lento Law Firm's Student Defense Team can step in right away and make sure your student isn't treated unfairly.

The steps they can undertake on your student's behalf can include:

Making note of and documenting any instances of bullying;
Responding to any disciplinary summons;
Creating a strong defense for your student;
Invoking the school's disciplinary procedures and establishing mitigating circumstances for your student's actions;
Communicating and negotiating with school authorities and discipline officers;
Aiding you in preparing an appeal, or taking your case to school oversight channels.

Helping Your Student Avoid Indiana School Bullying

Bullying allegations can seriously hamper your student's academic prospects. You can help minimize your student's chances of getting involved in a bullying incident by setting some ground rules. Encourage them to share any cases of bullying that happen to or around them with you. Explain to them the importance of avoiding participating in bullying, even if their friends are doing it, or if the student themselves has been subjected to it. Your student should be encouraged to report any instances of bullying they witness in school and make sure school staff knows about it. Not only could these instructions protect your student from bullying allegations, but they could also be useful in establishing your student's lack of involvement if they do get involved in a disciplinary case.

Premier Representation for Indiana Bullying Victims

If your elementary or secondary school student has been bullied, the Lento Law Firm's Education Law Team is available to represent them in civil litigation or school-level cases and will make sure your student receives the monetary damage or other relief they are entitled to. No student should have their education and mental well-being harmed by bullying, and the experienced premier attorneys at the Lento Law Firm will make sure to work towards the best possible outcome in your student's case.

The Lento Law Firm has helped countless students across the nation, at all levels of education, from K-12 to university, contend with issues involving education law and student discipline. Let us help you get the best outcome in your student's case and protect their rights. Call us at 888-535-3686 or tell us about your issue online.

Litigating Against Schools – Bullying Victims – Indiana