Litigating Against Washington, D.C. Schools: Bullying Victims

As a parent, nothing matters more to you than your child's safety and welfare. You make sure they get to bed on time; you intervene if they're hanging out with a bad crowd; you talk to them about the dangers of drugs and alcohol.   

You want your school to care about them, too. You want teachers and administrators to do everything in their power, not just to educate them but to keep them safe. Most schools do. When they don't, you absolutely have the right to hold them responsible for their failures, and you should never be shy about doing so. 

School bullying remains a pervasive problem in the United States. Thousands of students are victimized every year. If your child is one of them, you can—you should—hold their school and district responsible. They aren't just morally or ethically responsible. Protecting your child from bullying isn't just “the right thing to do.” It's D.C. law. 

Below, we'll get into various aspects of D.C. law and how you can use it to protect your child and hold schools accountable when they fail to prevent bullying. Right at the start, though, you need to know that you're not alone in your fight. The Lento Law Firm is on your side. Our Student Defense Team knows the law. We also know how the D.C. education system works. We're ready to put what we know to work for you and your family whenever you need us. To find out more, call 888-535-3686 or use our automated online form. 

Addressing the Problem First 

As we've promised, we're going to get into all the ins and outs of filing suit against your school district for any ways that they failed your child. It is important that you know how to recoup losses you may have suffered as a result of those failures.  

Before we get into any of that, though, you need to know that it's important you act immediately to intervene any time your child is being bullied. Bullying can escalate quickly, and what might seem like teasing at first can become emotionally devastating or physically violent. And the effects of bullying can last for a lifetime. It isn't just that it interferes with a child's education. It can lead to anxiety, depression, a loss of interest in schoolwork, and a fear of going to school.   

Litigation takes time. You must build your case carefully. There are procedures to follow. It's an important fight. You and your family deserve compensation. Before you worry about compensation, though, you need to do everything you can to protect your child in the moment. 

You should never take the law into your own hands, retaliate against a bully, or encourage your child to do so. Short of that, though, there are important steps you can take to put a stop to bullying. 

• First, contact your child's school. Most teachers and administrators take bullying extremely seriously, and they'll do whatever is necessary to protect your child.  
• If your district isn't acting or isn't acting quickly enough, contact state and federal authorities. The Office of the State Superintendent of Education (OSSE) exercises authority over all schools in D.C. and can bring pressure to bear when you need it. Likewise, the federal government can be a strong ally when you need to force your school district to act. 
• If nothing else is effective, you may need to take your child out of school, at least in the short term. 
• In the most serious cases, you may need to contact local law enforcement, especially if the situation has become violent or you are worried that it might become violent. 

Of course, it's easy for us to give you a list of things to do when your child's being bullied. We understand, though, that when events are unfolding, it's easy to get overwhelmed. Bullying can be enormously stressful, not just for your child but for you as well. That's why we aren't just available to help you take your school to court. Any time your child is being bullied, the Lento Law Firm is here to help in any way we can. We know who to contact when there's a problem, and we know what to say. Whether you need us to make phone calls on your behalf or to remind your district of its responsibilities, we're here for you. Just call 888-535-3686 or fill out our automated online form. 

D.C. Anti-bullying Laws 

Let's talk a little about your child's and your family's rights under the law. D.C. has strict laws against bullying in schools. These laws require schools and districts to respond quickly to any bullying situation. In addition, though, they put the burden on schools to prevent bullying from happening in the first place.  

The law's first directive is that all districts must establish a clear anti-bullying policy. At a minimum, that policy must 

• Define bullying 
• Prohibit bullying 
• Include a description of expected conduct 
• Include a list of consequences for those who engage in bullying 
• Include procedures for reporting instances of bullying 
• Prohibit retaliation against those who report bullying 

Not only must schools conduct thorough investigations when someone reports bullying, but they must further allow for “secondary investigations” any time one of the parties is dissatisfied with the outcome of the primary investigation.  

Just as important as a district's response to bullying, though, is the measures it puts in place to prevent bullying. D.C. districts are required, for example, to 

• Discuss their anti-bullying policy with students 
• Publish their policy to all students, parents, and staff 
• Annually review and update their policies 
• Provide annual training in prevention techniques for faculty and staff. 

What all of this means for you is that if your child has been a victim, you may be able to recover the losses your child or your family suffered by holding the school district responsible. The law makes clear that districts must investigate complaints, that they must punish anyone who's participated in bullying, and that they must protect your child while they conduct their investigations. Further, though, because your district has an obligation to prevent bullying, you may have a case any time bullying occurs, no matter how the district responds after the fact. 

Washington, D.C. Bullying Definition  

One of the first things you must do if you're looking to file litigation over a bullying incident is to prove that bullying actually occurred. To do this, you need a clear understanding of the definition of bullying. That definition has two parts.   

First, it describes the basis for bullying. Bullying must be a “severe, pervasive, or persistent act or conduct, whether physical, electronic, or verbal,” that targets a student's “actual or perceived.” 

• Race 
• Color  
• Ethnicity 
• Religion 
• National origin 
• Sex 
• Age 
• Marital status 
• Personal appearance 
• Sexual orientation 
• Gender identity or expression 
• Intellectual ability 
• Familial status 
• Family responsibilities 
• Matriculation 
• Political affiliation Genetic information 
• Disability 
• Source of income 
• Status as a victim of an intrafamily offense 
• Place of residence or business 
• Any other distinguishing characteristic 

The second part of the definition deals with the consequences of bullying. To qualify as bullying, an act must do one of the following: 

• Place a student in reasonable fear of physical harm or damage to their property 
• Significantly harm a student's physical or mental health 
• Substantially interfere with a student's academic performance or attendance 
• Interfere with a student's ability to participate in or benefit from school services 

Elsewhere, the law also addresses the issue of jurisdiction. That is, to be covered under D.C.'s anti-bullying legislation, an act must occur 

• On school property or “with its property,” such as an electronic device 
• At a school-sponsored event 
• On school transportation 

Finally, D.C.'s law notes that electronic communication qualifies as bullying, no matter where it occurs, if it interferes with a student's ability to participate in or benefit from school services. This means bullying over social media will usually qualify under the law. 

D.C.'s Liability Laws as They Apply to Bullying 

D.C.'s anti-bullying laws are among the most stringent in the country. Not only do they apply to a wide variety of actions, but they apply to any educational agency, not just schools.  

However, these laws do not address issues of liability when it comes to school and district responsibility. For that, we must turn to D.C.'s liability laws.   

Government entities in the District of Columbia have no special immunity from liability. This means they can be held responsible for negligence, the same as any private entity.  

The issue in developing a liability case, then, is to identify what constitutes “negligence” on a school or district's part. Keep in mind that schools are responsible both for responding to and preventing bullying. This means you may have a case any time teachers or administrators fail to do things like 

• Properly monitor classrooms, cafeterias, and playgrounds for bullying 
• Take immediate action to stop a bullying incident 
• Separate students who are known to be bullying from their bullying victims 
• Protect bullying victims from further acts of bullying 
• Follow outlined school procedures on complaints of bullying 
• Investigate bullying complaints thoroughly 
• Prevent retaliation for bullying complaints 

D.C. Private School Liability to Bullying Victims 

While D.C. anti-bullying laws do not specifically mention private schools, they do refer generally to “educational institutions” rather than to “government-funded” or “public” schools. This suggests private schools may be subject to the same requirements as public schools. 

In any case, there are ways to hold a private school accountable even if they are not liable, specifically under anti-bullying legislation. 

• First, bullying often involves behavior that does violate D.C.'s criminal code. For example, assault and battery are against the law no matter where they occur. If bullying involves such offenses, you can hold a private school responsible if they were negligent in preventing them.  
• Additionally, federal law contains some important protections for certain classes of individuals at any educational institution that receives government funds. If your child is a member of one of these groups and suffers harassment at school, you may have the right to hold the school responsible if the school receives any public monies. 

Federal Anti-bullying Laws Supporting Liability 

The federal government is dedicated to stopping bullying, as evidenced by its vigorous StopBullying.gov campaign. However, as yet, there are no federal laws prohibiting school bullying. Your best bet for filing suit over a bullying claim, then, is to make use of D.C.'s own laws. 

Nevertheless, as we mentioned above, federal law does ban “harassment” of several protected groups. If bullying involves a member of one of these groups, these laws may be used as the basis of litigation. 

• First, Title IV broadly prohibits discrimination on the basis of race, color, religion, sex, or national origin and applies to all public schools. The courts generally regard “harassment” as a form of discrimination. 
• Title IX specifically bars sexually-based harassment at any educational institution and applies to any school—public or private—that receives federal funds.  
• Section 504 of the Rehabilitation Act of 1973 guarantees equal access to public schools for students with disabilities. This guarantee has been used to argue that “harassment” interferes with a disabled student's right to an education. 

Generally speaking, federal civil suits are more difficult to file and more difficult to win than suits filed in D.C. You must, for instance, be able to establish not only that your child is a member of a protected group but that the harassment that occurred was based on their membership in that group. That can be a high bar. Even so, federal law does provide an important avenue for holding schools accountable when bullying occurs. 

You can count on the attorneys at the Lento Law Firm to go over all of your options in a bullying case. One of our most important jobs is to advise you which path is best in your particular situation so that you have the very best possible chance of getting the justice you deserve. 

Compensation for Bullying Victims in D.C. 

We've talked about civil litigation as a path to justice. Just what does that mean, though, in concrete terms? Again, bullying itself is not a criminal offense. That is, you cannot file charges against someone for bullying. What can you do? 

You can hold those responsible for bullying to account by filing a lawsuit. In some instances, you may need to file an “injunction” to force a school or district to treat your child properly. More often, though, such suits have to do with issues of “compensation.” 

Bullying can be costly for victims and their families. It can be costly in terms of direct out-of-pocket losses, such as 

• Medical expenses 
• Therapy or counseling expenses 
• Replacement of 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 

There are other kinds of costs your child might suffer as well, though, costs that aren't always as easy to quantify.  

• Pain and suffering 
• Mental and emotional distress 
• Embarrassment 
• Humiliation 
• Fear or fright 
• Shock 
• Loss of enjoyment of life 

If your school district allowed bullying to happen, your family shouldn't have to bear the burden of any of these costs. A civil suit allows you to demand they pay for their negligence.  

Pre-suit Steps for D.C. Bullying Victims 

A civil suit requires careful preparation. Even before you officially file such a suit, you must make sure you're setting up your case for success.  

• Document everything that occurs. Have your child write out their version of events as soon after the incident as possible while those events are fresh in their minds. Make your own notes about the district's response to the incident. Keep up with all communications.  
• Make sure you've reported bullying to your child's school. You cannot hold your school responsible for negligence if they don't know bullying happened.  
• Participate fully in any investigations or adjudications. Again, you cannot claim the school failed to act appropriately if you don't help them hold bullies accountable. 
• Finally, if you don't feel your school is doing enough, contact state or federal education authorities. You need to demonstrate that you have done everything in your power to protect your child.  

While you're doing these things, keep in mind that the law gives you some important protections. Perhaps the most important of these is protection from retaliation. Bullies and bullies' families have no right to harass you simply because you reported an incident. 

Pursuing a D.C. Civil Action on Behalf of a Bullying Victim 

Once you've established that bullying did occur and that the school failed to do its job in protecting your child, you can begin the process of filing the action itself. Your Lento Law Firm attorney will handle most of this for you. 

• Your attorney begins by initiating a pre-suit investigation. They'll collect all of your documentation as well as any other evidence available in the case. Then, they'll sift through all of this evidence and make decisions about what's relevant and what's admissible. 
• Next, your attorney compiles all the material they've gathered, researches the law, and uses this information to draft a complaint. This complaint must be filed with the appropriate court, and D.C. law requires it be filed within 6 months of the event.  
• Your attorney issues an official summons to district personnel. These personnel are required to sit for deposition and provide evidence related to your case. This process is called “Discovery.” You'll likely be asked to sit for deposition as well, but your Lento Law Firm attorney will be there to help guide you through the entire process. 
• As they prepare for trial, your Lento Law Firm attorney will continually conduct negotiations on your behalf. Very few suits actually go to trial, but you want to be absolutely sure you are being appropriately compensated before you accept any pre-trial settlement.  
• After Discover comes a period during which both sides file motions. Motions help to set the parameters of the case and dictate what happens in court.  
• Should your case go to trial, your Lento Law Firm will represent your interests. For example, they'll make arguments on your behalf, submit evidence, and examine witnesses.  
• Should you win your case, your attorney is responsible for collecting any money owed to you by the district. Should you lose your case, your attorney immediately begins the process of appeal. 

Defending Disciplinary Charges Against a Bullying Victim 

One of the things that sometimes happens in a bullying case is that the victim can wind up accused of misconduct. Bullies sometimes try to blame the victim for shifting the narrative. When schools have trouble sorting out the facts, they sometimes wind up accusing everyone. Remember, though: you don't have to wait until you're ready to file a lawsuit to contact the Lento Law Firm. Our Student Defense Team is highly experienced at defending students from misconduct charges. If you're child's been accused, we can 

• Respond to any complainants on your behalf 
• Document what happened and make sure the school has all the facts 
• Help prevent the situation from escalating 
• Respond directly to any disciplinary complaints made against your child 
• Represent your child during investigative meetings and hearings 
• Hold the district accountable for following its own policies 
• Negotiate with school and district officials to come up with fair resolutions 
• Use additional channels to pressure the district, such as the D.C. Office of the Superintendent 

Helping Your Student Avoid D.C. School Bullying 

Finally, it's worth remembering that you can do a lot as a parent to prevent bullying from occurring in the first place. Compensation after an incident is important, but it's not nearly as good as never having to deal with bullying at all.  

• Talk openly with your children about bullying. Make sure they can recognize bullying and that they understand what kind of damage it can cause. And make sure they don't participate in bullying themselves, even in retaliation.  
• Encourage your child to report bullying, whether it's happening to them or to someone else. D.C. schools are required to have a clear reporting procedure, but you can tell any official about what's happening and expect an immediate response. 
• Suggest to your kids that they talk with their friends about bullying. When everyone at a school understands the consequences of bullying, it is less likely to happen at your school.  

Premier Representation for D.C. Bullying Victims  

The Lento Law Firm was founded to help students. We know the law; we know the D.C. education system, and we're highly 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.