Washington, D.C. Lawyers: When Schools Fail to Prevent School Bullying
Strong representation for students who suffer from bullying at school or in school activities
Part of growing up is learning to cope with children who may be mean or obnoxious. There’s a major difference, though, between an occasional unsettling remark and intimidating or purposely making a student feel left out, emotionally hurt, or physically hurt.
Covered D.C. agencies, educational institutions/LEAs receiving District funds, and grantees must adopt and enforce bullying-prevention policies under the D.C. Youth Bullying Prevention Act. Legal liability in Washington, D.C., generally requires proving the school had notice of the bullying and failed to take reasonable steps to prevent foreseeable harm.
At Nace Law Group Accident & Injury Lawyers in Washington, D.C., we help stop bullying and hold those who had a duty to protect your child from bullying and failed to do so accountable. Our Washington, D.C. school bullying attorneys seek compensation for all the ways a school, school district, or other responsible party caused your child and you financial and personal harm, such as the cost of medical care for your child and your child’s pain and suffering.
How can we help?
- What does school bullying mean?
- Where does school bullying occur?
- How common is school bullying?
- How does bullying differ from harassment?
- How does school bullying affect students?
- Are schools responsible for failing to prevent students from bullying?
- How do you help school bullying victims in Washington, D.C.?
- What compensation can students and parents receive for school bullying in Washington, D.C.?
- FAQs
- Do you have a Washington, D.C. school bullying lawyer near me?
What does school bullying mean?
StopBullying.gov defines bullying as behavior (that is often repeated) that involves unwanted, aggressive behavior due to a “real or perceived power imbalance.” The imbalance may be due to physical strength, popularity, or access to embarrassing information, which can change over time.
The types of bullying include the following:
- Physical bullying. This type of bullying includes punching, hitting, kicking, and pinching. It also includes tripping, pushing, spitting, breaking or taking a student’s things, or making physical gestures.
- Verbal bullying. This type of bullying includes teasing, ridiculing, taunting, and making threats. It also includes calling someone names and inappropriate sexual comments.
- Social bullying. This type of bullying includes hurting a student’s relationships or reputation. Examples include leaving someone out of an activity, telling other students not to be friends with a student, embarrassing a student in public, or spreading rumors about someone.
Other types of bullying include:
- Cyberbullying.This type of bullying involves digital devices, such as computers, tablets, and cell phones. Cyberbullying may occur on the Internet, group forums, social media, texting, SMS, and gaming. Examples include posting, sending, or sharing harmful messages, photos, or videos.
- Sexual bullying. This type of bullying involves conduct, posting, comments, and other actions or messages of a sexual nature. Sexual bullying can take place in person and online.
Children who may suffer bullying include anyone who is seen as different from their peers – based on their identity characteristics, weight, clothing, appearance, social class, or newness to a school. Students who are seen as weak, with low self-esteem, or who have few friends may be targets for bullying.
Your child may be bullied by just one student or by a group of students. In some cases, a coach, teacher, or another school employee may be the person committing the bullying of your child.
Where does school bullying occur?
Bullying can take place at school, on playgrounds, in bathrooms, in locker rooms, in the cafeteria, in a gymnasium, at after-school activities, or on the bus. While bullying often happens in primary and secondary schools, it can also occur on college campuses. Bullying may also take place in a student’s neighborhood and on the Internet.
How common is school bullying?
StopBullying.gov reports that about “19.2% of students ages 12-18 enrolled in grades 6-12 experienced bullying nationwide during the 2021-2022 school year.” Bullying in middle school is generally higher than in high school. Students in this age group said that the people who bullied them could influence what other students think, were physically bigger, and/or came from richer families.
Nearly two out of three students in this age group said that they were bullied on multiple days during the school year.
How does bullying differ from harassment?
According to the National Bullying Prevention Center, both bullying and harassment involve power, control, conduct that harms another person (physically or emotionally), a power imbalance, and the inability of the target to stop the harmful conduct.
The power imbalance when someone bullies another is often due to being physically bigger, having a higher social status, or the ability to emotionally intimidate the target. Harassment generally involves unwelcome conduct based on a protected characteristic. Bullying focuses on severe, pervasive, or persistent conduct that may involve a real or perceived distinguishing characteristic and that can reasonably be predicted to cause specified harm.
How does school bullying affect students?
Our Washington, D.C. school bullying lawyers work with child psychologists, family doctors, and other health care providers to fully understand the harm that children and young adults who suffer from bullying live with. The consequences of bullying include many types of negative emotional and social harm, including:
- Anxiety, depression, difficulty sleeping, changes in eating patterns, and a loss of interest in activities the student used to enjoy.
- Lack of self-esteem and confidence.
- Headaches, colds, and stomach pains.
- Poor academic performance, including poor grades, test scores, and school participation levels.
- Difficulties forming friendships and maintaining healthy relationships.
- Difficulties staying employed and paying their bills.
Are schools responsible for failing to prevent students from bullying?
School district liability
While school officials can’t be everywhere all at once, they do have a duty to create policies and procedures to protect students from bullying by other students. These policies include:
- Identifying when and where bullying is likely to occur
- Developing strategies (such as adult supervision) to prevent bullying
- Encouraging students, teachers, and staff members to report and identify bullying
- Investigating and responding to bullying
- Disciplining students who bully other students
- Keeping the victims of bullying (and the students who commit the bullying) informed
Both individual schools and the school districts responsible for the schools have a duty to implement, maintain, and enforce these bullying policies and procedures. We hold schools and school districts accountable when their failure to protect your child from bullying causes your child physical or emotional harm.
The District of Columbia Public Schools (DCPS) is aware that bullying at school is a problem. We review whether the DCPS and the member school took the appropriate steps to protect your child.
What if the school or school district did nothing?
Generally, schools and school districts need to take proactive steps to stop and prevent bullying.
Schools must take reasonable steps to prevent and respond to bullying.
Public and private schools may both face liability for failing to address bullying, but public schools are also subject to federal civil rights laws, while private school liability may involve negligence, contractual obligations, or violations of the D.C. Human Rights Act if the conduct is discriminatory.
How do you help school bullying victims in Washington, D.C.?
At Nace Law Group Accident & Injury Lawyers, we work to hold those who should have protected your child accountable. Bullying generally involves repetitive, harmful conduct. Schools and school districts should be able to discover and respond to those repeated actions.
We help your child by:
- Determining what laws and court decisions protect your child
- Reviewing the policies and procedures of the school and the school district
- Filing personal injury complaints on behalf of your children
- Navigating the administrative grievance process, where necessary
- Investigating what happened, who is responsible, and how they should have protected your child
- Formally questioning everyone (supervisors, teachers, parents, and students)
- Reviewing your child’s medical harm and the medical care you will need
- Negotiating with insurance companies for the school and school districts
- Seeking to have the school or school district stop the bullying from continuing
- Representing your child in court
What compensation can students and parents receive for school bullying in Washington, D.C.?
We work with your doctors and our network of physicians and child psychologists to verify your child’s condition, medical needs, trauma, and limitations. We seek compensation for your child’s past, current, and future:
- Medical expenses
- Loss of future earning capacity may be recoverable in some cases if supported by sufficient evidence
- Physical pain and emotional trauma
- The inability to enjoy life’s pleasures
- The inability to develop and keep personal relationships
FAQs
What is the time limit for filing a school bullying claim in Washington, D.C.?
Please contact us as soon as possible to protect your child’s claim and to help your child get the medical help they need.
In Washington, D.C., personal injury claims are generally subject to a three-year statute of limitations, and claims against the District government may require giving the District notice within six months. The statute of limitations timeline may be subject to tolling until a minor turns 18.
How should parents and students respond to school bullying?
We recommend that parents:
- Inform the school supervisors about what’s happening
- Seek medical help for their child
- Discuss with your child how they can respond to bullying at school
- Contact our experienced personal injury lawyers
Do you have a Washington, D.C. school bullying lawyer near me?
Yes, we do. Our Washington, D.C. office is just a 2-minute walk from The Washington Harbour in Georgetown. We’re located at 1025 Thomas Jefferson St NW #810, Washington, D.C. 20007. We also discuss cases by phone and through online video. We do want to get to know your child to understand their emotional and developmental needs.
We’re here to calmly and clearly guide you through the claims process.
Contact our Washington, D.C. school bullying attorneys now
We understand just how frightening and traumatic bullying can be. At Nace Law Group Accident & Injury Lawyers, we want to stop the bullying and protect your child’s future. We focus on the financial recovery of your child so you and your child can focus on their physical, mental, and emotional recovery.
To schedule your free case evaluation, please call or complete our contact page. We’re ready to help you and your child today.