School Bullying Attorney for Student Victims
School-aged children often face unwanted, aggressive behavior that is commonly known as bullying. This behavior includes threats, the spread of rumors, physical assault and battery, inappropriate contact, and verbal torment. There is often long-term psychological damage when such acts are repeated over a great period of time. Your child will need your support, and possibly the support of trained professionals, to recover from this traumatic experience.
If the staff, teachers and/or administrators were aware of the bullying, there may be legal action you can take to help support your child and others. Contact ACTS Law today for a free consultation. Our attorneys can review whether your child has a viable claim as a result of injuries suffered from bullying in school. Call (833) ACTS-LAW for a free consultation.
Student Bullying Defined Under California Law
- Acts that can be construed by a court of law as school bullying include:
- Cyber Bullying and Teasing
- Verbal Teasing and Verbal Taunting
- Spitting, Hitting, and Kicking
- Shoving and Pushing
- Promotion of Social Exclusion and Spreading of Rumors
- Intimidation and Extortion
- Sexual Bullying
- Ethnic and Religious-Based Bullying
- Hate Motivated Bullying and Race-Based Bullying
Cyber Bullying and California Assembly Bill 86
The state legislature of California enacted the Anti Cyber Bullying Assembly Bill 86, which places cyberbullying alongside other forms of student harassment that take place in a school setting. This was done because of the seemingly drastic rise in cyberbullying on social media platforms such as Twitter and Facebook, as well as on smartphones as a whole. If your daughter or son has experienced any of the acts mentioned above, contact ACTS Law. Our experienced attorneys are dedicated to protecting the rights of students, as well as helping them overcome the physical and emotional trauma caused in school settings.
What Students Should Do If They Witness Bullying in School
It is difficult to stand up to a school bully, and those who stand up to bullying are often bullied or physically attacked as well. Aside from standing up to bullies, some other ways that students can stop bullying in their schools include:
- Alerting staff or teachers about what they saw
- Advising other students to take a stance against bullying
- Not joining in on acts of bullying
- Telling their parents about the bullying they see
Anti-Gay Bullying (Seth’s Laws) And Other California Anti-Bullying, Discrimination, and Intimidation Statutes
Bill AB 9 in the California State Legislature, otherwise referred to as Seth’s Law, is an anti-bullying law which helps protect California public school children from anti-gay bullying. The law has a specific focus on preventing and reducing the high prevalence of bullying against LGBTQIA+ students enrolled in California Public Schools.
AB 537: Seth’s Law strengthens the preexisting California Anti-Bullying Law Passed in 2000, which prohibits discrimination and harassment in schools based on specific categories that include:
- Sexual Orientation
- Gender Identity or Expression
- Association with a Specific Group
Sports Injuries at Schools
Millions of sports-related injuries are suffered every year by students while participating in school activities. These injuries range from mild to severe, and can be very painful for the child as well as expensive for families to treat. The school districts can be legally responsible for the injuries that the student has experienced, based on negligence.
If Schools, teachers, coaches, or school districts are held responsible, they may be required to pay for damages. Damages in a personal injury lawsuit can include:
- Medical Bills,
- Pain & Suffering
- Loss of Income
A personal injury lawsuit against a school district can be complicated, due to special timelines and notice requirements for filing a lawsuit against a school.
What Kind of Sports Injuries Take Place at School?
The types of injuries that occur as a result of sports-related accidents vary, depending on the age of the participant, sport, and other factors. Some notable areas where these accidents take place are at schools, on school grounds, or through school-organized team sports. Common school sports injuries may include the following:
- Broken Bones
- Ankle Sprains
- Pulled or Sprained Muscles or Tendons
- Spinal Trauma
- Knee Injuries
- Stress Fractures
- Anterior Cruciate Ligament (ACL) Tears
- Heart-Related Sickness
- Injuries to Eyes
- Shoulder Damage
A school injury can occur on the way to or from a competition if a school-bus is involved in an accident as well.
What are Considered to be the Most Dangerous School Sports?
Any school sport has the potential to cause injury to a student. However, certain sports are statistically proven to cause injury due to the nature of the activity. Contact sports, are often the most common sports that lead to injury, including:
- Football: Universally the most dangerous youth sport, which high concussion rates among young football players, and studies are still coming out that show continuous trauma to the brain and its dangers.The high impact nature of the sport also include serious risks to the bones, limbs, and face.
- Lacrosse: There is a high risk of concussions that are a result from player collisions, impact with the stick, or impact with the ball. Shoulder injuries, and other internal damage can be the result of a “body-check”.
- Wrestling: Intense muscle strain, powerful moves, and body slams that can potentially injure a chile are incorporated within wrestling. If the proper protection is not worn during a match or practice concussions are once again a significant risk and “cauliflower ears”.
- Cheerleading: Cheerleaders are expected to perform complex stunts, tossing, and tumbling. Competitive cheerleading especially, can cause broken bones due to falls, muscle damage, and other severe injuries.
- Basketball: Shoulders can be damaged from shooting, quick transitions can put great strain on leg muscles and joints.
The lack of supervision, lifting injuries, accidents involving slips and falls, or workout equipment product defects in school training facilities such as gyms, workout rooms, or fitness centers can also be a source of injuries for all school sports.
What Financial Compensation is Available After a School-Related Sports Injury?
Once an attorney can prove your case against the school district, you can be awarded financial compensation for your injuries. Compensatory damages include non-economic damages for pain and suffering as well as financial losses associated with the injury.
Damages that are compensatory in a school sports injury lawsuit may include:
- ER Treatment
- Future Medical Costs, Including Rehabilitation
- Medical Bills
- Loss of Income (Student or Parents Having to Take Time off Work)
- Loss of Future Income
- Compensation for Loss of Limbs, Scarring, or Disfigurement
- Pain and Suffering
In limited circumstances, punitive damages may be available if the accident was intentional or the school tried to cover up some wrongdoing by school officials.
Fatal School Sports Injuries
If a school sports injury resulted in the death of a loved one, family member, or personal representative, familcan bring a wrongful death lawsuit. A wrongful death lawsuit’s damages can include compensation for the family members and beneficiaries due to the loss of a loved one. Damages in wrongful death lawsuit may include:
- Funeral and burial expenses
- Compensation for Loss of Support and Companionship
- Financial Losses to the Family
When are Schools Liable for My Child’s Sports Injuries?
The liability might fall on a number of parties when a student is injured during a school sports activity. Teachers, coaches, and school administrators generally have a duty of care to their students. When an injury occurs as a result of failure by these individuals to follow their duty of care, these defendants may be liable for damages.
School districts may also be liable for a school property’s unsafe conditions. When a school does not keep the school property in a reasonably safe condition that causes an accident, the school becomes liable under premises liability laws.
Even if a facilities manager, coach, or teacher was negligent in causing the injury, the school district may still be liable for damages. An employer can be held liable vicariously for the negligence of their employees under “Respondeat Superior” laws.
Schools have parents sign waivers that allow their children to participate in school sports. However while schools can exempt themselves from inherent risks associated with school sports, they may not force you to waive all risks that are not inherent with the sport.
Title IX Accusations
Campus allegations of sexual nature go through the code of conduct procedures of a university as Title IX Violations. Title IX is considered a federal civil rights law and it was enacted as part of the Education Amendment Act of 1972. The original intent of the law was to prohibit gender discrimination amongst students, employees, and faculty belonging to educational institutions.
The U.S. Supreme Court expanded Title IX protections in 1992 to include sexual assaults. The meaning and definition of sexual assault and harrassment has since shifted and includes more actions and behaviors than before.
Title IX Offenses and Allegations Include but are not Limited to:
- Sexual Assault
- Sexual Harassment
- Lack of Consent
- Dating Violence
- Unwanted Touching
- Domestic Violence
- Video Recording and Sharing
How ACTS Law Can Help:
Title IX hearings are conducted on campus once a complaint is made against a student, the school is obligated to promptly investigate under federal law. Proceedings begin when a school receives a complaint, the school will appoint an investigator, a panel is selected to review the matter, evidence is gathered, and statements are taken.
Attorneys may appear with students at hearings but may not be permitted to speak. The school appoints an “advisor” to guide the accused through the process. That advisor should never be confused with a lawyer.
A Los Angeles attorney at ACTS Law will ensure that you have all the tools available to represent yourself as effectively as possible – under stress and in what could be a hostile environment.
We will help you become prepared, well-informed, organized and confident enough to handle any hard questions or situations you may face in the process.
Steps Schools Can Take to Prevent Bullying
Numerous actions can be taken to reduce the prevalence of bullying within school settings. The following are some effective measures that can be taken by schools:
- School curriculum being developed to teach students about the dangers of bullying as well as the harm it causes.
- Rules being established in classrooms regarding bullying.
- School-wide rules being established regarding bullying.
- No Tolerance Policy towards any acts of bullying.
- Developing closer student-to-student relationships.
- Self-Esteem building amongst the student body.
ACTS Law Bullying Injury Attorneys Are Here to Help
Whether your student has a bullying or hazing claim against staff, the Unified District, or school administrators, our dedicated staff at ACTS Law Firm will provide expert legal advice. All of our Los Angeles bullying injury attorneys are ready to represent injured victims in and around the Encino, California area.
Our offices are located in Los Angeles and San Diego to conveniently serve clients from all over California. Contact us online today or call us at (833) ACTS-LAW for a free consultation.