Sometimes bullying can escalate to the point where legal action
may be necessary. This can be costly and very time-consuming. I truly feel this final recourse should be limited only to situations when all other cooperative and peaceful attempts at resolution have been unsuccessful, requests for intervention have been unmet by the school, and / or if your child’s
life is in danger. Working out the issue
BEFORE it gets to this point will be much easier on your child as well as
everyone involved!
I am not an attorney (that legal advice will be coming soon)
BUT in the case where it is your only option I have some advice for you.
1. Know the
Laws in Your State
As you can imagine laws vary from state to
state. Some laws are very detailed, while others have some room for improvement.
StopBullying. Gov
has a great website that lists each states law on bullying and harassment.
 |
| Laws only = Dark Green, Policy only = Light Green, Both Law & Policy = Blue |
2. I can’t stress enough- KEEP A DETAILED RECORD!
If you are going to pursue a legal approach
you will need every bit of FACTUAL evidence you can get your hands on. A new
feature I have added to my app is a tab called “Keep A Record.” This tab allows you to keep all your evidence in
one place. I have included a camera to take pictures of physical evidence, a
video option as well as a voice recorder to record your child’s or your account
of the incident, and a note pad to write down- who, what, where, when. Make sure all of your records are dated and again are FACTUAL.
3. Know That
Bullying Can Be a Civil Rights Issue
If the bullying is considered an infringement
on a US citizen’s civil rights (your child), it can be considered harassment by the federal
government. If that is the case, there are clear set responsibilities the school
has to address the situation.
“On October 26, 2010, the US Office for
Civil Rights released a “Dear Colleague” letter on harassment and bullying that
outlined school’s responsibilities. The OCR stated that bullying may also be
considered harassment when it is based on a student’s race, color, national
origin, sex or disability” (Beyond Sticks & Stones; PACER’s National
Bullying Prevention Center).
What
Constitutes Harassment?
·
Verbal Abuse
·
Graphic or Written Statements
·
Threats
·
Physical Assault
·
Conduct that may be physically threatening,
harmful, or humiliating
It’s important to note that not all bullying is considered harassment!
Under
federal civil rights law, harassment is unwelcome conduct based on a protected
class.
“Harassment (versus bullying) may create a “hostile environment” when
the conduct is sufficiently serious in that it interferes with (or limits) a student’s
ability to participate in (or benefit from) the services, activities, or opportunities
offered by a school, on the basis of race, color, national origin, sex or
disability.
Being a parent watching your child go through a rough time
is no doubt heart breaking and trying. There will be times when your emotions
will get the best of you- and that’s OK! We are human! For the sake of your child’s
safety and helping them get through this very difficult time, try to keep
grounded and a level head. Show them that together- you can and will get
through this. Whatever you do PLEASE don’t give up.
Until next time…
“Be Kind. Make a Difference.”
References: "Beyond Sticks & Stones," PACER's National Bullying Prevention Center, and Stop Bullying. Gov.
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