lawyer representing kidss who are bullied

Full Answer

What kind of lawyer should I hire for a bullying case?

Lawyers with extensive juvenile court experience should be well-suited to evaluate a situation involving bullying. Many criminal defense attorneys specialize in juvenile criminal matters as well.

Who is liable for bullying on school grounds?

If bullying occurs on school grounds, there are many different parties which may potentially be held liable, including: The school itself, or school staff or officials, especially if they knew about the bullying but did nothing to stop or prevent it.

When should I talk to a lawyer about my child’s bullying?

When Should You Talk to a Lawyer? You should talk to an attorney if your child has been accused of bullying—especially if it entails behavior that could be criminally charged.

Who was the lawyer who represented himself in a defamation case?

Baksh was a lawyer. He sued for defamation and represented himself. In the course of the litigation, he made negative and derogatory remarks about defence counsel accusing defendant’s counsel of sharp, high-handed practice and of trying to use procedural delay tactics to avoid a decision on the merits.

Who is liable for bullying?

Generally speaking, it is the bullying student (or students) who may be held liable for cases of persistent bullying. This usually requires a school investigation into the incident or repeated incidents. Such an investigation may require testimony from other witnesses, such as fellow students, teachers, or yard attendants. School liability for student injuries is commonly difficult to prove, and can also involve lengthy investigations by school authorities, the police, and other persons.

What is bullying student?

The bullying student; The bullying child’s parents, especially if the parents approved or encouraged the abusive conduct; and/or. The school itself, or school staff or officials, especially if they knew about the bullying but did nothing to stop or prevent it. Generally speaking, it is the bullying student ...

What are the consequences of bullying in schools?

Laws against bullying in schools may prescribe legal consequences for bullying, either criminal or civil. Criminal consequences can include fines, as well as possible time in a juvenile facility for especially serious cases. Bullying commonly involves violations of criminal laws, such as theft or assault, which would lead to criminal consequences .

What are some examples of cyberbullying?

Some common examples of cyberbullying actions are: Spreading rumors or lies; Posting or sharing disturbing, inappropriate, or offensive pictures of someone else without their consent;

How can a school be held responsible for a student's injuries?

In order for a school to be held responsible for a student’s injuries, the injured student must prove that it was the school’s failure to exercise reasonable care that caused the injury. In cases involving school bullying specifically, the bullied student must prove that it was the school’s failure to intervene and stop the bullying ...

Why is it important to understand school liability for student injuries?

This is because if a student is injured on school property, one of the most important factors which determines the possibility and amount of recovery is whether the school is public or private.

How many states have anti-bullying laws?

School bullying laws are similar to workplace bullying laws. All fifty states maintain some sort of anti-bullying statute, which can greatly differ from state to state.

What is the law that protects against bullying?

The law protects against bullying in school, on school grounds, in school vehicles or at designated bus stops and at any activity sponsored, supervised, or sanctioned by the school in question. The law covers cyberbullying and can encompass acts of bullying that occur outside of the school environment.

What is bullying in school?

Bullying is any unwanted, aggressive behavior among school-aged children, which includes a power imbalance – such as popularity or physical strength – and repetition or threats of repetition. [1] Bullying can be verbal, for example teasing or name calling; social, such as spreading rumors about someone, excluding someone from social activities, or influencing others not to be friends with someone; or, physical, including hitting, kicking, tripping, pinching, spitting, breaking someone’s possessions, or making rude gestures at someone.

What happens if bullying prevents a child from receiving a FAPE?

If bullying is preventing a child with a disability from receiving a FAPE, then legal action can be taken to obtain additional benefits, services, opportunities, and even reimbursement for services and attorney fees from the school district.

What are the rights of children with disabilities?

If your child has a disability that entitles them to receive special education (if they have an Individualized Education Program “IEP ”), then their rights are protected under the Individuals with Disabilities Education Act (IDEA). The IDEA is a federal law that requires children with disabilities receive a free appropriate public education (FAPE). If bullying is preventing a child with a disability from receiving a FAPE, then legal action can be taken to obtain additional benefits, services, opportunities, and even reimbursement for services and attorney fees from the school district.

Where does bullying happen?

Bullying can, and often does, happen outside of school hours, such as on the playground or the school bus. One particularly worrying place bullying occurs is on the Internet. The Centers for Disease Control and Prevention reported in a 2017 study that 14.9% of high school students stated they were electronically bullied. [2] Cyberbullying is harder to detect than other kinds of bullying because parents and educators may not see or overhear when cyberbullying takes place. It is also difficult for victims of cyberbullying because bullies have 24-hour access through digital devices and they can continuously harass their victims, often in permanent and public forums online.

What is bullying in Pennsylvania?

Under the Pennsylvania anti-bullying law, bullying is described as any intentional electronic, written, verbal, or physical act or acts that interfere with a student’s education, create a threatening environment, or disrupt orderly operation of the school. [3] . The act or acts must be directed at a student or group of students and must be severe, ...

Is bullying based on race illegal?

Harassment based on race, gender, or disability is illegal under federal law. If a school fails to adequately address such harassment, they could be violating one or more federal civil rights laws.

How does online bullying affect children?

Online bullying can have lasting impacts on a child’s life. If your child has suffered injuries due to another party’s negligence in stopping the behavior, Mullen Law Firm can help you seek justice and compensation.

What happens when bullying escalates to this point?

When bullying escalates to this point and either the school, the bully’s parents, or another party behaves negligently in stopping or preventing the behavior, the victim and their family may be able to pursue a personal injury claim and receive compensation for medical bills, pain and suffering, and other damages.

What are the consequences of bullying?

What many fail to realize, however, is how significant the consequences of bullying can be. Kids who are regularly targeted by bullies often suffer both socially and emotionally, leading to depression, anxiety, poor self-esteem, substance abuse, academic struggles, and even thoughts of suicide.

Who is Amy Carst?

Amy Carst is a writer, human rights activist, and speaker. She writes for multiple law firms and human rights organizations and studied law until she realized she’d rather write for attorneys than practice law. Amy lives in Vermont with her husband and three children.

Is bullying a fault of any child?

While bullying can happen to any child, and it is not the fault of any child for being a target of his or her peers, certain children are more likely to be bullied than others. According to StopBullying.gov, "some groups—such as lesbian, gay, bisexual, transgender or questioning (LGBTQ) youth, youth with disabilities, and socially isolated youth—may be at an increased risk of being bullied," as are children perceived to be different, unable to defend themselves, or who are new to school. The following conditions may also put a child at increased risk of bullying:

How to deal with bullying in school?

If your child is being bullied or harassed at school, the first step that should be taken is to make the principal at the school aware of the situation, and to seek an in-person meeting to discuss the situation. Often, this can be done by sending an email message to the principal (and possibly also to other school administrators).

Why is it important to notify administrators of bullying?

In any case of bullying or harassment, it is critical to notify administrators of the events taking place so that the administrators can do their job to investigate the bullying and harassment instances, and to take whatever action may be appropriate.

Where does bullying take place?

Today, school bullying and harassment can take place in two primary places – at schools, and online.

Is bullying a problem in high school?

Bullying and harassment of elementary, middle school, and high school students can be an emotional and even dangerous problem for children and parents. Our firm is committed to helping parents end bullying at schools, and to holding school administrators accountable when they fail to stop bullying.

What are the laws against bullying in schools?

State antibullying laws generally require schools to take specific steps in response to bullying, including disciplinary proceedings for the bullies that could lead to suspension or even expulsion from school.

What is the website for parents to find out if their child is being bullied?

The federal government’s stopbullying.gov website provides lots of tips and resources for parents, including how to recognize the warning signs that your child is being bullied, how to find out what has actually happened, what to do about it, and where to go for help. StompOutBullying.org provides an online kit for parents, as well as tips and help for bullied kids.

How does cyberbullying happen?

These days, more and more bullying happens through texting or on social networking sites like Twitter or Instagram. Because kids spend so much of their social lives online—and because tweets or other postings can spread so far and so quickly—it can be especially devastating when they become victims of cyberbullying. Like in-person bullying, cyberbullying can take many forms, including spreading nasty rumors, creating fake profiles, or tweeting mean or sexual comments about another student, or posting embarrassing photos or videos of a fellow student. When those images are sexually explicit, the cyberbullies could face serious legal consequences (see below).

Why do bullies have more power than their victims?

Typically, bullies have more power than their victims, because they're bigger, older, or even more popular . Bullying can take many forms, including: cyberbullying or sexual harassment (more on those below) teasing or name-calling.

What to do if your child is being bullied?

Call the police right away if your child has been physically assaulted in any way. The police might also get involved if the bullying qualifies as criminal harassment or cyberbullying. They’ll investigate, and the bully might end up in juvenile court.

How does bullying affect kids?

First of all, it’s important to recognize that bullying can have serious, long-term effects on your child, from skipping school and dropping grades to anxiety and depression. To avoid risking these consequences, experts recommend that you don’t ignore the problem or hope that the children will work it out among themselves.

What are the policies that schools must have to prevent bullying?

Most states require schools to have antibullying policies that include procedures for reporting and investigating bullying, as well as measure to stop it and protect the victim. If the same bully has been targeting other students as well as your child, encourage their parents to speak up to school officials.

Who is responsible for disciplinary decisions for violent student-to-student encounters?

While school districts and administrators maintain control over disciplinary decisions for violent student-to-student encounters, they will be required to report these incidents to ISBE.

How to deal with bullying in school?

Begin by approaching school staff members through the chain of command, starting with your child’s teacher, before moving on to the school counselor, principal, and superintendent . Familiarize yourself with the school’s bullying prevention policy, relating it to your child’s negative experiences.

Why is it important to amend the Illinois school data reporting laws?

This important legal amendment to Illinois’ school data reporting laws will help parents understand the rate of violent incidents at their children’s current or future schools. The data may also indicate how seriously a school district regards violent incidents, and could even pressure low-performing schools to address student violence more directly.

How to address bullying?

If you need to address a violent bullying situation, start by documenting the incidents your child experienced, including dates and details. Take photos of any injuries your child endured or property that was damaged.

What is bullying in Illinois?

Illinois law defines bullying as “any severe or pervasive physical or verbal act or conduct, including communications made in writing or electronically, directed toward a student or students.”

What is a restraining order for bullying?

An order of protection also referred to as a restraining order, is a legal directive that bars contact between two parties.

Can bullying be resolved through conversation?

Despite the best efforts of many well-meaning parents, not every bull ying situation can be resolved through conversation. Sometimes in order to stop the abuse and relieve their child of mental or physical torment, a parent must take legal action.

How did Ross violate the Rules of Professional Conduct?

Midanik also claimed that Ross violated the Rules of Professional Conduct by knowingly pleading a falsehood in the statement of defence and counterclaim. Before the motion was heard the plaintiff abandoned the motion. Ross’ client received a higher cost award because the plaintiff abandoned the motion.

What is the rule of the court that counsel should not attribute bad motives or improper conduct to opposing counsel?

Paragraph 27 provides that “Counsel should not attribute bad motives or improper conduct to opposing Counsel, except when relevant to the issues of the case and well-founded.”. Rule 28 advises that “Counsel should avoid disparaging personal remarks or acrimony toward opposing Counsel.”.

What is the rationale for the cost consequences cited above for making unfounded allegations of impropriety against counsel?

6 In deciding to award substantial indemnity costs, Master Hawkins focused on the harm that was done to the professional’s reputation when allegations of wrongdoing become part of the public record. 7 Justice Dambrot further explains in the Mele decision that even if the allegations are not actually advanced at trial, as long as they remain part of the public record, the harm continues . 8

Can a court order a lawyer against a client?

A note of caution though – just because a lawyer contravenes the Rules of Professional Conduct, a court will not automatically grant a cost order against that lawyer’s client or grant costs on a higher scale. In fact, there are many instances where the court chooses not to weigh in on the misconduct and instead says that it is an issue for the Law Society.

Can lawyers be held accountable for bullying?

So will abusive lawyers who try to bully other lawyers always be held accountable by the court? No. As stated above, there are cases where the court felt the appropriate forum to deal with this was a complaint to the Law Society. 14 Nonetheless, much like Jujitsu defeats an opponent’s attack by using their momentum against them, the take away from these cases is that sometimes the best way to handle a bully is to focus the court on their poor and unjustified behaviour and then use it to benefit your client on the merits and when dealing with costs.

Does the defendant lie in the mouth to complain about costs?

With respect to assessing the quantum of a costs award against a party who has made unfounded allegations that impugn the professional integrity of an adverse party, Justice Stinson stated that, “it does not lie in the defendants’ mouth to complain about the costs…” where they chose to attack. The attacking party should expect, and it is reasonable for the attacked party to vigorously defend its reputation. 10