Bullying is an epidemic taking over our education system. And continues to be a rising concern with the growth in social media. Now, more than ever, bullies have access to their victims in and outside of the classroom with the use of technology. What is occurring online is affecting what is happening in the classroom, potentially evolving into depression, increased school absence, lack of school engagement, and has even led some to take their own lives.
In the state of Illinois, anti-bullying laws require all schools, both public and non-sectarian private, to provide a safe and stable learning environment for all students. In recent years, many states – including Illinois – have passed laws aimed to crack down on bullying, but enough is still not being done to protect our children. As a parent, you want to do everything in your power to keep your kids safe. Meyers & Flowers is prepared to stand by your side to bring a personal injury lawsuit against those liable. We believe in holding bullies and negligent schools accountable. If you or your child has suffered from acts of bullying, please reach out to our experienced personal injury attorneys to explore your legal options.
As defined in Illinois’ anti-bullying statute, bullying means “any severe or pervasive physical or verbal act or conduct, including communication made in writing or electronically, directed toward a student or students that has or can be reasonably predicted to have the effect of one or more of the following:
In simple terms, bullying is based on the real or perceived power imbalance that allows the bullying to control or harm others over and over again. “Bullying” is not an all-encompassing term for teasing or a conflict involving peers with equal power. Nor is it drama among friends.
This can be incited online or over the phone as well, known as “cyberbullying, which can often happen alongside face-to-face bullying. Cyberbullying means bullying with the use of digital technologies including the of sending, posting, or sharing negative, harmful, false, or mean content about someone else, including but not limited to the following:
All fifty states now have anti-bullying laws that require schools to take appropriate action. Specifically, Illinois school districts have the obligation to protect our children from being physically or verbally abused or otherwise emotionally abused by other classmates or staff members. Illinois anti-bullying laws and regulations require schools to adopt prevention policies and respond to bullying behavior that takes place both within the classroom and after-hours, during extracurricular activities. Illinois school district policies must contain key procedural elements, including:
Anyone can report incidents of bullying behavior to a school. The school is then obligated to take steps to investigate within ten days of the report. Once an inquiry into the mistreatment has been conducted the school must enforce their anti-bullying policies.
School officials, such as principals and counselors, have a responsibility to maintain a safe atmosphere for their students. When cries for help are ignored, parties may be held liable including:
We do not typically think that any third party could be responsible for bullying, but when a child’s school fails to adequately respond to bullying complaints and this led to further harm against the child, the school could be civilly liable.
Meyers & Flowers is currently representing a Chicago family accusing Latin School of Chicago, a prominent private college prep school, of failing to take corrective action against cruel forms of bullying, cyberbullying, hate speech and other harassment at the hands of both Latin teachers and students that caused a 15-year-old student to take his own life. Parents of the deceased 15-year-old say the Latin School ignored their son’s numerous cries for help, then later tried to hide the history of bullying after his death.
If you are worried about your safety or the wellbeing of another, you can seek help by calling a national helpline. Click here to find a local counselor or other mental health services.
An attorney can help you bring a civil lawsuit against a negligent school that will not properly respond to alleged bullying. Our team will fight for you to recover compensation and demand change. If your child is enduring bullying at the hands of fellow students or staff, please contact our experienced personal injury attorneys to explore your legal options today.
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