Legal Question in Civil Rights Law in Washington
assault
My daugter has been assaulted five times at her school. She has came home now with four bruises and a huge lump on her head she has received from a bully. The first time it happend the girl got suspended then came back and retalitated full force. After three complaints she has just gotten slaps on the hands then turned around mintues later and humiliated my daughter and slammed into her again and left bruises on her. Her teacher told her he doesn't want to hear anymore about it otherwise he will give her Lunch detention and recess detention . people won't do anything at all. I am at my wits end and afraid for my daughter and I don't know what to do next. I don't know what the laws are. The police tell me to call the school who are oblivously not taking care of the problem I don't know what to do. Please help. Thank you so much.
2 Answers from Attorneys
Re: assault
In addition to Ms. Mullen's advice, in which I concur, I would write a letter addressed to the School Board, Superintendant of the School District and the Principal at the school, lodging a formal complaint about the school's inaction and threatening to hire an attorney and file a civil suit under 42 U.S.C. 1983 against the school and all personnel who failed to act. An attorney could write the letter for you and put it on letterhead which is often very effective in encouraging the other party to act.
Re: assault
Your child's safety (and her trust in you) are the most important thing. Do what you have to do, even if it means escorting her to school so she feels safe EVERY day. Look the bully in the eye EVERY day and let her know that your child is protected. Don't require your child to turn the other cheek, if she's getting smacked around. Theory is lovely, but your child is getting scarred every time she has to take it and feels defenseless.
The school should be taking care of this, because they are required by law to take reasonable steps to ensure the safety of all children while under their care.
File a police report (don't let them dissaude you, take pictures of the injuries and swear out a full statement); follow up with a personal protection order, if you can.
Write the bully's parents a letter explaining that you will hold them personally responsible for any further harm to your child by all legal means. Detail exactly what has been going on and send it certified mail. Send a copy to the school, with the same demand: they know what is going on, and they better do something about it. If they don't, eventually, you'll be forced to take your child out of school, send her to another and sue for a clear violation of her civil rights. Put your child in counseling in the meantime, so that she can begin to work things through and explore ways of protecting herself.