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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26688
Experience:  Began practicing law in 1992
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Hi! My son is bullied in his school because of his nationality

Customer Question

Hi! My son is bullied in his school because of his nationality (he is Russian). he is 11 yo and he is in 6 grade. One boy repeatedly call my son Russian idiot and do other nasty things. Boy`s father is in the school board of trustees, he has money and influence. Teachers are ineffective, they only talk to this boy about kindness. It obviously doesn`t work. What is our options?
Submitted: 10 months ago.
Category: Legal
Expert:  Dwayne B. replied 10 months ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

There isn't a lot you can do other than go through the process with the school system. The first is to file a complaint with the teacher, then with the principal, then with the school board superintendent and then with the school board itself.

Customer:

Hi! we talked to the teachers, to the principle

JD 1992 :

Then the next step is the superintendent of the school district.

Customer:

it is a private school, do they have superintendent?

Customer:

or who is in charge with private schools after a principle?

JD 1992 :

If it is a private school they may be called something different, you just have to follow the chain of command.

Customer:

how can I figure out who is next?

Customer:

Is there are any law they have to follow?

JD 1992 :

Ask the school for the chain of command there.

JD 1992 :

Ask who is next in any appeal process.

JD 1992 :

eventually you will end up at the Board of Trustees.

Customer:

do they have any law against it? The head of the board of trustees is a boy`s father

Customer:

not much reason to appeal to the board of trustees in this case.

JD 1992 :

Ohio has an anti bullying policy.

JD 1992 :

Let me see if I can find a link to it for you.

Customer:

this is a discrimination isn`t it?

Customer:

ok thanks

JD 1992 :

It is harassment, not necessarily discrimination.

JD 1992 :

Here is the law http://codes.ohio.gov/orc/3313.666

Customer:

whathever. they have to do something besides talking to him about kindness

Customer:

because he doesnt care much about kindness and their speaches

JD 1992 :

However, being that this is a private school there are other issues that are going to have to be researched.

JD 1992 :

What you probably want to do is hire a local lawyer and just turn it over to them.

JD 1992 :

You really can't file a lawsuit to make them do anything in particular.

Customer:

so the law you send me, does it says something about out case?

JD 1992 :

It addresses what harassment is, schools have to have a policy against it, etc.

JD 1992 :

Nothing specific that they have to do, just that they have to address it.

Customer:

what policy? talking about kindness? shouldn`t they use detention, or anything else to discipline a boy? Arent they responsible for the results?

Customer:

shouldn`t they stop it?

JD 1992 :

No, the state doesn't prescribe what they must do to discipline. They aren't responsible for anything that specific.

Customer:

and what if their intervention is ineffective?

JD 1992 :

They have to have a policy that addresses it and at some point a failure to do so would cross over into a civil rights issue but there is no bright line that is crossed.

JD 1992 :

No matter what their policy is it is never a guarantee it will stop the harassment.

Customer:

how what we know that the line is crossed?

Customer:

they are not doing their job

Customer:

what can we do to puch them to do their job?

JD 1992 :

Your only alternative, once you have gone through all of the chain of command, is to file a lawsuit.

JD 1992 :

You will have to hire a lawyer and let them take over.

Customer:

i see. it is expensive isn`t it?

JD 1992 :

Yes, it won't be cheap.

JD 1992 :

However, you can sue for the amount of your attorney's fees as well.

JD 1992 :

You will have to pay them up front and then sue to get them back.

Customer:

it `s crazy. do they have any federal policy or not?

JD 1992 :

No, nothing any more specific than the one Ohio has.

Customer:

ok do you have a link to a federal policy about this harassment?

JD 1992 :

There isn't one specific federal statute and no specific policy. It is based on civil rights violations which are located in a lot of different laws.

Customer:

ok so it is civil rights violation, isn`t it/

JD 1992 :

Yes, it is a civil rights issue.

Customer:

if there is no specific law what layer can do?

JD 1992 :

You have to base the lawsuit on the general principles contained in the laws. Most lawsuits aren't based on a specific statute.

Customer:

ok... nothing really new or helpful...

JD 1992 :

The laws are as I described them, I think you are under the impression that the law is more specific than it really is. I gave you a link to the specific law that your state has enacted.

Customer:

maybe not law but should be some procedure... in schools they a paper for everything now...it couldn`t they have nothing to address this issue

JD 1992 :

The law that I gave you addresses that, it states they have to have one it just doesn't give them the exact language they have to use. Many people are under the impression that the law gives specific for every situation but it really doesn't.

JD 1992 :

If you look at that link it does state they subjects that have to be addressed.

Customer:

we dont want to hire a lawyer. who is a higher chief than a principle in private school?

JD 1992 :

It is usually the Superintendent of the schools but in a private school they can call them something else. It may be the President of the Board of Trustees

Customer:

yes what is it something else? i know it is something esle

JD 1992 :

I have no way of knowing that. I have seen them called Superintendents, Supervisors, Presidents, Chairmen, and other names.

Customer:

how can i figure out, except asking the school?

JD 1992 :

It may be on the paperwork they gave you or in the student handbook. You can also check their website.

Customer:

I am sorry i dont think i get useful advice i was looking for.

Customer:

i knew almost all infro you told me

JD 1992 :

I provided answers to all of your questions, spent almost an hour online with you, provided links to the appropriate laws. it is certainly up to you whether you choose to accept or not, but you certainly got more than your monies worth.

Customer:

and i dont know what to do

JD 1992 :

The issue is that the law is not what you believe it is or should be.

JD 1992 :

That's not something I can help and I can't help you find a solution that does not exit.

Customer:

should be a solution

JD 1992 :

I have successfully sued a number of school districts and had a number of trials on similar issues.

Customer:

are you in Oh?

JD 1992 :

There is. File a lawsuit.

JD 1992 :

No.

Customer:

i see. do you know any good lawer in central ohio or just go to anybody?

JD 1992 :

You would want to hire a lawyer that does civil litigation.

JD 1992 :

That is a specific area of practice.

Customer:

i am sorry i am so stressed out. it is just crazy whats goiung on in this school

JD 1992 :

You can also look for one that does School Law.

Customer:

specific area should be school law?

Customer:

ok trhank you

JD 1992 :

Either School Law or Civil Litigation. You can look for a lawyer in those areas at www.lawyers.com.

Customer:

thank you. last question - how much can we expect to spend on this?

Customer:

i have tgo calm myself down i feel so helpless

JD 1992 :

That can vary a lot. If it took a full trial it would be no less than $5000 but could be more. The last one I did was $15000 by the time the trial was over.

JD 1992 :

However, the judge awarded them all of their attorney's fees back.

Customer:

ok thanks for explainig all this to me. this is a last resort i want to avoid it of course

Customer:

thank you for your help and have a good evening

JD 1992 :

A bit of good news, a lawyer may be able to write a letter and get them to cooperate without actually having to file a lawsuit.

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26688
Experience: Began practicing law in 1992
Dwayne B. and 4 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 10 months ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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