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Question

How do I file a complaint against several administrative staff at my daughters high school for bullying and slander

Submitted: 17 days and 20 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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State/Country relating to Question: Washington

Already Tried:
Met with the principal several times. While she acknowleged that if what I alleged was true that would not be appropriate no action was taken to correct the situation. My daughter has been accused of lying, of drinking, humiliated at school by the assistant principal and talked about to other students by one of her coaches. I want to file a complaint against the individuals involved but do not know the process. Washington State does have codes dealing with bullying. There is no evidence that she has done these things because she hasn't. Another girl is saying this to get back at her. What legal recourse do we have?

Posted by T-USA 17 days and 20 hours ago.

Answer

Thank you for your question.

Unfortunately, the relevant Washington bill (the anti-bullying bill you referred to) actually only requires that schools develop a policy and procedure for handling bullying complaints. Regrettably, this means that you'll need to inquire with the school about the school's particular process for processing and addressing bullying complaints.
You can read SHB 1444 at the following link.
http://apps.leg.wa.gov/documents/billdocs/2001-02/Pdf/Bill%20Reports/House/1444-S.HBR.pdf

If another student is making false statements about your child, you may have grounds to file suit against the child and parents for defamation. A successful defamation plaintiff must typically show that:
1. The defendant made a statement of fact to a third party regarding the plaintiff;
2. The statement was not true;
3. The statement harmed the plaintiff.

For a defamation suit, you will want to retain an attorney to represent you. A defamation suit is a full-fledged legal matter for which you should have the representation of a legal professional. Further, if the school has failed to comply with SHB1444 or if the school is failing to protect your child in accordance with that bill, your attorney may be able to assist you in that matter as well.

If you need additional clarification of this response, please ask a follow-up question and I will be happy to clarify.

Good luck,
T

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Edited by T-USA on 11/4/2009 at 8:47 AM

17 days and 13 hours ago.

Reply

The incidents of bullying and intimidation were perpetuated by assistant principal and athletic coach. They initially interrogated and berated at my daughter, detaining her after school without my knowledge and refused to allow her to call me when she became extremely upset by their manner. She was given an athletic extracurricular suspension based on the statement of another student. The decision to do this was made prior to her being escorted into their office. Slanderous statements have been made since by the above mentioned staff and now a student. The coach has ostracized my daughter since this has begun and will not communicate with her in any way. My child has been harmed emotionally and has become very depressed. If she is removed from her squad permanently because of this there will be further harm to her reputation as well. The school district has no protocol for how to conduct investigations of athletic code violations and so when there are only word of mouth allegations they decide who to believe by determining "who has the most reason to lie." I do not want to sue the parents or even sue the school if it can be avoided. I want the the intimidation of students to stop and there to be some controls placed on the staff regarding their interrogation methods. I want the coach to stop discussing my daughter with other students in a negative way. I strongly feel there has been professional misconduct on their part. I don't know of any other instance when it is okay to behave in this manner. Certainly not in the work place. Is there any legal recourse other then defamation of character? If she is removed from the squad based on a false accusation is that considered harm? Also, is there a way I can pursue legal actions if necessary without hiring an attorney? Legal fees are very high here. Thank you so much for your clarification

Accepted Answer

Thank you for your question.

If you are absolutely adamant that you do not wish to pursue a lawsuit, you could potentially attempt to handle this matter by contacting the Washington State Board of Education. You could even potentially try contacting the governor's office and attempting to get the governor's office to put some pressure on the Board of Education. However, it may be prudent to allow your attorney to handle these discussions and review any letters you may send, as such communications may be used against you if a lawsuit should later become necessary. For that reason, it is wise to let your attorney review such communications to ensure that you do not harm the strength of your own potential case.

However, in the end, if the Board of Education doesn't crack down on the way the school is operated, a lawsuit may be necessary. Unfortunately, situations like this are really reason the legal system exists. Therefore, if the Board of Education is not willing to cooperate and voluntarily resolve the issue, your remedy will be a lawsuit. Lawsuits are society's civil way of making others do the right thing.

Aside from defamation, there may be a cause of action to sue the student and the teachers involved for harassment. Alternatively, you may have grounds for a suit revolving around intentional infliction of emotional distress, though such suits can be relatively difficult to win. Your attorney can help you evaluate these potential causes of action, as well as any others that might be applicable, to help you determine on which grounds you might most appropriately file suit given the detailed facts of your particular circumstances.

Removing her from a school team or squad (and the surrounding consequences) could be considered an injury for which damages could be recovered.

While it is possible to pursue legal action without an attorney, it is typically best to retain an attorney to help you navigate the system and develop your claim. The legal system can be complicated, complex, and time consuming. This, along with the excessive training involved, is why lawyers can be so costly at times. The good news is that you may be able to get an attorney to represent your daughter on a contingency basis. This means that you may not have to pay the attorney if the attorney does not recover for you. In other words, the attorney is paid out of winnings. In such circumstances, you may still be liable for court costs. Accordingly, it is prudent to discuss such a possible fee arrangement in detail with your attorney.

Please be sure to click accept so that I will receive credit for my ime and my effort spent responding to you. Bonuses are always greatly appreciated.

If you need additional clarification of this response, please ask a follow-up question and I will be happy to clarify.

Good luck,
T

_____________________________________

Please click the green
Accept Button for each and every answer and leave Positive Feedback so that I receive credit for answering your question. Bonuses are greatly appreciated. I do not receive any payment at all from JustAnswer unless you click accept.

Please remember: Feedback is left for me as an answerer. Please do not shoot the messenger. My control over the content of the answer is limited by the restraint of truth.


_____________________________________


Disclaimer
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/services. Correspondence through JustAnswer may be visible to the public. If you need legal advice/services you should seek, in person, a local attorney as soon as possible. You can find a local attorney at http://www.lawyers.com or http://www.martindale.com.

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Expert: T-USA
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Answered: 11/4/2009

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