QUESTION:
Both my girls are getting bullied at school. I have spoken with the school, but to no avail. What are my options?
ANSWER:
There is a special relationship between a school district (or its employees) and students, so as to impose an affirmative duty on the district/employees to take reasonable steps to protect students from reasonably foreseeable risks of harm. [C.A. v. William S. Hart Union High School Dist. (2012) 53 C4th 861, 869–870, 877, 138 CR3d 1, 7–8, 13–14; M.W. v. Panama Buena Vista Union School Dist. (2003) 110 CA4th 508, 517, 1 CR3d 673, 679; Constantinescu v. Conejo Valley Unified School Dist. (1993) 16 CA4th 1466, 1472–1473, 20 CR2d 734, 738;]. In one case, a student sexually assaulted in the school restroom could sue the school district based on an omission to act. [M.W. v. Panama Buena Vista Union School Dist., supra, 110 CA4th at 517–525, 1 CR3d at 679–686 (assault by another student in early morning before class); As between parents and teachers, the special relationship between a student’s parents and teachers may expose the school district to liability to the parent for failure to act to prevent harm to the student. [Phyllis P. v. Super.Ct. (Claremont Unified School Dist.)—special relationship between teachers and parents required school district to inform mother of student’s molestation and subsequent psychological counseling since the mother could recover emotional distress damages. Additionally, parents or guardians are liable for damages caused by their minor child’s (a) “willful misconduct” resulting in injury or death to any student, employee or person performing voluntary services for a school district or private school. A child abuse case may also be which requires a broad range of medical and child care service personnel to file reports of known or suspected child abuse or neglect (including but not limited to sexual assault) with local police and juvenile authorities. It would be best to seek personal assistance from a lawyer to help you decide as to which from the above-mentioned options will be the best remedy.
