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awa1nut

Gonna add that not wanting money is one thing, but organisations like schools, public or private, are only ever going to respond to events that cause actual monetary damages to them. Suing the school for failure to protect their students from each other might be a good way to enforce some changes in policy and action to enforce the policy in place of they aren't following it.


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ChaosofaMadHatter

Even if he doesn’t want to sue, it would be a good idea to file a police report.


rhetorical_twix

He can also go after the bullies' parents


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GroundbreakingWing48

I would start with a police report and a restraining order. If the school won’t keep the bullies away, perhaps the police and courts will.


Martha90815

Elevate this. Principal is at the bottom of the chain; Superintendent and School board are at the top. Go to them with legal counsel. The school will NOT TAKE ANY OTHER ACTION if you don’t do this. Involving the police are another option you should exercise. School officials tend to do everything in their power to sweep things under the rug and you don’t have to take that lying down.


killermonkey2

You should definitely talk to an attorney. At the bare minimum I believe you can sue the parents of the kids for any medical costs related to the fracture. Also bringing a lawyer to a meeting with the principal or superintendent would definitely get their attention.


Vlophoto

School administrator here. Document -document, document. . Where was the teacher? Who was supervising the students? Who else saw it happen. What did the school do after the injury? Did they co duct an investigation? How were you notified? Have your son write a statement. Know your medical cost and document it. Make an apt with your school superintendent and take another adult with you. Ask what the school is planning to do to remediate this situation. Take notes. Tell them you expect medical bills to be paid and any other treatment that may follow (physical therapy etc.). Go prepared. Listen to response and document it. Tell them you are most likely seeking legal representation. They may likely not tell you of the other students consequences. Were the police notified (we have police in our building) have you brought up concerns about bullying with your son before? Don’t let the superintendent brush this under the rug. You have a right to speak at a school board meeting and I would CC the board with any communication I have in writing. School boards have a president and that person should be in all correspondence. You are upset and have every right but go in with facts and be straightforward. Again, take another adult with you to the meeting. I’d skip the principal or ask superintendent for principal to be in attendance. This is a superintendent issue


bearsy69

“Don’t let the superintendent brush this under the rug.”


Jumaine23

>I don't want money but I do want the school to actually care enough to do something to stop this from happening again. Can I sue the district? Short of inflicting monetary pain on the school district, I can't imagine any symbolic punishment that will induce the result that you're after. Money is something that your son might one day need. I am not a lawyer, but I would certainly consult with one if I were in your shoes.


Ronald206

Agreed. OP also needs to consider what if his son’s leg doesn’t heal quite right, physical therapy etc etc. Sure his son doesn’t need the money now, but a year from now he might find out that there is more work needed to bring his son’s leg back to 100%


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lsp2005

You need an attorney today. See if there is any footage and demand it in writing .


Dowew

This is actual assault. Contact the police.


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lavnyl

Assault has 3 elements - intent to cause fear or harm, fear or apprehension of harm, and actual or attempted physical contact. Because the contact/trip over broom was done in fear of the harm the elements of assault may be met


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lavnyl

So just to be clear - what exactly would you call it when someone is injured running away from another who intends to bully/beat/stab/murder them before that event occurs?


CoachofSubs

Prove intent


lavnyl

It’s not intent to trip on a broom and break a leg. It’s intent to cause fear or harm. Which is pretty much the definition of bullying


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Smileynameface

I don't know where you live but in New York State they have very strict anti bullying procedures and protocols. Ask who the DASA (dignity for all students act) coordinator is. Has your son made previous complaints to staff members. If so this should be documented. Finally what is your desired outcome? Do you want your son transferred? Do you want monet for medical expenses? You do not have control over the punishment of other students. You do have a say in what happens with your son.


Boring_Newspaper_446

That's where I'm stuck. We can afford to send him to private school, but he has a strong friend group at his home school that is 5 minutes from our house. It feels so unfair to take him away from that bc they can't control the actions of 3 other kids. We live in NY. My son hasn't filed a DASA report prior to this because he is the kind of kid who truly doesn't care if another kid thinks he's weird. We have encouraged him to speak up but he didn't want to make waves over some name calling. One of his friends has been "working" with the school guidance counselor all year about dealing with this group of bullies. Nothing ever gets done.


JazzyCher

The school with only respond to a lawsuit of monetary value. They have no other incentive to actually care. Do something before this escalates. Get any and all security footage from the school, *document everything*, get an attorney, and show them that allowing this behavior to continue without serious consequences will not fly. Protect your child, by all means necessary. A lawsuit is very much warranted here. For worst case scenario, look up what happened a few years back at Landmark Middle School in Moreno Valley, California. Prime example of what happens when schools don't do anything to actually address bullying.


Procrastinista_423

Police report. Now.


DiabloConQueso

Sue them for what, specifically, if not money? What specific action? The school is generally obligated to do something about it, which it appears they have. Whether that's sufficient or not is the question, and isn't *generally* something that involves what level of punishment or action you believe to be sufficient.


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IamnotuniqueamI

Why not try to sue the parents? It was their children that took the action that harmed your child.


neverforthefall

Simply put, you won’t get far. The parents’ homeowners insurance can easily make the case that the children weren’t in the care of the parents at the time and duty of care and responsibility for ensuring behaviour and keeping all of the children safe is on the school during the time period it happened - meaning that if a judge holds them liable in any way at all, it likely won’t be 100% of the costs and OOP would still be out of pocket.


IamnotuniqueamI

You are likely correct. However, trying it in small claims would mitigate the costs, maybe? The point would be to make them think about the behavior of their children.


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Boring_Newspaper_446

I'm so sorry this happened to you. Thank you for your perspective.


Quicksilver914

What state and county do you reside in? I assume the school is in the same county?


Boring_Newspaper_446

NY state. Ontario county. Yes we live in the same county


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LangisElbasunu

I gotta be honest, this seems like bad advice


KINK_KING

Yes. A PI attorney may do this on contingency and fees/costs would be covered by the recovery. Suing potentially judgment proof bullies or parents risk no recovery. Depends on the specific circumstances that OP’s attorney will have to consider, but likely better to include everyone to be safe and can dismiss parties later if needed: school, school district, supervisory staff, bullies, and parents. Plus, the school/district entities would have the deepest insurance pockets.


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RedOneGoFaster

By doing their fucking jobs? I mean our taxes pay for those worthless school admins for a reason.