It’s heartbreaking to suspect that a loved one may be experiencing abuse at school. We trust schools to provide a safe environment for our children, and it can be devastating to think that this trust might be broken.
At Arias Sanguinetti, we understand the gravity of these situations and have successfully secured justice in many of these cases. If you suspect that your child is experiencing abuse at school, contact our team of Las Vegas School Abuse lawyers today to learn more about how we can help.
Understanding School Abuse in Las Vegas
School abuse covers a wide range of mistreatment, from physical harm to neglect and verbal harassment. Any form of mistreatment that compromises a child’s safety and well-being falls under the umbrella of Las Vegas school violence.
School abuse is often the result of systemic failures, including negligent hiring practices, inadequate training, and gaps in the network of mandated reporters. In Nevada, nearly all professionals who interact with children are mandated to report suspected abuse. When these obligations are ignored, identifying abuse can be extremely difficult. The voices of loved ones can prove to be critical to ensuring that these failures are addressed. We want you to know how to identify if your child is being physically abused at school.
Signs Your Child Is Being Physically Abused
Certain behaviors should not be considered normal “growing pains.” There are red flags for physical abuse, neglect, or even more severe mistreatment. If you are a guardian, parent, classmate, or friend, look for these signs of physical abuse:
- Demonstrate increased anxiety.
- Cling to you more than usual and avoid going to school.
- Have unexplained bruising or cuts.
- Socially withdraw.
- Eat less.
These are some of the indicators of physical abuse that Arias Sanguinetti’s team of school harassment lawyers has identified when evaluating cases. If you are in the Las Vegas area, contact us for a free consultation regarding school abuse.
Is Corporal Punishment Illegal?
Physical abuse, especially when it involves corporal punishment, is prohibited in Las Vegas schools and all schools across the nation. Any form of physical harm inflicted on a student to control behavior is considered abuse. Corporal punishment is the intentional infliction of physical pain upon or the physical restraint of a student for disciplinary purposes. Corporal punishment may include:
- Hitting with the hand or another part of the body
- Pinching with the hand
- Striking with an object
Such actions are considered physical abuse and unacceptable in any educational setting. Protecting children from corporal punishment is particularly important when it comes to risk and prevention of disabled children abuse. Our team of Las Vegas school abuse attorneys has seen especially troubling instances of corporal punishment used against students with disabilities. This outdated and harmful practice can lead to long-lasting physical and emotional damage.
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What Care Are Schools Legally Required to Provide?
Neglect is outlined as a school’s failure to meet a child’s basic needs. Failure to provide adequate supervision, food, or medical care qualifies as neglect in Las Vegas. This is especially troubling when it comes to teachers’ mistreatment of students with disabilities or maltreatment of disabled children in school, as they often require more attention and care. Schools in Las Vegas are legally obligated to ensure that these needs are met.
Many parents we’ve worked with initially raised concerns about their children’s physical well-being, such as unexplained bruises or soiled diapers, with the school. When these concerns are dismissed, it can constitute neglect. Schools are responsible for intervening and providing necessary care; failure to do so may make them liable for any resulting harm.
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Is Failing to Accommodate Students with Disabilities Illegal?
Under federal law, specifically the Individuals with Disabilities Education Act (IDEA), schools are required to provide students with disabilities appropriate accommodations to ensure they have equal access to education. When a school fails to implement these accommodations, it can constitute abuse.
All public schools are required to provide each student with disabilities with an Individualized Education Plan (IEP). The IEP is a detailed outline designed to support students with disabilities in accessing a free and appropriate public education (FAPE). It specifies the educational needs of the student and provides a customized strategy for addressing those needs. Denying a child their IEP can lead to harmful educational and emotional consequences. Schools that ignore these legal obligations can be held liable for the resulting harm.
When Is Restraint Considered Abuse?
Restraint should only be used in schools as a last resort when a student poses an immediate safety threat to themselves or others. Unjustified or excessive restraint is considered abuse in Las Vegas schools. This could involve restraining a child with excessive force, using restraint as punishment, or restraining students for minor misbehaviors that don’t pose a threat.
If a child is physically harmed or emotionally traumatized during a restraint, it’s likely that the school has violated legal guidelines. Unfortunately, some teachers are poorly trained in appropriate restraint techniques, which can result in unnecessary harm. Las Vegas schools are legally bound to follow strict protocols regarding restraint, especially when working with students with disabilities.
For instance, a student makes a minor outburst. Despite there being no imminent risk of harm, their teacher restrains them in a way that causes them to struggle physically and ultimately results in bruises and scratches on their body. There now may be a case for legal action because not only has the teacher acted without any immediate safety concern, but also they have caused the student physical trauma and emotional trauma that can lead to increased anxiety and fear of school. The school district can be held responsible for failing to properly train its staff and for permitting the use of excessive force.
Why Sexual Abuse Is Considered Complex Trauma
Sexual abuse in schools is an unthinkable but tragic reality. Any unwanted sexual contact between a student and a teacher, staff member, or even another student is considered sexual abuse in Las Vegas. This includes physical actions like groping or assault, as well as inappropriate comments or sexual propositions.
Sexual abuse can have lifelong psychological, emotional, and physical effects on a child. It’s a violation of their rights and trust. With the increasing use of digital communication, sexual abuse can also occur online through inappropriate messages, images, or videos. If you suspect your child has experienced sexual abuse at school, it’s critical to seek legal counsel immediately.
For example, a student tells their friend that their teacher has been making inappropriate sexual advances towards them over the course of several months. Specifically, the student says the teacher started by frequently touching their arm and back under the guise of “helping” them, then the actions escalated to suggestive comments and attempts to isolate them in private spaces. The student, terrified and confused, began to avoid school, showing signs of depression and anxiety. The friend advises the student to tell their parents and take legal action. There may be a legal case here for not only a sexual abuse case against the teacher, but also requiring that the school change how staff are trained to handle student interactions.
Lasting Effects of Verbal Harassment
Verbal harassment from school staff can cause significant emotional and psychological harm. Insults, threats, or intimidation from a teacher or administrator are considered abuse and can deeply affect a child’s self-esteem and mental health. Verbal harassment can have lasting psychological consequences, affecting not only a child’s emotional well-being but also their academic performance and relationships with others.
For example, if a teacher frequently belittles a student in front of classmates or mocks their academic struggles that can cause the student to become withdrawn. Schools are legally required to provide a safe environment, and harassment by staff is a direct violation of those obligations according to Las Vegas laws.
We hold Schools Accountable
One of our most ground-breaking settlements to-date was a school abuse case in Las Vegas. Arias Sanguinetti secured a $9.95 million settlement for J.W., a young, non-verbal autistic child who was subjected to shocking abuse at a Clark County school. This was the largest settlement Clark County School District (CCSD) ever agreed to for a case involving abuse of a single disabled child. His story underscores the dire consequences of abuse and the legal actions available to hold schools accountable.
If you believe a student is experiencing any form of abuse, whether physical, emotional, or sexual, help them seek justice. No child should endure abuse in an educational setting, and schools must be held accountable for their failures to protect students.
By pursuing legal action, you can help ensure that the student receives the justice they deserve, and that school districts are held responsible for their negligence. Contact our team of Las Vegas school abuse lawyers to learn how we can help.
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