Student bullying is a problem. Teachers and administrators have a duty to help minimize the problem. Failure to take steps to combat bullying can result in some bad consequences. By now ever one has heard of Columbine High School where the picked on students took matters in their own hands with a horrible result. Perhaps a less well publicized consequence of failing to take action is financial responsibility. For example, a federal jury has ordered a Michigan school district to pay $800,000 to a student who was allegedly bullied. Dane Patterson, a pupil, filed a lawsuit claiming that district officials did nothing to stop years of bullying by other students. Patterson claimed he was subjected to constant harassment, some sexual in nature. The harassment allegedly occurred over an eight year period while a student in the Hudson Area Schools.
The Detroit Free Press correctly noted that the verdict is a clear message that the school district will be held accountable for student behavior that results from a failure to make reasonable efforts to halt systemic bullying. For more information, read: Detroit Free Press
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Update 3-12-10: Speaking of school related causes of action, a class action suit which alleges that college athletes should be compensated for the NCAA using their images to market products (including video games) is picking up steam. 11 ex-players have joined the lawsuit. A lawyer for former UCLA basketball star Ed O’Bannon believes that the additional plaintiffs are "going to be a vivid illustration of the support among former student-athletes for no longer tolerating abuse by the N.C.A.A." (The lawsuit claims the NCAA violates federal antitrust laws by not compensating former athletes for the use of their images) While armatures can't receive compensation, former athletes do not have such a prohibition. For more information read: The New York Times
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In a separate legal matter, child advocacy groups in Mississippi have filed suit against the state, for failing to provide to children community-based mental health services. The lack of such programs increase the likelihood that these children will become institutionalized. Plaintiffs claim that the dependency on institutions is forcing mentally ill children to leave their families and enter institutions. For more information read: The Jackson Clarion-Ledger
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Finally, A high school student in Indiana claims his school's practice of allowing students to vote on whether to have a student-led prayer at graduation violates a U.S. Supreme Court ruling. The lawsuit alleges that voting establishes a forum in the school for religious debate. A 2000 Supreme Court ruling barred students from reading a pray over the PA system at a Texas football game. For an interesting read: Indianapolis Star
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Update 3-30-10: A fifteen year old girl killed herself. Now nine high school students in western Massachusetts are potentially facing criminal charges for allegedly bullying their classmate so relentlessly that she committed suicide. There is a question as to what teachers and school officials knew prior to the suicide. Teens indicted in alleged bullying death
Should someones daughter have to die before adults take action? Is it not time to teach children and adults that there are repercussion for their actions and for failure to take remedial action?
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Should someones daughter have to die before adults take action? Is it not time to teach children and adults that there are repercussion for their actions and for failure to take remedial action?
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Update 5-28-10: Hazing and bullying is not unique to poverty stricken areas. Indiana has its fair share of the same issues that seem to plague this great nation. The family of a former Carmel High School freshman may have a valid lawsuit against Carmel Clay Schools. (A rich suburban city north of Indianpolis.) The potential litigation arises out of an alleged hazing incident on a team bus coming back from a basketball game in January of this year. A notice of torts claim has been filed prior to suit seeking 2.25 million dollars in damages. Allegedly, during a bus ride, three or four members of the varsity basketball team physically assaulted a freshman player. It is unclear whether any video tape surveillance of the alleged incident is available. (Four eighteen year-olds have been indicted by a grand jury.)
The district has already been sued over an unrelated incident where a bus driver allegedly allowed a female student to be bullied. Specifically, Edward and Sherri Zimmer sued the school district in August 2009 because a middle-school bus driver allegedly bullied their daughter in 2008. The Zimmers seek compensation for infliction of emotional distress. (They contend that the bus driver's alleged conduct harmed and endangered their daughter when another student was allowed to bully her.) The suit seeks compensatory damages along with a request for attorneys fees. The school district denies liability and video footage on the bus may support their defense. Trial is scheduled for 2011. LINK.
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Update 8-24-10: An Ohio teens death has resulted in a law suit for alleged bullying. Dragan and Celija Vidovic believe the school district failed to recognize and stop the bullying which caused their 16-year-old daughter Sladjana to hang herself. LINK.
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Update 2-21-11: Unjustly accusing someone of being a bully is also actionable. A former Virginia high school student has won a libel action against a Northfolk Newspaper. Specifically, the student was awarded a verdict against the Virginia Pilot which allegedly falsely accused him of bullying a fellow student. The newspaper is contesting the decision and will likely attempt to set aside the verdict.
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Update 2-21-11: Unjustly accusing someone of being a bully is also actionable. A former Virginia high school student has won a libel action against a Northfolk Newspaper. Specifically, the student was awarded a verdict against the Virginia Pilot which allegedly falsely accused him of bullying a fellow student. The newspaper is contesting the decision and will likely attempt to set aside the verdict.
Update 2-28-12: Bad news in Ohio. Bullying thought to play a role in the shooting by T.J. Lane. LINK.
If teachers would do more teaching and less screwing around with students and staff, there would be less incidents of bullying.
ReplyDeleteAbout time something is done about it. I was picked on big time in junior high. It made life not worth going to school...
ReplyDeleteYeah, but is financially punishing a school district fair?
ReplyDeleteIt is all about money!
ReplyDeleteDollar Bill
I wonder if one of the voir dire questions was,"Were you ever bullied in school?" Just curious....that's quite a settlement.
ReplyDeleteUpdate 3-12-10: Speaking of school related causes of action, a class action suit which alleges that college athletes should be compensated for the NCAA using their images to market products (including video games) is picking up steam. 11 ex-players have joined the lawsuit. A lawyer for former UCLA basketball star Ed O’Bannon believes that the additional plaintiffs are "going to be a vivid illustration of the support among former student-athletes for no longer tolerating abuse by the N.C.A.A." (The lawsuit claims the NCAA violates federal antitrust laws by not compensating former athletes for the use of their images) While armatures can't receive compensation, former athletes do not have such a prohibition. For more information read: The New York Times
ReplyDeleteIn a separate legal matter, child advocacy groups in Mississippi have filed suit against the state, for failing to provide to children community-based mental health services. The lack of such programs increase the likelihood that these children will become institutionalized. Plaintiffs claim that the dependency on institutions is forcing mentally ill children to leave their families and enter institutions. For more information read: The Jackson Clarion-Ledger
Star college athletes are all ready to full of themselves.
ReplyDeleteUpdate 3-30-10: A fifteen year old girl killed herself. Now nine high school students in western Massachusetts are facing criminal charges for allegedly bullying their classmate so relentlessly that she committed suicide. There is a question as to what teachers and school officials knew prior to the suicide. Teens indicted in alleged bullying death.
ReplyDeleteShould someone's daughter have to die before adults take action? Is it not time to teach children and adults that there are repercussion for their actions and for failure to take remedial action?
Wow! I would say that this is the most extreme form of bullying...rape?
ReplyDeleteThis might seem a silly question but is violating someone's civil rights a felony?
This seems an appropriate way to deal with the offenders....let it be known they will face consequences for this behavior.
I don't know what an appropriate charge for the school officials who turn their head to bullying would be...perhaps civil remedy is the best recourse against the schools.???? Very sad.
That incident in South Hadley Mass is soooo distressing!!! I feel so sorry for that young girl.
ReplyDeleteThose teachers and school officials that were aware of the problem should lose their damn jobs!! That girls parents told them there was a problem.
If it were me, I would have stepped to those a-holes directly and told them to leave my daughter the f**k alone.
I agree with Secrets, teachers need to keep a lookout and stop such incidents before they progress into larger tragedy.
ReplyDeleteYour stories keep getting better! Love this site!
ReplyDeleteUpdate 8-24-10: An Ohio teens death has resulted in a law suit for bullying. Dragan and Celija Vidovic believe the school district failed to recognize and stop the bullying which caused their 16-year-old daughter Sladjana to hang herself.
ReplyDeleteBad news in Ohio. Bullying thought to play a role in the shooting by T.J. Lane. LINK on first page.
ReplyDelete