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Home / Blog / Schools Face Lawsuits & Liability for Bullying

Schools Face Lawsuits & Liability for Bullying

Apr 06 2010

by Kathy Fong, M.A., Associate Director

“Those kids picked on me again.”  What do parents do when they hear these or similar words from their child?  Beyond the visceral reaction of wanting to protect their child, the angst of many parents drives them to try to find ways to get help.

Many parents turn to the schools to resolve the conflicts or at least implement safeguards to minimize or prevent the bullying.  For the most part, schools want to intervene effectively, but often are reluctant or not sure how to create safe school environments.

However, when the reported incidents of bullying go unheeded and the targeted children and anguished parents see no progress being made by schools to curtail the problems, the growing response is to pursue litigation.
Recently, a court in Michigan ruled that the Hudson Area School District did not do enough to stop a student from bullying another.  The court awarded the bullied student $800,000 in damages.  Essentially, the federal court ruled that schools can be held responsible for what students do, if there is a pattern of harassment, or if they don’t do enough to provide a safe environment. (Click link for news story)
http://www.freep.com/article/20100306/NEWS06/3060306/1318/Bullied-student-awarded-800000

In Lynn, Massachusetts, another set of parents are suing the city for $35 million, claiming it failed to protect him from a school bully who allegedly shoved him down a staircase, leaving him wheelchair-bound. Doug Sheff, one of the family’s attorneys, said,  “Hopefully, schools will see there is not only a moral obligation, but a financial one, to address bullying when it’s brought to their attention.  (Click link for full story)

http://news.bostonherald.com/news/regional/view/2010032035m_lawsuit_lynn_failed_to_protect_bullied_kid/srvc=home&position=also

Also gaining a foothold in court are cyberbullying cases in which children who have been bullied online are bringing litigation against the perpetrators.  In Southern California, the 2nd District Court of Appeals recently ruled that threats, posted on a teen’s Web site, are not protected free speech.
The teen set up his Web site to promote his interests in movies and music. Schoolmates, including some who thought that the boy was gay, left messages that threatened to pound his head in with an ice pick and to rip out his heart and feed it to him. (Click the link for the full story.)
http://sdgln.com/news/2010/03/18/cyber-bullying-case-going-forward-state-appeals-court-decides

And, tragically, in Georgia, the parents of a special needs student who allegedly hung himself because he could no longer tolerate being bullied at school have filed a federal lawsuit against their son’s principal and school district. (For more on this story, click link)
http://www.ajc.com/news/parents-sue-district-principal-385837.html

Unfortunately, lawsuits will not result in any real “winners”.  The pain of the targeted children and their parents can not be fully mitigated by courts finding in their favor.  Any monetary damages awarded will be locked in ongoing appeals that will surface more charges, counter-charges and probably years of painful conflict.

Unfortunately for schools already strapped for resources by extreme budget cuts, the cost of litigation drains their already stressed coffers. How much better spent those lawyers’ and court fees would have been if school administrators had invested in programs such as Community Matters’ Safe School Ambassadors Program.  The Safe School Ambassadors Program wakes up the courage of young people to speak up and intervene on behalf of their peers, resulting in fewer incidents that can lead to tragedies.

 

 

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