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(NOT THE PEOPLES REAL NAMES)

Ok so my dad is a laywer, and he deals with hundreds of work harrasment cases every year. He has seen many men/women get fired or even face jail time for work style harrasment.

Well my friend [Jim] is being harrased every day by a kid named [Mike.] Mike is constantly aggitating Jim by pushing him around, spitting on him, calling him stupid, and saying things like that he has dandruff which is probably the meanest thing he does... b/c Jim doesn't even have dandruff and students think its some disease like leprsey (so all in all large physical, and emotional pain) ,but the teacher/counselor won't do anything about this!!!

Why is this and how can we stop it?

2007-01-07 04:15:17 · 6 answers · asked by somedude135 1 in Politics & Government Law & Ethics

6 answers

Kid's do count. Kids are one of the most important thing in this world. First you need to get Jim's parents involved the teachers and counselors are not going to react if there is not parent involvement.

If the harassment does not stop your father as an attorney should know how to help you an answer your question. But Jim's parents need to talk to these people in this order and just move up the chain until they see action.

1. Teacher and counselor
2. Principle
3. Super Int. of School

If all that fails which I doubt it will because a super int. is not going to like learning that a school he is responsible for is ignoring harassment of a child. Esp. if the parents go in saying we have tried talking to all the proper channels at the school and still nothing. If he doesn't do something then next it would be.

4. Police
5. Lawyer
6. District Attorneys Office.

No one should go to school to be spit on or pushed around. These are actually the worse things being done not the telling of him having dandruff if he has it or not..

Good luck to you and I advise you to really talk to your dad.

2007-01-07 04:31:15 · answer #1 · answered by Issym 5 · 1 0

There are two reasons why this stuff doesn't get the attention that work harassment gets.

1. Bullying in schools has existed for thousands of years, everyone has either done it or experienced it, boys will be boys etc.

2. Those who are under the age of 18 cannot sue.

What Mike has been doing are intentional torts to which he and his parents could be found liable. Jim cannot bring an action against Mike in civil court, but his parents can. They could sue Mike for battery, assault, and intentional infliction of emotional distress on behalf of their son.

If Jim is 16, he will be within the statute of limitations to sue Mike and Mike's parents as soon as Jim turns 18.

However, what Mike has been doing could be considered criminal as well. It is against the law to spit or punch someone. If you do this as an adult, you could go to jail.

Jim has attempted to go to the teacher and counselor and nothing has happened. The next step would be to write a letter to the teacher, counselor and principal and give a copy to each. The principal is the boss of the teacher. He should describe the bullying in the letter and ask politely for some sort of remedy. At jim's option, he could contact the police as well.

If the principal does nothing, Jim may contact the school board. Jim could ask the principal when the next board meeting is and then go to it with a letter describing everything that has happened and the inactions of the principal.

If the police do nothing, Jim could go to the local courthouse and talk to the judge. One may need to be over 18 to file a private criminal complaint, but the judge may order the police to investigate.

Most people will do what they can to involve the least amount of work for themselves. A teacher may do nothing because that involves the least amount of their own work. As soon as the teacher has to start writing letters about the situation, he may change his mind and get rid of the "problem"

What you can do for you friend is write a letter describing the events as a witness. Your friend can do more if his parents get involved.

2007-01-07 12:45:44 · answer #2 · answered by Discipulo legis, quis cogitat? 6 · 0 0

Jim is being harassed by a bully who sees an easy target. If school officials will not do their job of providing a safe environment to learn in advise Jim to tell his folks and file a police complaint. Maybe the school will be contacted by the police and then forced to do what they should already be doing.
Old school would be to kick Mike's ace or at least try to put up a fight every time Mike starts his nonsense. Mike will then have to decide that since Jim is no longer the passive target, is it worth his while to get spit on in return and potentially get bruised and bloody and maybe get his clothes torn up a bit or just let Jim alone and move on to an easier target?
When you are in the jungle it is never a good idea to look like food. Jim should do what he can to take himself off the menu.

2007-01-07 12:36:09 · answer #3 · answered by Anonymous · 0 0

Political fallout. Mike is a bully. Today, the issue of bullys are a political minefield. The other students aren't any help either. By their ignoring Jim's plight they invite more MIkes to act.

Frankly, Mike needs someone under eighteen to kick the $#!t out of him.

Foregoing the previous: send Mike's parent's a letter explaining to them they have raised a monster who will one day probably go to jail for assualt, murder or rape.

2007-01-07 12:30:59 · answer #4 · answered by Jarrett B 1 · 0 0

Its an adult world. Kids don't count. There is no money to be made suing children.

Of course this is a real tragedy that we just treat schools like glorified daycare centres. We just cram them all in there, forget about them and let a handful of underpaid, over-worked, stressed out teachers deal with it all. Its not fair for the teacher nor the students.

Parents need to become more active in their children's lives and need to take more responsibility for their children's actions.

2007-01-07 12:25:27 · answer #5 · answered by megalomaniac 7 · 0 0

get parents involved. here is a case for you read.

http://www.allheadlinenews.com/articles/7005932537

2007-01-07 12:26:37 · answer #6 · answered by kissmy 4 · 0 0

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