In High School, ig you were bullied based soely off of your race, sexual orientation, or religion could you use sue the bigots, or even the school distrcit? This is discimination. So is it legally valid to sue?
2007-01-28 06:59:50 · 14 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Please excuse my typos. I type fast.
2007-01-28 07:00:13 · update #1
Yes, a student and their family can sue, but a great majority of the cases are very difficult to prove. It requires an awful lot of documentation, which can often boil down to a 'you' versus 'them' situation. Also, bullying can be rather insidious, making it difficult to prove, as it doesn't always use physicality.
If my child were being bullied (I have no children but I do teach), I would keep VERY accurate notes (including time, place, and words used verbatim as much as possible). I would also involve the guidance office, and attempt peer remediation if the school has it. If suing is the endgame, it is good to have a paper trail of all the avenues utilized. Keep good relationships with all school staff as well. You may need them in court!
Bullying is not only discrimination, it is creating an unsafe and hostile learning climate. Providing safe learning is a responsibility of any school. If this is impacting your life in some way... best wishes, and fight the good fight.
2007-01-29 11:00:07 · answer #1 · answered by Mikisew 6 · 0⤊ 0⤋
you could start with harassment and take it from there. It is up to the schools to stop this kind of behaviour. You could sue both the school and the person or persons involved. If you are still within the statutes of limitation then sure. And if you had to visit a doc for any of these problems it's better for you still.
On the other hand if it wasn't more than just High School garbage you may not want to spend the money. It will get expensive. But it is totally legal. Slander may also fall into this.
2007-01-28 15:15:59 · answer #2 · answered by Me2 5 · 0⤊ 0⤋
yes you can ---
any type of bullying amounts to harassment
which is against the law
What and how ( or even who ) you sue , depends on the level of the offense .
It is an offense, to harass somebody,
for the reasons you describe .
In School the best way to deal with this,
is to have a member of staff ,
recognize the problem and if possible deal with it on the spot .
Sit on your hands , take the insults and say nothing and you will have lost .
A bully will usually back down, if stood up to---
Harassment of a persistent nature , has to be extinguished .
You should not have to put up with this treatment,
from anyone in a civilized country ,these days .
Good luck and be strong
>^,,^<
2007-01-28 15:39:04 · answer #3 · answered by sweet-cookie 6 · 0⤊ 0⤋
Yes, you can sue. There are Court decisions that hold a school is acting "in loca parentis" (in place of parents) and students must be protected. If you are bullied because of race, sexual, gender, ethnic, religious, etc. factors and the school knows and doesn't stop it, they've violated the equal protection clause of the U.S. Constitution. You have a civil rights action against the school district. As for the bullies, you can sue them for assault, harassment and--if they've touched you--battery, intentional infliction of emotional distress and other causes too numerous to list. You can do this without an atty against the school district. File a complaint with the Human Rights Division of your state government and the EEOC with the fed'l government.
2007-01-28 15:11:04 · answer #4 · answered by David M 7 · 0⤊ 0⤋
If this person is physically assaulting, it can be a police matter: ASSAULT AND BATTERY. First thing I'd do is talk to your parents, then make an appointment with the principal and report this bullying. Keep a WRITTEN RECORD of each incident: NAME, DATE, TIME, WHAT WAS SAID/DONE. And TELL that person you're recording it. If the school doesn't want to take action, then your parents should contact a lawyer (oh, and let the school know you ARE seeking legal advice...watch how their tune changes).
2007-01-28 15:09:55 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Not really. Although you are legally valid to sue, your cases have little chances of winning. You can't put a value on your mental well-being, self-worth, emotional stuff like that that may be destroyed, created, or encourgaed from being bullied. Most people these days value their feelings as hundreds of millions of dollars, and every murder caused by a juvenile is being "caused" by playing Grand Theft Auto: III or Vice City or San Andreas. I've seen and heard of such cases before; they usually lose unless you have a good lawyer. And I mean REALLY good.
2007-01-28 15:06:05 · answer #6 · answered by demon_card99 4 · 1⤊ 1⤋
Some students have sued. Here's a link to an ABC news article:
http://abcnews.go.com/US/LegalCenter/story?id=2256089&page=1
Here's also a linkd to the Bully Police organization mentioned in the article:
http://www.bullypolice.org/
2007-01-28 15:13:18 · answer #7 · answered by Latrice T 5 · 0⤊ 0⤋
Let me know...because I had to send my oldest daughter to live with my dad because of a bully problem and the school and district REFUSED to do anything about it. As quoted by the Superintendent of the schools "It is my problem, me and the Principal will have to figure it out"...no help in my opinion. Again let me know and good luck!!!
2007-01-28 15:10:00 · answer #8 · answered by momofatsc 3 · 0⤊ 0⤋
Yes, if there is proof & it has damaged the child in school emotionally or physically.
Plenty of parents have sued theri child's bullies/parents.
Your child shouldnt be afraid to go to school, and a discriminating bully isnt allowed.
2007-01-28 15:04:34 · answer #9 · answered by I Love My Kitties 5 · 1⤊ 0⤋
I would think you could sue the school district if you have documented proof of pain and suffering and nothing was ever done to try and remedy the hurtful actions of the offending kids; like it was noticed but went ignored.
2007-01-28 15:18:45 · answer #10 · answered by Mt ~^^~~^^~ 5 · 0⤊ 1⤋