This is a complete presentation on bullying including the laws pertaining to it. The presentation is replete with imagery throughout to facilitate learning.
There is also a 20 point multiple choice Quiz with answer key plus a complete set of Flashcards for reviewing the presentation. The Flashcards could also be used for testing purposes and/or to facilitate classroom discussion.
The author is a retired lawyer, instructor and textbook writer.
Excerpts from BULLYING:
1) So far is has not been easy winning these bullying cases in state courts, especially those brought against the schools. Many of these cases are filed as racial or sexual harassment cases in federal court, alleging Title VI or Title IX violations. Oftentimes the plaintiff is trying to get damages from the school and these laws were built to do that.
There is a different standard of liability, for one. If plaintiffs show the school acted with deliberate indifference in the face of a student’s being severely harassed on a federal civil rights basis, those plaintiffs have a good case and might well recover a very good monetary verdict or settlement.
One successful example of such a case was brought by the New York Civil Liberties Union in 2009 against Mohawk Central School District in upstate New York. A 15-year-old former student reached a settlement of that federal civil rights lawsuit. The school district was alleged to be deliberately indifferent to harassment of a student based on sexual orientation and failed to take steps to protect the student from harassment. The school district was worried enough about the pattern of harassment plaintiff was set to prove both on gender non-conformity and sexual orientation. This case went beyond name-calling and into physical violence and threats.
2) Bullying is more of a contributing factor to suicide than it is a direct cause. Bullies tend to target the fragile. The fragile are more prone to depression. Depression is the usual cause of suicide and there are many factors which could have contributed to the depression. The more isolated or marginalized the victim is, the more likely it is that the victim will more easily slip into depression and then into suicide.
3) But a big problem with lawsuits as solutions to the bullying problem is that they take too long. The case is often brought when the child is 10-13 and going through the bullying but doesn’t go to trial until the child is 15-18. There is such physical and other change during that period that the victim is barely recognizable as being the same person.
There is also a 20 point multiple choice Quiz with answer key plus a complete set of Flashcards for reviewing the presentation. The Flashcards could also be used for testing purposes and/or to facilitate classroom discussion.
The author is a retired lawyer, instructor and textbook writer.
Excerpts from BULLYING:
1) So far is has not been easy winning these bullying cases in state courts, especially those brought against the schools. Many of these cases are filed as racial or sexual harassment cases in federal court, alleging Title VI or Title IX violations. Oftentimes the plaintiff is trying to get damages from the school and these laws were built to do that.
There is a different standard of liability, for one. If plaintiffs show the school acted with deliberate indifference in the face of a student’s being severely harassed on a federal civil rights basis, those plaintiffs have a good case and might well recover a very good monetary verdict or settlement.
One successful example of such a case was brought by the New York Civil Liberties Union in 2009 against Mohawk Central School District in upstate New York. A 15-year-old former student reached a settlement of that federal civil rights lawsuit. The school district was alleged to be deliberately indifferent to harassment of a student based on sexual orientation and failed to take steps to protect the student from harassment. The school district was worried enough about the pattern of harassment plaintiff was set to prove both on gender non-conformity and sexual orientation. This case went beyond name-calling and into physical violence and threats.
2) Bullying is more of a contributing factor to suicide than it is a direct cause. Bullies tend to target the fragile. The fragile are more prone to depression. Depression is the usual cause of suicide and there are many factors which could have contributed to the depression. The more isolated or marginalized the victim is, the more likely it is that the victim will more easily slip into depression and then into suicide.
3) But a big problem with lawsuits as solutions to the bullying problem is that they take too long. The case is often brought when the child is 10-13 and going through the bullying but doesn’t go to trial until the child is 15-18. There is such physical and other change during that period that the victim is barely recognizable as being the same person.
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