Articles Tagged with bullying

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Leesa M. Poag, Attorney, Woodruff Family Law Group

After the death of their eight-year-old son earlier this year, two parents in Ohio have filed a lawsuit against Cincinnati Public Schools. The child hanged himself with a necktie from his bunk bed, an act that his parents claim was a result of bullying he suffered at his elementary school.  The parents claim that the child was repeatedly bullied at his school, as were several of his fellow classmates.

This is, unfortunately, not the first such lawsuit to arise over the issue of school bullying.  As discussions surrounding bullying are becoming more prominent in our society today, so are parents seeking to recover damages as a result. In 1999, the Supreme Court addressed the issue of school liability in bullying cases.  In the case of Davis v. Monroe County Board of Education, the Supreme Court held that damages were recoverable from a school board in bullying cases, but only if the Plaintiff proves that the school was deliberately indifferent to the bullying.  The Court held that a Plaintiff must show that the harassment was so severe and pervasive that it effectively barred the child from access to educational opportunities. This standard creates an extremely high bar for a plaintiff to meet in a bullying case.

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Bullying in the classroom is, unfortunately, a continuing epidemic both nationally, as well as in the Triad. A new case out of Ohio has recently made news on this topic. An eight-year-old boy named Gabriel Taye from Ohio hanged himself from his bunk bed after being continually bullied at his grade school. The parents of the young boy have filed a wrongful death lawsuit against the Cincinnati Public Schools, asserting that the school is liable for the child’s death. The lawsuit states that school officials knew about the bullying but were indifferent to the situation and allowed a dangerous school environment to flourish for Gabriel.

Currently, the case law on school liability in the suicide of a student is somewhat sparse. There are two cases which make up the primary law on the issue: Davis v. Monroe County Board of Education, which deals with sexual harassment in schools, and Stiles v. Grainger County Board of Education, No. 01-91360 (6th Circuit, March 25, 2016), a 6th Circuit case which deals with bullying and sexual harassment. The main thrust of the cases is that schools are liable where the school’s deliberate indifference to the harassing behavior makes students vulnerable to further harassment or causes them to undergo harassment. Ultimately, the Court must determine what the school was aware of, and what, if any, remedial actions the school took after learning of the harassing behavior.

These two cases do not deal with the issue of suicide, as the students in these cases survived the bullying. In some ways, it may be more difficult for the Ohio court to ascertain the school’s liability as the student Gabriel Taye is not present to testify to the bullying behavior he had to endure and what the school and his teachers were aware of.           Continue reading →

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Bullying is not a new or novel occurrence; however, the effects bullying may have come as a surprise to many.  Advancements in technology and the associated effects in society have created many new challenges in combating bullying, especially in schools.  Whereas before, a child who was bullied at school was able to achieve some relief upon the bell ringing and returning home- an escape was possible. Today cyber bullying creates a new outlet for tormentors to attack their victims, often anonymously, anytime day or night in front of a limitless audience. A dangerous problem is evolving into an uncontrollable one. So where do we look for help? A recent trend takes the position that bullying is a legal issue that should be confronted in a court of law, but should it?

Gabriel Taye, a young boy lost in the worst way possible, where bullying is believed to have played a major role. His tragic story raises an interesting question as to what role schools play in policing and monitoring bullying, and whether or not they should be held liable when the unthinkable happens.  Children today are smarter and more resourceful than ever; this is especially true with the introduction to electronics and technology at very young ages.  Bullying can be as obvious as physical abuse and as inconspicuous as verbal harassment via social media or messaging apps.  So how does the Court system come into play in enumerating the responsibility and liability of schools when it comes to bullying?               Continue reading →

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CarolynMy husband Dwight prides himself on liking sappy Christmas movies, and he rents a lot of them. Ho-hum, I thought, but I was pleasantly surprised by the many social messages in Paper Angel.  The movie starts with Mom (Lynn Brandt) moving far away from Dad with her two children—Sara and Thomas. Sara is younger than Thomas. While the movie doesn’t illustrate domestic violence, Mom has a black eye, and you know what happened.  Dad loves nothing but his beer and his sports on television, and while Dad is oblivious to everyone and everything that his narcissistic soul in not entrenched in, Mom quietly gets the two children in the car and escapes with them without any of their belongings.  Mom was right to leave.

Mom, Thomas, and Sara take up residence in the “No Name City”, where life is meager and hard. Mom worked at a diner, and her boss was not very thoughtful.  The living digs were adequate, and the basketball goal in the driveway was makeshift from a bucket.  Thomas practiced basketball a lot, and he was quite good, which starts the bullying by the high school “King” of basketball.  I wonder if most bullies are afraid of something because the bully seemed afraid of losing his position as the star basketball player, and the prettiest girl in the high school just ignored him.

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