NSBA Legal Clips
Archived entries for bullying

Family files $8.3 million suit against Virginia district for bullying incident, citing a national “Pandemic”

A Virginia family has filed suit in federal court seeking $8.3 million from the Appomattox County School Board and school employees as a result of a bus bullying incident.

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Federal appellate court rules disabled student failed to state a claim for peer sexual harassment under § 504, has valid claim under § 504 for district’s refusal to make reasonable safety accommodations to IEP

The Fifth Circuit Court of Appeals has ruled that a disabled student stated a valid §504 claim that the school district committed gross misjudgment in failing to modify her IEP to safeguard her after three incidents of alleged sexual abuse by students, but failed to state a claim against the district for liability based on student-on-student sexual harassment.

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New Jersey anti-bullying task force says school administrators need more discretion in harassment/bullying investigations

According to The Record, a task force examining the impact of New Jersey’s 2011 anti-bullying law concluded that it has been helpful overall, but that administrators should have more discretion in deciding when to launch full-scale inquiries into allegations of harassment.

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Ohio federal court dismisses peer bullying/harassment suit against district in student suicide case

An Ohio federal district court has granted a school district’s motion for summary judgment in a suit brought by the parents of a high school student who committed suicide, claiming that the student was repeatedly subjected to peer bullying and harassment in violation of her Fourteenth Amendment substantive and procedural due process rights, Fourteenth Amendment equal protection rights, Title VI and Title IX rights, and under Section 1983 related to a municipal liability claim based on the failure to train.

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Jury returns verdict in favor of Oregon district in student’s peer harassment/bullying suit

According to the Albany Democrat-Herald, a jury has returned a verdict finding that the Harrisburg School District was not liable in a federal civil rights lawsuit for the peer harassment and bullying of a former student who suffers from Tourette’s syndrome.

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Federal appellate court upholds $1M jury verdict against New York district for student-on-student race/color harassment

A three-judge panel of the U.S. Court of Appeals for the Second Circuit has ruled that a New York state school district is liable under Title VI for student-on-student harassment based on race and color, upholding a $1 million reduced jury verdict.

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Sua Sponte: NSBA urges Eleventh Circuit to preserve the high deliberate indifference standard in disability-based harassment cases

On November 28, 2012, NSBA, along with three other education organizations, filed an amici curiae brief in Long v. Murray County School District, now before the Eleventh Circuit, to assist the appellate court in its review of the decision by the U.S. District Court for the Northern District of Georgia, as to whether it “correctly concluded, relying on Davis v. Monroe Cnty. Bd. of Educ., that [the parents of a special education student] had not presented evidence of ‘deliberate indifference’ required to establish a peer-on-peer harassment claim” under Section 504 or the ADA.

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Illinois district sued by parents of athlete for hazing involving physical and sexual abuse

The Chicago Tribune reports that the parents of a Maine West High School student have filed suit charging school officials and soccer coaches sanctioned the hazing of the teen that included physical and sexual assault.

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University-run school sued for failure to protect Indiana elementary student from peer sex abuse

As reported by the Associated Press in the Huffington Post, the parents of a central Indiana boy are suing Ball State University, alleging their son was subjected to “horrific sexual abuse” by fellow second-graders at a university-run school who they say acted out scenes from pornographic videos they downloaded on school computers.

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Parent sues South Carolina district seeking installation of video cameras on buses

The Beaufort Gazette reports that the mother of two students, who she claims have been bullied, is suing Beaufort County School District and Durham School Services, the bus company, charging they have not done enough to protect her children, and petitioned the district to put cameras on school buses.

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