Legal Clips » harassment

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.

April 22, 2013
In Education Technology, Equity & Discrimination, Governance, Legal System, Student Rights & Discipline
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Tagged as cyberbullying, deliberate indifference, harassment, Michigan, National Women's Law Center, sex discrimination, sexual conduct, sexual harassment, student discipine, student harassment, student misconduct, student safety, Title IX

Former student’s Title IX suit faults Michigan district’s response to sexual assault and cyberbullying reports

A Michigan former high student student is suing school officials under Title IX claiming they failed to properly investigate allegations she was sexually assaulted at school by a prominent athlete, and ignored her claims of cyberbullying that forced her to leave school.

March 4, 2013
In Equity & Discrimination, Governance, Legal System, School Safety, Student Rights & Discipline
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Tagged as Colorado, discrimination, gender identity, harassment, LGBT, school board policy, school facilities, state civil rights statute, student safety, transgender

Parents of Colorado transgender student file complaint over bathroom access

As reported on CNN.com, a transgender rights group has filed a discrimination complaint in Colorado on behalf of a first-grader who was born a boy but identifies as a girl.

February 7, 2013
In Equity & Discrimination, Governance, School Safety, Student Rights & Discipline
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Tagged as bullying, discretion, harassment, New Jersey, school board policy, student discipline, student safety

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.

February 5, 2013
In Equity & Discrimination, Governance, Legal System, Student Rights & Discipline
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Tagged as bullying, deliberate indifference, Equal Protection, Fourteenth Amendment, harassment, national origin, Ohio, procedural due process, section 1983, substantive due process, suicide, Title IX, Title VI

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.

December 17, 2012
In Governance, School Safety, Student Rights & Discipline
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Tagged as cyberbullying, employee safety, harassment, online speech, student safety, Wisconsin

Wisconsin county passes ordinance criminalizing cyberbullying

According to a report from the Student Press Law Center, the Vernon County board of supervisors has approved an ordinance that criminalizes bullying.

December 11, 2012
In Equity & Discrimination, Governance, Legal System, Special Education & Disabilities, Student Rights & Discipline
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Tagged as bullying, discrimination, harassment, Oregon, school safety, student discipline, student with disabilities, Tourette's Syndrome

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.

December 6, 2012
In Equity & Discrimination, Governance, Legal System, School Safety, Student Rights & Discipline
One comment
Tagged as bullying, damages, deliberate indifference, discrimination, harassment, New York, race, school board policy, Second Circuit, student discipline, student safety, Title VI

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.

December 6, 2012
In Equity & Discrimination, Governance, Legal System, School Safety, Student Rights & Discipline
No comments yet
Tagged as discrimination, gender identity, harassment, LGBT, Maine, public accommodation, school board policy, school facilities, state civil rights statute, student safety, transgender

Maine court dismisses transgender student’s discrimination suit for schools’ refusal to allow use of girls’ restroom

The Penobscot County Superior Court has ruled that Riverside RSU 26, formerly Orono School District, did not violate a transgender student’s rights under the Maine Human Rights Act when school officials prohibited the student from using the girls’ restroom at school. It also rejected the student’s claims of discrimination under the MHRA based on deliberated indifference to student-on-student harassment or harassment by school officials.

November 29, 2012
In Equity & Discrimination, Legal System, School Safety, Special Education & Disabilities, Student Rights & Discipline, Sua Sponte
One comment
Tagged as ADA, bullying, deliberate indifference, disability, Eleventh Circuit, Georgia, harassment, school board policy, school safety, section 504, student discipline

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.

THE Source for Recent Developments in School Law

Archived entries for harassment

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

Former student’s Title IX suit faults Michigan district’s response to sexual assault and cyberbullying reports

Parents of Colorado transgender student file complaint over bathroom access

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

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

Wisconsin county passes ordinance criminalizing cyberbullying

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

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

Maine court dismisses transgender student’s discrimination suit for schools’ refusal to allow use of girls’ restroom

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

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