Though there are no federal anti-bullying laws, the United States Department of Education issued a "Dear Colleague" letter to education boards nationwide, promoting a stronger response to bullying in schools. This letter recognized that bullying "fosters a climate of fear and disrespect" and can "impair the physical and psychological health" of victims, as well as "negatively affect learning." More importantly, the Department of Education identified that certain student misconduct breaching a school's anti-bullying policy might also provoke liability under federal anti-discrimination laws, which are enforced by the Office for Civil Rights (OCR).
Within the Department of Education, the Office for Civil Rights (OCR) ensures compliance with federal statutes that prohibit discrimination based on race, color, national origin, sex, and disabilities within educational settings. While OCR does not explicitly handle religious-based discrimination claims, it noted that discrimination could arise among religious groups due to perceptions of shared ancestry or ethnic characteristics, triggering civil rights statutes under OCR oversight. OCR states that if a school encourages, tolerates, fails to address, or neglects peer harassment based on such traits to an extent that generates a hostile environment, the school staff may be held liable under statutes enforced by the OCR.
Responsibility of Schools to Address Harassment
Generally, a school may face liability if it neglects harassment incidents that it is aware of or should be aware of. The school is considered on notice if harassment occurs in obvious places, is widespread, or is well-known among staff, such as harassment taking place in hallways, during recess, or on buses. A school is also liable when a responsible employee has been informed of harassment or should have identified it with reasonable care, yet fails to communicate this to the administration.
According to the Department of Education letter, schools have four key responsibilities when discrimination issues arise:
- Upon encountering harassment, schools must initiate immediate and appropriate investigations. The investigation protocols may vary based on factors such as the allegations' nature, the students' ages, and the school's size, but they must be prompt, thorough, and impartial.
- Should harassment be confirmed, schools need to effectively halt the behavior, which might involve separating the involved students, providing counseling, and implementing disciplinary actions against the offender, without penalizing the victim.
- Schools should strive to eliminate the hostile environment and its repercussions by offering training or intervention programs to harassers, students, families, and the broader school community. Schools might also need to introduce harassment policies and reporting procedures to combat the issue effectively. Additional support should be offered to affected students, particularly in cases of delayed school responses.
- Preventive measures must be undertaken to stop future harassment and retaliation against the complainant. Schools must engage with victims and their families about reporting procedures for future incidents and must follow up diligently on any new reports or related issues.
Legal Challenges in Bullying Cases
Despite schools' obligations to prevent and manage bullying, legal actions against school districts following incidents of bullying have often failed. For instance, in a Massachusetts case from May 2016, a middle school student's mother sued the school district, claiming it ignored repeated bullying incidents and dismissed her complaints. The legal argument revolved around the "state-created danger" theory, seeking accountability under broader legal standards governing governmental actions that might exacerbate individual dangers. However, both a Federal District Court and the U.S. Court of Appeals for the First Circuit rejected the lawsuit, citing insufficient evidence of governmental conduct causing rights deprivation or shocking community conscience.
In Connecticut, a case involving claims under the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 saw the courts siding with the school district. Both the Federal District Court and the Fourth Circuit Court found no proof of "deliberate indifference," the threshold for liability set by U.S. Supreme Court rulings for student-on-student harassment.
In New York, a settlement in a class action lawsuit filed in Manhattan highlighted the inadequacies in the New York City Department of Education's response to in-school violence, harassment, and bullying. The lawsuit alleged a pattern of indifference to in-school violence and portrayed a culture of neglect toward repeated incidents affecting the plaintiffs and others similarly situated. The claims encompassed federal constitutional claims under the Fourteenth Amendment and New York state constitutional and statutory claims.
Contact Us
If you have any questions regarding school bullying in Connecticut, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
