Bullying and School Liability—Implications for School Personnel

Abstract

Bullying is a serious and escalating problem in public schools across America. Each day, thousands of students face taunts and humiliation stemming from bullies. Bullying victims experience emotional and psychological problems that may persist for a lifetime. Other victims commit suicide or retaliate against bullies out of fear for their own safety. Because the courts presume that schools are safe places, teachers and administrators have a leading responsibility to protect students from the harmful behavior exhibited by bullies. They are expected to foresee that bullying is a harmful activity and initiate appropriate steps to eliminate it. This article discusses the magnitude of the problem of bullying in public schools and the threat of liability for school personnel who fail to respond to bullying incidents. It concludes with a set of guides that should assist teachers and administrators in protecting students from foreseeable harm while minimizing their legal exposure to law suits based on negligence.