School Bullying Case Law: Frequency and Outcomes for School Level, Protected Status, and Bullying Actions

Abstract

Purpose: During the past decade, concern with student bullying incidents has increased. When schools do not halt bullying, victims increasingly choose litigation as a remedy. Although the professional literature identifies the pertinent factors associated with bullying victimization, the available legal analyses have not kept pace. To identify focus areas for preventing bullying litigation, this study quantifies the frequency and outcomes for bullying cases disaggregated by the victims’ school level, protected status classification, and types of bullying actions. Methodology: We analyzed the 239 student bullying court decisions for the 20-year period 1995–2014, identifying the outcomes for each specific legal claim as well as each victim’s school level, protected status classification, and the types of bullying actions. Outcomes were conclusive if the plaintiff or defendant decisively prevailed and inconclusive if additional legal action was required for resolution. The analysis identified the most plaintiff-favorable outcome for each case and disaggregated by these three variables. Findings: The frequency of bullying cases was highest among middle school students, students asserting gender-based claims, and students experiencing both verbal and physical bullying actions. Conclusive outcomes strongly favored district defendants. Conversely, claims based on perceived sexual orientation resulted in the highest rates of inconclusive outcomes. Implications: The pro-district outcomes skew suggests that school administrators should focus on bullying prevention as a matter of educational effectiveness. To the extent that legal defensibility is a significant factor, education leaders should focus their efforts on reducing bullying of middle school students and students displaying gender nonconformity.