Monday, March 8, 2010
Finally A School is Held Liable for Bullying
I know that is many ways this is an over litigious society and trial lawyers have run amok. However, I have to say that school bullying is an area where more litigation is needed to get schools to do more to stop bullying. That is why I am happy that one school district has been ordered to pay $800k to a student for not doing enough to stop bullying. I realize, of course, that the only people being punished really are the people in the district, who will have to foot the bill (god forbid teachers actually get fired for this, the unions will never allow that to happen). But hopefully this will be a wake up call for them to do something in the future.
The problem with the current system is that there is nothing for the kid who is being picked on to do to stop the bullying. You tell a teacher and first you are ostracized for being a tattle tale. Then nothing really happens. Often the bully gets a warning (especially if the bully is an athlete and the teacher is involved with athletics). Tops, a little detention. He then escalates the retaliation and what is your option, tell again and have the cycle start over? God forbid you fight back. You will then be in trouble with the school as they always get the kid who hits back and after Columbine, they will think you are liable to run amok and shoot your classmates (that was amazing to me, the victims of bullies once again became victims as both the schools and bullies used Columbine against them) and might send you to counseling and get a mark on your permanent record.
Neither teachers nor the administration ever have an incentive to stop bullying. Most teachers simply don't care. They've been worn down by years of teaching the same lesson plan and having summers off just isn't as exciting as it once was. Sure, some teachers care, but those are few and far between. The administration also doesn't care, mainly because they have no reason to care. A few parents angry over bullying can't get them fired, nor is it likely to. Now that the school districts could be held liable, this may change.
I know what many of you must be thinking, yes I was teased as a kid. Usually stupid stuff over my name (calling me Maxwell House, Maximum Overdrive, etc.) and no physical bullying. Other kids weren't so lucky and probably the worst part was not what actually was happening to us but that there was literally nothing that could be done to stop it. It's hard when you learn about civil rights and then realize you basically don't have any as a kid.
The problem with the current system is that there is nothing for the kid who is being picked on to do to stop the bullying. You tell a teacher and first you are ostracized for being a tattle tale. Then nothing really happens. Often the bully gets a warning (especially if the bully is an athlete and the teacher is involved with athletics). Tops, a little detention. He then escalates the retaliation and what is your option, tell again and have the cycle start over? God forbid you fight back. You will then be in trouble with the school as they always get the kid who hits back and after Columbine, they will think you are liable to run amok and shoot your classmates (that was amazing to me, the victims of bullies once again became victims as both the schools and bullies used Columbine against them) and might send you to counseling and get a mark on your permanent record.
Neither teachers nor the administration ever have an incentive to stop bullying. Most teachers simply don't care. They've been worn down by years of teaching the same lesson plan and having summers off just isn't as exciting as it once was. Sure, some teachers care, but those are few and far between. The administration also doesn't care, mainly because they have no reason to care. A few parents angry over bullying can't get them fired, nor is it likely to. Now that the school districts could be held liable, this may change.
I know what many of you must be thinking, yes I was teased as a kid. Usually stupid stuff over my name (calling me Maxwell House, Maximum Overdrive, etc.) and no physical bullying. Other kids weren't so lucky and probably the worst part was not what actually was happening to us but that there was literally nothing that could be done to stop it. It's hard when you learn about civil rights and then realize you basically don't have any as a kid.
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