That's "bully" as in thug

In today's news is a post about a student hitting another student with a chair in a class room.  What is interesting is that earlier today, I had a couple come into the library.  Seems they have a kid in elementary school who came home most every day with bruises.  Of course, school "administrators" kept saying nothing was wrong and that their kid was just accident prone.

Seems that argument fell out the window when, two days prior, they got a call from the school that their kid was being taken to the hospital.  They learned, at the hospital, that all those bruises had been caused by a kid who had taken to beating their kid because it was "fun."  Their kid was now in the hospital with a concussion, among other things.

Parents are frothing at the mouth and are seeking vengeance against school district.  Who can blame them?  I know I'd be pissed seven ways from Sunday if anyone took to beating on my kid.  And what about the school "administrators" who had been lying to Parents.  Yeah, I smell a retirement level lawsuit brewing.

In California, there are a number of codes that have been established to help prevent bullying (and are supposed to protect students) in schools:

General Bullying

Cal. Education Code 48900 permits a student to be suspended from school or recommended for expulsion for engaging in acts of bullying.

Cal. Education Code 48900.4 allows a student to be suspended or recommended for expulsion if the student has intentionally engaged in harassment, threats or intimidation, directed against school district personnel or pupils "that is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork, creating substantial disorder, and invading the rights of either school personnel or pupils by creating an intimidating or hostile educational environment."

Cal. Education Code 48900.2 permits a student to be suspended from school or recommended for expulsion if it is determined that the student has committed sexual harassment, as defined in Cal. Education Code 212.5.

Cyber Bullying
Cal. Education Code 48900 permits a student to be suspended from school or recommended for expulsion for engaging in acts of bullying, including bullying committed by means of electronic acts.  Education Code 32261 defines "electronic act" as "the transmission of a communication, including, but not limited to, a message, text, sound or image by means of an electronic device, including but not limited to a telephone, wireless telephone or other wireless communication device, computer or pager."

Hazing
Cal. Education Code 48900.2 permits a student to be suspended from school or recommended for expulsion if it is determined the student has engaged or attempted to engage in hazing. "Hazing" is defined as a method of initiation or pre-initiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil."

Coupled with that knowledge, I also suggested Parents take a look at:

• Education Law (MatthewBender)
• The Law of Schools & Teachers in a Nutshell (TR)
• AmJur Trials (TR; Proving Damages in Schools for Bullying (118 Trials 387); School District Liability for Bullying (111 Trials 123)
• Am Jur Proof of Facts (TR; School District Liability for Bullying (105 POF3d 93)
• California Forms of Pleading and Practice (Lexis; Vol. 45, Chp. 513 (Schools: Students Rights & Responsibilities)

and off parents went to research and plan their next course of action.

Yep, really don't want to be the administrator who kept saying all was well and then having to explain their lies in court.  Good thing Parents knew to go to their local county law library and talk to their local county law Librarian when the chips were down.  

If ever you have a problem but don't know where to start to research, head on over to our local county law library so we can help you get your groove on.