Torts Laws Offer Compensation Individuals Harmed By The Unreasonable Actions Of Others

The plaintiff (female student) has every right to take action against the negligent teacher and school.

It is reported that a girl was banned from a public Catholic school, the girls was disabled and it was stated that her parents faced accusations of presenting a threat to the mental health of her teachers. Morgan Webb Liddle has cerebral palsy. The teachers at Sacred Heart College took legal steps that were of an "extraordinary' nature to bar the child from the Catholic school based on their feeing "stressed and harassed." (Lee-Potter, 2013, p.1) The teachers at the school filed a notice with the principal under the Occupational Health and Safety Act. Morgan was ordered to not attend school and her parents ordered not to contact the school. According to John Harding, Head of Cambridge

As society has become revolved around materials and money, it has made it tougher for kids to fit in and be considered “cool”. To make someone suffer from physical and emotional abuse is awfully horrible and only leads to consequences on both sides of the situations. Fortunately, the bullying laws enacted protect helpless victims and help a lot to stop bullying but need to be strictly enforced because many kids still suffer from bullying.

A more recent case, J. S v. Bethlehem Area School (2000), is more relevant to the issues today. This court case involves a student who was expelled from the school for creating a website that included derogatory and threatening comments about members of the school’s administration. The Supreme Court ruled that the school’s actions were deemed justified due to evidence proving an obvious disruption of the school environment. In the courts closing arguments the following is stated, “Regrettably, in this day and age where school violence is becoming more commonplace, school officials are justified in taking very seriously threats against faculty and other students.”(Herbeck, 2010)

I’m reaching out to you as a concern parent in regards to incident that happen on 03/10/2017 Friday. My daughter Ahneya Barrett had an unfortunately altercation with another student and Mr. Alexander at Western Branch High school use unreasonable force with my daughter; moreover Mr. Alexander made the statement to my daughter, “That’s what you get” as she slid into the wall. I have related my concerns to Dr. Whitley and the administration staff; nevertheless can’t anyone address the issue about my

Jamie Nabozny was a victim of bullying all throughout middle and high school. He was physically and verbally abused on many occasions due to his sexual orientation/identifying as gay. Jamie felt trapped and hopeless after being relentlessly bullied day after day. During one of these incidents, students repeatedly kicked Jamie in the library and by doing so (transition), left him aggrieved, bruised and bleeding (sensory details) with little to no self-esteem. When he was found, he had several broken bones which required surgery to repair. Due to this incident and countless others, Nabozny’s parents decided to address the school board regarding the issue. (background info) However, when given

Evidence that proves my claim is in p169 “taunts me in homeroom…Today she spit on me…As I emerged from the cafeteria…shouted all kinds of threats…I got hit across the back with a tennis racquet.” All these hateful actions against her happened at school. Her experience was not worthwhile since, she experienced hateful acts every day knowing that she will be bullied day after day. Similarly, her mom was fired from her workplace because Melba went to Central High. This is shown in p206 where her administrator said, “If Melba were to withdraw from that school, we could talk about renewing your contract.” Her family was in trouble and financial issues because she went to Central High. Her experience was not worthwhile as she felt upset from her mom’s loss of her teaching position. This is shown in p205 as it states, “The loss of Mama’s teaching position upset had upset all the members of our

After school one day in early 2011, 12 year old Riley Stratton took to Facebook to vent her frustrations stating that she hated a hall monitor at her school that she felt was being mean to her. Not only was the post published after school hours and not done on or with school property, but it was also published to Riley’s private Facebook page with access limited only to those in her friends list. Unfortunately for Riley, even with the increased security setting, a screenshot of her post was given to her principal at Minnewaska Area Middle School. Mr. Falk and other school officials deemed Riley’s behavior to be rude and discourteous and her post to be a form of bullying. As punishment, Riley was given detention and was also forced to write

Bullying is defined as an intentional act that causes harm to others, and may involve verbal harassment, verbal or non-verbal threats, physical assault, stalking, or other methods of coercion such as manipulation, blackmail, or extortion. Without a doubt bullying, has become an increasing epidemic among individuals today. “The bulling cycle,” according to Dan Olweus, a world-renowned psychologist from Norway, there needs to be three individuals or groups of people involved: the bully, the victim and the bystander. The process begins with simple taunts and can escalate into behavior requiring legal intervention. In fact, several cases have been presented to courts for both criminal and civil prosecution. Another key factor in the progression of bullying cases is the internet. Today’s bullies need not be physically present

Despite receiving specific knowledge and notice of the attack, Lyons-Burke failed to protect Martina Toole, and is thus in breach of its duty. Because schools cannot be reasonably expected to prevent each and every altercation between students, a plaintiff must establish that the school recovered actual or constructive notice before the attack. In the prevailing months before the attack, the mother of the victim notified the school about the specific threats Ivy made against her. As in the Wilson case, this placed the school on notice regarding the “aggressive and confrontational” behavior from the attacker. Ivy Toxicone also had a disciplinary record that should have put the school on notice regarding her behavior in general. In MacCormack

So, that if I had any more concerns it would look like my child is the problem and not the school. Ms. Sterling has had several complaints against her from yelling at the students. So, why would the principal put my daughter in this class when there are two other classes, which the ZH class I heard nothing, but good things about. The principal did not want to change my daughter’s class from the beginning, but since I was persistent she made sure to make this a damaging move for my daughter. On two occasions I provided the principal with a copy of documentation from my daughter’s physician about her condition. On December 1, 2015 I provided the school with my daughter’s 504 accommodation. The next day my daughter was forced to hold it again and had another accident. My property taken from daughter, alter, and damaged. The school has violated my daughter’s civil rights as well as her educational rights. My daughter was taken into the office and forced to write a statement without my consent or knowledge. My daughter is now harassed on a daily basis for minor

This is not the only time that the school administration was trying to shut the voice of the victim. There was a similar situation in Concord – Carlisle Regional high school. As described in the article, “A Happy School Life Lost to Unseen Tormentors”, written by Evan Allen, a girl’s high school life was ruined by the graffiti on her car. The whole story starts when a girl files a “lawsuit against the towns of Concord and Carlisle, the Concord – Carlisle School district, and three school administrators” (Allen). Concord – Carlisle high school administration does not want this case to ruin the reputation of the school, so they did everything they can to shut the girl’s mouth. According to the girl, there were not only graffiti on her car every day but also “death threats” (Allen). All the girl and the family wanted was the help of the school to find the bully or bullies, who constantly terrorized the girl’s car every day. Unfortunately, because the school is so focused, not on the safety of a student, but a reputation of student – athletes, the school administration did not do anything to keep the student safe. The

One of the most common asked questions is if bullying is considered a civil rights violation and the answer can vary from state to state and even all over the globe. In a couple of states in North America it is considered a felony to bully other kids and the punishment can vary from being suspended to even spend a couple of nights in the county jail. It’s stated that “the DOE has rightly framed the issue of bullying in schools as one of an institutional responsibility-one that can even get schools legal trouble if it is ignored. Among other things, the letter says that “some student misconduct that falls under a school’s anti-bullying policy also may trigger responsibilities under one or more of the federal anti-discrimination laws” (Costello, Maureen). “In the DOE it also states that all of the teachers need to look beyond the single incidents of bullying and examine the nature of the conduct for all civil rights violations. If some of the bully’s behavior is based on perceptions about someone’s nationality, color, disability, sex, or race. And the school administrators are all supposed to be keeping all the of the civil rights laws at the top of their head” (Costello, Maureen) so they can keep it at the ready so if they need to use it at any point in their life they can easily just think it and there on their way to help out the student if needed.it is said that when the child or children are labeled as bullies or the victims it can possibly be a message the child’s

Phoebe Prince, 15 years old, moved from County Clare in Ireland to South Hadley looking to continue enjoying the teenage life. Only to come to find out, students in a little town could cause a wake of pain. The bullying became strong and ruthless. Some peers called her the “Irish slut” on social network sites (Facebook, Twitter, etc.). She constantly struggled with people in school knocking items out her hands, things thrown at her, and received threatening text messages.

The case of twelve year old Rebecca Sedwick, who leapt to her death is a prime example of what bullying leads to when there is not enough done to stop the bullying nor stiff enough penalties to make sure it is prevented from going this far. She was bullied relentlessly at school, on her phone, and through social media by two young girls. Her mother was left to bury her daughter out of her own pocket even though she took all the necessary steps to protect her daughter. With schools and social media becoming a breeding ground for vicious verbal and sometimes physical attacks, who is responsible for such antics that lead to many victims taking their own lives or having to relocate? With no clear cut on who is financially or criminally responsible, the victim’s family is often left to deal with the unexpected finances and no way of having any closure or piece of mind knowing the responsible party was held accountable. Interventions, financial restitution, and criminal charges should all be mandated if it is found that the school system or parents of the bully did little to nothing to stop the bullying.