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School Bullying

Adults know that if other adults bully or harass them, they have recourse to the police and to the courts. It is not so well known that children also have recourse against harassment or bullying by other children.

Kids will be kids, but if bullying gets out of hand and affects a child’s well being, then the parents must take action. Unfortunately, parents often don’t know what to do.

The almost immediate response of most parents is to complain to the school. The school means well, but it has other problems to worry about. Dealing with school authorities to control the actions of other children can be most frustrating. In this lawsuit-saturated culture, schools have become experts at paper-pushing and giving verbal assurances. Unfortunately, if it’s not in writing, then it probably isn’t worth anything.

One student was being continually harassed by other students, because he wore different clothing and tended not to fight back. His mother, who meant well, spoke to an Assistant Principal, who said, “There is nothing we can do. Let the boys just work it out.”

It worked out into a fight, with the student suspended, and more bad feeling in the school.

Of course, the Assistant Principal later denied that he said it, and there was nothing in writing and no videotape. He counted on this woman to be intimidated by the school. Instead, she called me.

In those situations, we deal directly with the Superintendent or the Board of Education, in writing. We also deal directly with the parents of the offending children. In extreme cases, we will seek police, civil court, and juvenile court action.

Therefore, if bullying becomes a problem, we can help. You do not have to “grin and bear it,” nor do you have to beg indifferent persons to take action. Further, having an experienced advocate on your side is far less frustrating than dealing solo with the authorities.

THE SCRUGGS CASE
In one of the most notorious cases in Connecticut history, a middle school student, Daniel Scruggs, hanged himself as a result of relentless bullying in school. His mother complained that she had tried to get help for years and was stonewalled by the authorities. After Daniel’s death, there was an investigation – and the mother was arrested! The State charged that, bullying or not, Daniel’s problems were mainly caused by her own negligence. Although the mother had one of the top criminal lawyers in the State defending her, she was found guilty. Both DCF and the school system were embarrassed, but escaped responsibility.

A case like this has plenty of blame to go around, and I will not attempt to parcel out fault. But one thing is clear: had the mother gotten legal help the moment that she ran into a stone wall, Daniel might be alive today. A qualified Juvenile Court lawyer would have not only pressured the school, and the parents of the offending children, but also would have advised the mother on her own child care responsibilities and methods of getting counseling for her child. The lawyer would have attempted to counsel the child as well.

After Daniel committed suicide, it was too late. If the tragic death of this innocent child does not convince you to get help in dealing with the authorities, then, sad to say, nothing will.

The mother was sentenced to probation and community service. However, the case finally did have one decent turn for her. In August, 2006, the Connecticut Supreme Court unanimously reversed the mother's conviction. Among other things, the Court noted that DCF had closed its file in this matter, leading the mother to believe that the State itself believed that there was no immediate threat to Daniel's health.

In other words, in my opinion, DCF botched the case. When someone in authority realized that someone had to be held accountable for this child's death, DCF then attempted to shift the blame to the mother. Of course, many people, including the prosecutor, still believe that the mother was at fault; and this case had plenty of fault to go around.

In the most recent good news, Mrs. Scruggs filed a federal court lawsuit against the Meriden school officials. The case settled out of court. There was a confidentiality agreement, so we have no way of knowing how much money Mrs. Scruggs received; but you may be sure that it wasn’t enough. The school board was happy to settle. It only wanted to be free from future liability, and of course took no responsibility for its actions. The State, of course, takes no responsibility and pays nothing.

The State apparently felt guilty enough to push an “anti-bullying law” through the State Legislature. This law, as you may suspect, creates even more paper trails to protect school administrators. Substantively, it accomplishes nothing.

To repeat, it is clear beyond argument that you need a lawyer when dealing with state officials.

Some people may find this hard to believe. After all, are not teachers, principals, and superintendents authority figures?

Yes, once they were. In today’s bureaucratic environment, however, many are reduced to being paper-pushers.

Dr. John Rosemond had an excellent column in April, 2006. The point was that a teacher in the northeast saw a student bullying another child, told him to stop, and – the teacher was reprimanded! The parents of the bully complained to the school; and the school, fearing litigation more than the plague, chastised the teacher.

Dr. Rosemond commented that he hears this from teachers all the time. I myself hear it occasionally from teachers in my circle of family and friends.

Of course, the school’s pat response would be that the teacher should have told the principal. That, of course, is nonsense. Why bureaucratize and extend something that could have been solved on the spot? One doesn’t know who to feel sorrier for:

• The bully, who has learned the wrong lesson, and may well grow up to be an adult criminal
• The bullied child, who can no longer trust adults
• The teacher, who has seen her ideals thrown out the window
• The school administration, which has to live with itself knowing that it is cannon fodder for overpaid school board lawyers

If you still trust paper-pushers to give you your rights, then I cannot help you. But hopefully, you will help yourself before a disaster erupts.

The bottom line is: If a bullying situation develops, try to work it out peacefully. If you can’t, don’t get upset; call us.

SANTORO BULLYING WARNING
Most people, of course, do not want to be confrontational. That is understandable; after all, everyone likes to be liked, and you may need a favor from the other person one day. So why call a lawyer if you have a school bullying problem?

A gentleman named Frank Santoro, Jr., had a son in the Hamden, CT public schools who was being bullied. He complained to the school, which allegedly did nothing. Of course, the school will have a different viewpoint; and after reading the above, you may draw your own conclusions.

Mr. Santoro, aware of so-called anti-bullying laws, then filed a lawsuit against the school system. After all, isn’t there a law requiring school boards to establish anti-bullying policies?

Despite being represented by one of the top civil lawyers in the State, Mr. Santoro’s case was thrown out of court in August, 2006. The technical reason: anti-bullying policies are “discretionary”, and parents have no “private right of action” to see that they are enforced.

The real reason: governmental immunity. If you, as a private citizen, violate the law, you can be charged. If a governmental entity violates the law, it is generally immune, although there are exceptions. As of today, bullying is not one of those exceptions. The Courts do not want to be inundated with cases from citizens irate at ineffective government; hence, governmental immunity thrives.

In other words, you have a right without a remedy. Not such a bargain.

The lesson is clear. Do not expect the anti-bullying “laws” to protect you, and if administrators refuse to protect you, do not expect them to change simply because you persist. In the Santoro case, the student allegedly doing the bullying was a black student, and the administrators were afraid of “creating a racial incident.”

Such is the administrative mentality of our lawsuit culture.

If your child is being bullied, and if the school does nothing, CALL A LAWYER IMMEDIATELY.

The lawyer may be able to pressure the school board, its lawyers, and the parents of the offending children, more effectively than you can.

REMEMBER:  Most bullies are cowards and will back down if you stand up to them.