Education Law

Is the School Liable for Another Student Hurting or Harassing My Child?

By E.A. Gjelten, Author and Editor
If other students have bullied, sexually harassed, or assaulted your child, you might be able to sue the school.

It’s no news that kids bully and harass other kids at school—verbally, physically, or on social media. If your child has been a victim of harassment or even assault, the first thing you’ll want to do is figure out how to put a stop to the behavior. (See our article on harassment at school for resources and steps to deal with bullying.)

But say you’ve been trying your best to get school officials to take action, and you’re frustrated by their lack of response. Can you sue the school district to force changes or get compensation for the harm your child has suffered?

It might not be easy to win in court—or get a good settlement. Your chances of success will depend on the circumstances, the evidence, and which laws apply.

Suing Schools for Negligent Supervision

Some states have laws that make bullying a crime, or that require school districts to have anti-bullying policies. But that doesn’t necessarily mean that private citizens can sue schools based on violations of those laws.

Still, students who’ve been harmed as a result of harassment (or their parents) might be able to file a personal injury lawsuit against the school for negligence. Schools do, after all, have a duty to provide a safe environment, and they can be considered negligent if they fail to provide adequate supervision.

Anyone suing a school for negligence would have to overcome hurdles.

Immunity. Public schools (and some private ones) are usually immune from lawsuits except under certain circumstances. Immunity doesn’t mean you can never sue a school, but it often means that you have to file a claim with the school district first. (See our article on schools’ immunity for more details.)

Failed duty. The school usually isn’t legally responsible if a student assaults a classmate out of the blue—without a previous history of harassment or misbehavior. In order to prove that the school is liable for failing to protect a child from peer harassment, one usually needs to show that school officials:

  • knew a particular student or group of students had been bullying the victim
  • could have predicted that the bullies would do it again, and
  • didn’t take reasonable steps to prevent the damage that resulted when the bullies repeated or escalated the harassment.

Suing Schools Under Title IX for Sexual Harassment

If your child is a victim of sexual harassment or assault by schoolmates, you might be able to sue the school district based on a federal law known as Title IX. That law says any educational program that receives federal funds—all public schools and most private schools—may not discriminate “on the basis of sex.”

Sexual harassment is a form of sex-based discrimination. It includes comments or behavior of a sexual nature, unwanted sexual advances, or sexual assault or coercion. The U.S. Department of Education has also made it clear that Title IX prohibits harassment based on gender, including a student’s perceived sex, gender identity, or gender expression.

The U.S. Supreme Court has set a high bar for successful Title IX lawsuits based on sexual harassment by peers. The victim must show that:

  • school officials knew about the harassment but did so little about it that their response amounted to “deliberate indifference,” and
  • the harassment was so bad that it effectively deprived the victim of equal access to educational activities or programs.

(Davis v. Monroe County Board of Education, 526 U.S. 629 (1999).)

Suing Schools for Harassment Based on Ethnicity

Students who've been harassed because of their ethnicity might be able to sue the school under under federal or state civil rights laws, including Title VI of the federal Civil Rights Act of 1964 (42 U.S.C. 2000d), which prohibits discrimination based on race, color, or national origin in all public schools and any private schools that receive federal assistance. Title VI doesn’t mention religious discrimination. But often, when students are harassed because of their religion, they’re also targeted because of their national origin or ethnicity.

Talking to a Lawyer

Even if it’s not easy to sue schools for student-on-student harassment, it’s certainly not impossible. For example, a Pennsylvania middle school student sued a school for taking no action against sex-based harassment by other students who called her names like “bitch” and “slut.” She received a $97,500 settlement. And in a case with more severe consequences, a student who was paralyzed when a classmate’s ongoing bullying escalated to assault won a $4.2 million settlement from the school board.

If your child has been the victim of harassment or assault by other students at school or during school-sponsored activities, consider consulting a lawyer. An attorney with experience in a field like education law or civil rights should be able to give you practical advice about reporting the problem to school officials and filing a formal claim with the school district or an agency like the Department of Education’s Office of Civil Rights.

A lawyer who has handled cases like yours should also be able to explain the state and federal laws that apply to your situation, the legal reasons (or “grounds”) for a possible lawsuit—including any not discussed in this article—and the people and institutions you might sue.

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