When Is Bullying Discriminatory Harassment?

When is bullying discriminatory harassment?

There are no federal laws addressing bullying, but in particular situations, it may overlap with discriminatory harassment.

If bullying overlaps with discriminatory harassment and occurs in a federally funded school then those schools must attempt to resolve the situation, and if they cannot, the U.S. Department of Education’s Office for Civil Rights and the U.S. Department of Justice’s Civil Rights Division offer options for victims.

If the federally funded school does not take the discriminatory harassment claim seriously then they may be violating civil rights laws.

• What does it mean to take a claim seriously? It means that the school first takes prompt steps to investigate the complaint and then they take steps to resolve it. They must also take steps to prevent any kind of retaliation against the complaining student.

This article looks at the factors used to determine when bullying is discriminatory harassment. Bullying is discriminatory harassment if:

• The bullying is based on race, color, sex, national origin, age, religion, or disability.
• The bullying creates a hostile environment at the school.
• The bullying is severe and pervasive.

If a federally funded school has found proof that bullying (due to discriminatory harassment) has occurred, what steps must they take?

• A school must ensure that the harassment has stopped.
• A school must take steps to stop harassment from ever reoccurring.
• A school must eliminate the bully’s hostile environment.

How can a school accomplish the above steps?

• They can create new school wide policies that address bullying, harassment and discrimination.
• They can add disciplinary actions for students who are found guilty of discriminatory harassment.
• They can add training to teach teachers how to identify, prevent and resolve issues pertaining to bullying, harassment and discrimination inside and outside the classroom.
• They can make it more simple for students to file complaints of bullying, harassment and discrimination.
• They can hire more guards to watch young students on campus during their recess and lunchtimes.

Have your complaints of discrimination or harassment been ignored by your school? Consult an experienced attorney today.