News & Analysis as of

Bullying

Damages in bullying claims – the stakes are rising even higher

by Seyfarth Shaw LLP on

The Victorian Supreme Court recently issued a stunning decision awarding an employee over $600,000 comprising $210,000 for pain and suffering and the balance for lost past and future income, despite the employee having a...more

CAS Legal Mailbag Question of the Week – January, 2017 #3

by Shipman & Goodwin LLP on

Dear Legal Mailbag: As a high school administrator, I have to do those bullying investigations from time to time. As required by the law, I recently informed a rather over-involved parent that I had started investigating...more

Restorative Justice Bills Await Governor's Signature

by Clark Hill PLC on

A set of bills, recently enrolled and awaiting the Governor's signature, will radically alter the landscape of student disciplinary action in Michigan. House Bills 5618, 5619, 5620, 5621, 5693, 5694 and 5695 (collectively,...more

Appellate Court Determines that Student Handbook is not a Contract

by Franczek Radelet P.C. on

In Mulvey v. Carl Sandberg High School et al., a family sued its school district and various district officials and coaches alleging breach of contract for the District’s alleged failure to enforce the anti-bullying policies...more

Employment Law Navigator – Week in Review: October 2016 #2

by Zelle LLP on

Last week, The EEOC announced a public meeting on the use of big data in employment practices. This gathering is a continuation of the agency’s interest in the relationship between data analytics and discrimination. EEOC...more

Privacy Tip #55 – October is National Bullying Prevention Awareness Month

I never knew that since 2006, October has been designated as National Bullying Prevention Awareness Month. According to the Department of Health and Human Service’s website, “This year’s Bullying Prevention Awareness Month...more

Sweet Justice! Dismissal of Bully's FMLA Claim Proves Employers Can Safely Terminate an Employee on the Heels of FMLA Leave

by Franczek Radelet P.C. on

I hate bullies. Back in 4th grade, Sister Mary Demetria, OSF, told us that “hating” someone was a sin. I’m convinced Sister never met a bully. Forgive me, Father, for I have sinned. Cause, you see, whenever I...more

Sexual Abuse at St. George's School and the School's Reponse: 1970 to 2015

by Foley Hoag LLP on

In January 2016, I was asked to conduct an investigation concerning sexual abuse at St. George’s School, and the school’s response to reports of abuse, from 1960 to the present. At the time, St. George’s faced a firestorm of...more

Governor Wolf and the Pennsylvania Legislature Crack Down on Hazing in Secondary Schools

by Fisher Phillips on

On May 24, 2016, Governor Tom Wolf signed legislation requiring Pennsylvania secondary schools to adopt policies and procedures to prevent and correct hazing in schools. House Bill 1574, sponsored by Rep. Ron Marsico,...more

2016 Florida Legislative Post-Session Report

by Carlton Fields on

Carlton Fields’s Government Law and Consulting Practice Group released its 2016 Florida Legislative Post-Session Report detailing significant bills that passed during the 2016 Regular Session of the Florida...more

Legal Update: Anti-Hazing Act

by Barley Snyder on

On May 24, 2016, Governor Wolf signed legislation expanding existing anti-hazing laws applicable to post-secondary institutions to now include public and private school students in grades 7 through 12. House Bill 1574...more

Lessons from eMerge: The Communication Decency Act, A Tool Against Cyberbullying

The 3rd annual eMerge conference hosted a list of speakers as diverse as Miami. Among them, Colin Powell, Tony Hawk, Pitbull, and Monica Lewinsky. Just last year, Ms. Lewinsky broke her public silence when she gave a...more

Sixth Circuit Rules that the "Deliberate Indifference" Standard Still Matters in Title IX Harassment Litigation

by Clark Hill PLC on

In Stiles v. Granger County Board of Education, the United States Sixth Circuit Court of Appeals affirmed dismissal of a Title IX lawsuit against a public school district because the alleged victim of harassment and bullying...more

CAS Legal Mailbag Question of the Week – April 2016

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I have been around the block, but yesterday a parent made a demand that is a new one for me. I had met with the parent to review the results of our bullying investigation about her son’s behavior...more

Second Circuit Holds District Denied FAPE by Refusing to Discuss Bullying at IEP Meeting

by Shipman & Goodwin LLP on

On January 20, 2016, the Court of Appeals for the Second Circuit issued its decision in T.K. v. New York City Dep’t of Educ., — F.3d —, 2016 WL 229842 (2d Cir. Jan. 20, 2016), an important decision regarding the role of a...more

Child Protection Policies: Bullying

by Taylor English Duma LLP on

One important area of youth protection policies is a policy to prevent bullying. An effective policy must first correctly define the problem, and then focus on ways to empower the children involved....more

Death threats and unfriending – what is bullying?

by Seyfarth Shaw LLP on

Bullying behaviour comes in all shapes and sizes. Identifying and deciding how to respond to diverse bullying behaviour by a worker (or workers) can create challenges for employers. Recent headlines have cautioned that...more

Transcending Gender In Schools: Is Gender Neutral The New Normal?

by Fisher Phillips on

In Missouri, a 17-year-old student who was born male, but has identified as female since he was 13, chose to use the girls’ locker room during gym class. That decision sparked outrage in the school community and led to...more

Seventh Circuit Finds School District Not Liable in Bullying Case

by Franczek Radelet P.C. on

The Seventh Circuit Court of Appeals, which is the federal appellate court with jurisdiction over Illinois, recently rejected an Indiana student’s claims against two school districts for allegedly improperly responding to...more

First Formal Bullying Finding Highlights Scope of Potential Orders

by DLA Piper on

The Fair Work Commission has handed down the first formal bullying decision since its anti-bullying jurisdiction commenced in January 2014. Factual background: The recent decision of C.F. [2015] FWC 5272 (5...more

Deliberate Indifference to Bullying Can Amount to Massive Liability – Lessons from the Pine Bush Settlement

$4.48 million. That’s how much the Pine Bush School District in central-New York just agreed to pay to settle a lawsuit brought by a group of current and former students who alleged that school administrators were...more

Should You Have an Anti-Bullying Policy in Your Workplace?

We have seen it before: boss shouts (or glares, or laughs) at subordinate, and subordinate’s feelings are hurt. But it’s not only feelings that are hurt, and angry bosses aren’t the only ones offending. Workplace bullying can...more

Workplace bullying can lead to long-term employee illnesses

by Howard Ankin on

Bullying is not just a problem in schools. It is also a threat to employees in many American workplaces. According to a recent study by the U.S. Workplace Bullying Institute, bullies on the job can cause serious health...more

California’s Anti-Bullying Statute – What is the Effect of Non-Compliance?

By now, California employers should be aware of the “antibullying” law, which became effective on the first of this year. The statute is a compromise between employee rights groups seeking expansion of existing “harassment”...more

Illinois Schools Face Tough Decisions in Combating Cyber-bullying

by Wilson Elser on

Illinois, like most states, has a law that addresses school districts’ responsibilities for addressing bullying in schools. With the growing presence of cyber-bullying, as of January 1, 2015, Illinois modified section 27-23.7...more

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