Can a school be sued if bullying is not controlled? Yes, it can and was. A jury decided that a Tampa, FL school had to pay $4 million.

Hillel School

A private, Jewish school, Hillel, in Tampa, Florida is to pay Danny Heidenberg $4 million for repeated bullying and permanent physical damage. A jury decided that the school was negligent in supervision and taking action against repeated bullying.

Physical Assault

According to court documents, Hillel School had a known bully and did little to stop the physical harassment. Assaults by the bully were common. When Danny Heidenberg’s parents complained of repeated assaults, nothing happened. When he assaulted their son, which resulted in a broken arm, they sued the school.

After three surgeries, Heidenberg still suffers from paralysis in his left arm. He can not type because several fingers can not move. Both parents are surgeons and had hoped of having their son join them in that profession. That dream is now lost. [Colleen Jenkins, sptimes.com, St. Petersburg Times, October 23, 2007]

Teacher Neglect

That fateful day when recess was over, the teacher led students into the school leaving no one to supervise the known bully and the rest of the students. The bully jumped Heidenberg twice resulting in several broken bones. The bully has apologized but the school has not. [Colleen Jenkins, sptimes.com, St. Petersburg Times, October 23, 2007]

Bullying Definition

Bullying is a repeated action causing embarrassment, shame, fear or anxiety. It can be physical, emotional or sexual. There is a difference between someone mentioning once that you are having a bad hair day and several students saying that daily for weeks. If an action is repeated then it is probably harassment.

Steps to Stop Bullying

Students are to complain about the bullying.

1. Tell the bully to stop.
2. Tell a teacher.
3. Tell the principal.
4. Tell a parent.
5. Complain until it stops.

Schools are to take reports of bullying seriously.

Paper Trail

When a complaint is filed, a school has the option to ask for a complaint from the student in writing. The bully target would answer the following questions.

• What happened?
• When?
• Where?
• Has this happened before?
• How often?
• Who else was involved?
• Who else saw this?
• What happened prior to this?

The school has an obligation to then interview all parties involved. If it is found that the bully did indeed harass a student, action needs to be taken. The bully should be disciplined and receive assistance from the school to change the inappropriate behavior. In the real world, this behavior would result in an arrest. It can not be ignored. The report should go in the student’s file. The school can now monitor just how often this student is reported and how many targets are affected.

Just Messing Around

A common justification on the part of students for physical confrontation is "We were just messing around." Touching another person roughly, pushing, or tripping them is not appropriate behavior in the adult world or in school. Messing around is not an excuse.

Series on Bullying

Bullying: What is it?

Bullying: The School

Bullying: The Home

Read previous articles on Educational Issues.

Copyright article 2007 Barbara Pytel. All Rights Reserved.