School Bullying in New York

What Are the Laws on School Bullying?

Background

In 2012, the New York State Legislature observed:

“Bullying, harassment and discrimination pose a serious threat to all students, including but not limited to students targeted because of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex. It is imperative to protect every student from such harm regardless of whether the student is a member of a specific category.” (Paul T. v. S. Huntington Union Free Sch. Dist., 2015 N.Y. Slip Op. 25207, 9-10 citing 2012 Session Law News of New York 235th Legislature [Chapter 102 Sec.1].)

The Dignity for All Students Act was promulgated and declared that (Educ. Law § 10):

“The legislature finds that students’ ability to learn and to meet high academic standards, and a school's ability to educate its students, are compromised by incidents of discrimination or harassment including bullying, taunting or intimidation. It is hereby declared to be the policy of the state to afford all students in public schools an environment free of discrimination and harassment. The purpose of this article is to foster civility in public schools and to prevent and prohibit conduct which is inconsistent with a school's educational mission.” (Paul T. v. S. Huntington Union Free Sch. Dist., 2015 N.Y. Slip Op. 25207, 9-10.)

“In furtherance of this espoused purpose, school districts are now (the Act was effective July 1, 2012 amended 2013) obliged to formulate strict policies dealing with bullying, mandate reporting by teachers and other employees, and compile statistics of same.” (Id.)

General Information for Complaints and Motions

“The practice known as school bullying is such a pernicious social evil that the law allows it to be addressed in several ways.” (Paul T. v. S. Huntington Union Free Sch. Dist., 2015 N.Y. Slip Op. 25207, 9 [N.Y. Sup. Ct. 2015].)

Bullying as Criminal Assault

The aberrant actions of a bully, if they constitute an assault, menacing or criminal mischief under P.L. §§120.00, 120.15 and 145.00 respectively, may be the basis of a charge of juvenile delinquency in the Family Court. (Family Ct. Act Article 3; FCA § 301.2.)

Bullying as Hate Crime

Moreover, the child who is subjected to such antisocial behavior on the basis of his/her ethnic or racial background may find solace in that provision of the law governing hate crimes. (Penal Law § 485.05; In re Mondy E .,121 AD3d 785, 994 N.Y.S.2d 173 [2nd Dept.2014]).

Bullying Under the Civil Rights Act

Racial, gender and disability motivated harassment/bullying is also actionable under Title VI and Title IX of the Civil Rights Act (see, Zeno v. Pine Plains Cent. School Dist .702 F.3d 655 [2nd Cir.2012]; 42 U.S.C.A. § 2000d; T.K. v. New York City Dept. of Educ .779 F.Supp.2d 289[EDNY 2011]).

School Liability for Bullying

In T.K. v. New York, [infra], Judge Weinstein noted (as obiter dictum) that schools may be under an obligation to protect students from bullying under the Due Process Clause (Id. at 307).

“A school may be appropriately held liable in tort for a bully's acts if it is found that the school failed ‘...to adequately supervise the students in their charge and they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision.’” (Smith v. Poughkeepsie City School Dist. (2007) 41 A.D.3d 579, 580.)

The Court’s Decision

“No one gains from ignoring school bullying — not even the bullies themselves. The students who are bullied may suffer lasting scars in the form of an inferior education, emotional damage, and decreased self-confidence; the bullies are left to continue on a path that may lead to future violence. (See Gayle L. Macklem, Bullying and Teasing: Social Power in Children's Groups 42-47 (2003) [noting that bullying may lead to sexual harassment and an increased likelihood of being convicted of a felony.]) Bullying and inappropriate peer harassment in its many forms provides an unacceptable toxic learning environment.” (T.K. v. New York City Department of Education (2011) 779 F. Supp. 2d 289, 293.)

“A school is under a duty to adequately supervise the students in its charge and is liable for foreseeable injuries proximately related to its failure to provide adequate supervision. (Elissa v. City of N.Y. (2014) 990 N.Y.S.2d 780, 782 citing Palmer v. City of New York (2013) 109 A.D.3d 526, 527 citing Mirand v. City of New York (1994) 84 N.Y.2d 44, 49.)

“However, the duty to adequately supervise the students is co-extensive with the school's physical custody and control over them.” (Elissa, supra, 990 N.Y.S.2d at 782 citing Pratt v. Robinson (1976) 39 N.Y.2d 554, 560 see also Maldonado v. Tuckahoe Union Free Sch. Dist. (2006) 30 A.D.3d 567, 568.)

Documents for Education and School Bullying in New York

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Letitia James Attorney General of the State of New York v. Lauren Kunz-Chateauneuf aka Lauren Kunz, aka Lauren Chateauneuf, Suzanne Nugent, Eric Millecan document preview

Petition for Removal of Directors

52 pages

INDEX NO. E2024007289 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2024 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3848000 Book Page CIVIL Return To: No. Page…

Case Name Letitia James Attorney General of the State of New York v. Lauren Kunz-Cha…