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7/31/2011
Jonathan Cooper
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After Bullied Student Retaliates, High School Reponds by Expelling Him


If this story is true - and, I must admit, this student's version of events certainly sounds credible - this may be one of the more disturbing stories about school bullying that I've heard.

In a case that was reported in Baltimore last week, a high school student was apparently expelled from his school just prior to graduation, because after years of being tormented both physically and emotionally for being a "book worm" with a nervous habit, and having the school repeatedly ignore his calls for help, this student finally responded to two of his attackers by picking up a screwdriver and threatening: "I've had enough. If you leave me alone, I'll leave you alone."

The school's response: they expelled the student who was being bullied; the other students - it seems - were left alone.

To be sure, a student who threatens other students with a screwdriver should be severely disciplined - and perhaps expelled. On the other hand, it also appears that he has now been victimized again - but this time by the educational institution itself rather than its student body; in effect, the school has chosen to penalize this student yet again for the school's own negligence in failing to adopt and enfoce a zero tolerance policy for bullying.

Stated differently, it seems very clear that the school - had it been discharging its responsibility to this student's safety properly, this incident very well might not have occurred. And for that reason - and on policy grounds - I think that the school should be deemed negligent as a matter of law.

Category: School Negligence / Negligent Supervision



Author of the Free consumer guide to New York accident cases, "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," Long Island and Queens, New York school negligence, school injury, negligent supervision and child injury lawyer Jonathan Cooper is available to answer your questions regarding school liability for negligence under New York law. For additional information on these topics, please feel free to contact his main office in Nassau County, Long Island at 516-791-5700.



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