Parents Need AnswersNo parent wants their child to suffer bullying. At schools, parents expect their children to be in a safe environment. However, school can be a nightmare for many students – especially those who are targeted by their peers. Many parents come directly the schools for answers to their questions. Why are their kids being bullied? What is being done to address the bullying and bring it to an end? Why is the bullying continuing? Many parents believe that schools and the entire districts are simply not doing enough to prevent these brutal attacks. Some even claim that the lack of action is contributing to these incidents. Are schools behind all of this? Have schools really failed to keep students safe?
Understanding School and District Liability for Bullying IncidentsCould a school or a school district be liable for the harm that students suffered by students in bullying incidents? Teacher aids, teachers, and all school staff including office workers, counselors, deans, and security personnel have a duty to keep the students safe above all else. If you have ever witnessed a school fight, you might remember staff members rushing to split up the fight. In the Moreno Valley incident that resulted in Diego’s death, there was no immediate response. The student was struck once; he was then struck another time by another student, which resulted in Diego hitting his head on a concrete pillar as he falls. Diego is hit another time by the first student to become physically violent. Would Diego still be alive if the incident would have come to an end before it ever became physical? Without a doubt, if Diego had never been attacked, he would not have suffered the injuries that would have eventually killed him.
Find out more about how we can help you. CHAT LIVE with a representative now.The video of the fight shows that it was the second strike that caused Diego to fall and hit his head. Would Diego still be alive if the incident would have been stopped before the second student hit him? Or, was it the third and final hit that resulted in the devastating injuries that eventually killed him? Would Diego still be alive if the incident would have been stopped before the last hit? The school (everyone who works in the school) has a duty to protect the students. This means that staff has to immediately respond to incidents to prevent them from worsening. When they fail to break up altercations and prevent fights, they are breaching their duty of care towards students, which could result in significant harm. According to reports, the school was aware that Diego was being bullied – both he and his mother complained to the school. However, it appears that the school took no action to address the issue. After the initial reports of the bullying, the school should have quickly addressed the situation – doing everything necessary to prevent the bullying from continuing. Some examples of things that the school could have done include changing the students’ schedules, suspending the students who were bullying, and expelling the students that were bullying, for example. Could the school and the district be liable for the death of Diego? Based on the information that is available so far, the school didn’t do enough to protect Diego and prevent the bullying from continuing – the school didn’t do enough to prevent the incident that ended up killing the boy.