School bullying can be defined as unwanted, aggressive behavior among school aged children. Bullying behavior is repetitive and may include a real or perceived power imbalance. Bullying is a threat to a students’ emotional, psychological and/or physical well-being and may lead to low self-esteem, depression or even suicide. Unfortunately, Muslim adults often fail to appreciate the serious consequences of bullying to children and involved institutions.
At present, no federal laws directly address bullying. However, in many federal cases judges have ruled that bullying can be construed as discriminatory harassment. A school which fails to address bullying conduct that is severe or persistent for a child may be held liable by the Department of Education or the Department of Justice. States maintain separate anti-bullying laws and policies which prohibit school bullying and often outline serious consequences for bullies and institutions which fail to investigate/address bullying. For example, some states require that schools report complaints of bullying to a state agency, who may discipline the bully directly.
All schools should take immediate and appropriate action to investigate allegations of bullying and to eliminate bullying conduct. Schools should educate parents on the serious consequences of bullying, create rules against bullying and maintain an effective bullying reporting system. Failure to appropriately address school bullying can lead to permanent and extremely detrimental consequences for our children and may create liability for schools.
Cyberbullying can be defined as repeated harm inflicted through the use of electronic devices. Many states maintain criminal and civil penalties to address cyberbullying, including laws related to intentional infliction of emotional distress, defamation, stalking, or criminal harassment. States are increasingly enacting laws to make cyberbullying a misdemeanor or even a felony offense. Cyberbullying may also violate the terms and conditions of a website. Victims of cyberbullying should maintain records of the bullying conduct and notify appropriate authorities.
The author of this article can be reached via email at Justice360@muslimcongress.org.
For more information about Justice360, visit
http://www.muslimcongress.org/360.
DISCLAIMER: Justice360° Legal Bulletin’s are meant to assist in the
general understanding of the current law relating to the stated topics.
JUSTICE360° LEGAL BULLETINS SHOULD NOT BE REGARDED AS LEGAL ADVICE.
Organizations or individuals with specific questions should seek the advice of
legal counsel.