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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Education Law
Satisfied Customers: 111503
Experience:  Attorney handling education matters.
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Our school system tells the victims that if they get hit, they

Customer Question

Our school system tells the victims that if they get hit, they are suppose to not hit back and more or less take it till a teacher intervenes. That is their policy, and if the kid hits back they get suspended as well. I totally agree we don't need fist fights in the hallways at school, but isn't this telling the victim they are not worth much, I asked the superintendent what would he do if someone hit him, he would not give me an answer. It seems as those the jocks can do as they please and it is covered up. Why are they giving into a bully. I don't agree with their policy and going to go before the school board in a week and I want to know the victims rights.
Submitted: 8 months ago.
Category: Education Law
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The OH schools have a zero tolerance policy for any type of physical violence between students. They also are to have an anti-bullying and anti-violence policy in place. While I do not agree with a student not being able to defend themselves from a physical attack, the courts have allowed schools to suspend students even when they were only defending themselves from a physical attack if they hit back. Schools and society have changed since you and I were in school and I am afraid that there is no tolerance at all for a student hitting back even to defend themselves. Zero tolerance is meant to mean zero, regardless of who commits the physically violent conduct and regardless of the reason.
However, if the school is not enforcing their anti-bullying policy and their zero tolerance policy for physical violence, then this is grounds to actually sue the school for the emotional and physical damage suffered by the child.
The school is not supposed to be "covering up for the bully" and when you go to the board you need to present the facts of each instance where the victim followed the school policy not hitting back and reporting the matter as required and no action was taken. So, if this conduct continues, you have a right to sue the school for not properly enforcing their rules and protecting these children from such violence.

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