Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

Mike a fifth grade student complained to his teacher about

Customer Question
another student who repeatedly harassed...
Mike a fifth grade student complained to his teacher about another student who repeatedly harassed him. Mike told his teacher that Jenny tried to kiss him on the playground and tried to kiss him during after school sports. When Mike rejected Jenny's interest, she called him gay and got other classmates to call him a fag. Mike refused to come to class and his grades dropped. When Mik'es mom called to complain to the teacher about the harassment, she teacher said that this is typical schoolyard banter but agreed to make the harassers stay in durin recess as a punishment. Would the school district be held liable for peer harassment?
Submitted: 8 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 8 minutes by:
12/1/2009
Lawyer: Legalease, Lawyer replied 8 years ago
Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16,388
Experience: 15 years exp all aspects of general law
Verified

Yes, this is actually sexual harassment between the students and you should check to see if the school district actually has a written policy prohibiting these things from going on. If you do not feel that the teacher's reaction was strong enough and/or the children are still doing it, then you should take the matter to the school principal and/or the school superintendent until it does stop. Perhaps they can suggest a plan to have a counselor speak with all of these students to show that this is not appropriate behavior and/or move Mike's classroom so he is not in constant contact with the same children. You should not give up and be brushed aside on this matter if you believe it is deeply concerning to Mike and to you. Obviously, the school should be taking some appropriate, positive action to make sure these kids know that this behavior is wrong. If you get no satisfaction, you may want to talk to an attorney who can re-inforce your requests with a letter to the school (suing the school system is an extreme last resort -- and it might be difficult to get an attorney to handle a case like this to sue, but you should be able to get an attorney involved to write a letter on Mike's behalf).

 

I know that the attitude of the teacher is "kids will be kids" -- but when the behavior becomes so extreme that one child does not want to go to school anymore, then something must be done above the teacher's head to handle the matter.

 

GOOD LUCK

 

Please press the GREEN ACCEPT BUTTON so I will be paid for my time.

 

THANK YOU

Ask Your Own Legal Question
Customer reply replied 8 years ago
This is just a made up case so what constitutional arguments and policay arguments can I use?
Lawyer: Legalease, Lawyer replied 8 years ago

 

It is a case of sexual harassment. And, if there is a policy in place in the school district for handling sexual harassment claims, then they are not following their own policy.

 

I will opt out and let other experts weigh in on the subject if they so choose to do.

Ask Your Own Legal Question
Customer reply replied 8 years ago
This is a made up scenario so I don't know about the schools policy. This is for a paper I have to write and I have to explain if the school would be held liable for the harassment, so what arguments can I conclude in my paper?
Lawyer: Legalease, Lawyer replied 8 years ago
They can be held liable for the sexual harassment if they do not handle it appropriately when the parent complains. If an institution such as a school sets forth a policy to handle sexual harassment cases and then it can be shown that the teacher did not put the parent on the right path to addressing the sexual harassment of her son in the manner set forth according to the school policy, then the school can be sued and held responsible for the sexual harassment. However, if the school responds appropriately and moves Mike to another class and/or gives counseling to the other students that this type of behavior is unacceptable, then the parent will not have a lawsuit that can be won in court. In sexual harassment claims, it is the response of the organization (school, employer) that can make all of the difference here.
Ask Your Own Legal Question
Ask Legalease Your Own Question
Legalease
Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16,388
16,388 Satisfied Customers
Experience: 15 years exp all aspects of general law

Legalease is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I have a question regarding harassment. Minnesota. My
Hi - I have a question regarding sexual harassment. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
My car insurance policy was canceled because I was
Hi, my car insurance policy was canceled because I was ill-informed is there something I can do? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I have a question about harassment.. It will be related to
Hi JA: Hello. How can I help? Customer: I have a question about sexual harassment JA: Because laws vary from place to place, can you tell me what state this is in? Customer: Virginia JA: Has anything … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,966 satisfied customers
I am being sexually harassed on my job. I feel my civil
I am being sexually harassed on my job. I feel my civil rights have been violated. I know this sounds crazy, but they are playing games with my head. It is very stressful. They are trying to force me … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
I have been sexually harassed at work. They fired the person
They fired the person who harassed me but they didn't try to comp me I'm damaged … read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
For some reason my boss ex girlfriend is always harassing
For some reason my boss ex girlfriend is always harassing she call me all sorts of name like you illigal sex slave can i take action against her i ben if i dont have any prove of current harrasment bu… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I filed a harassment claim with the company I was working
I filed a sexual harassment claim with the company I was working for in 2013. In Virginia they had to investigate the incident before I could file a claim in court. I received the right to sue but the… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
How does a company investigate accusations of harassment?
How does a company investigate accusations of sexual harassment? Isn't it ones claims against the other? How can they tell if the victim is telling the truth?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
Can a policy owner borrow against a life policy without the
can a policy owner borrow against a life policy without the signature of an irrevocable beneficiary … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I was sexually harassed at University in dc in the 1990's by
i was sexually harassed at Howard University in dc in the 1990's by the deputy comptroller. I did not file a claim because I was the primary income source at the time and was afraid of the mere fact o… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
It's a harassment issue. Ct. Union. It is a problem with a
It's a sexual harassment issue JA: Because laws vary from place to place, can you tell me what state this is in? Customer: ct JA: Is the employment agreement "at will," union, full time or part time? … read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
Can i be accused of harassment for giving birthday card to
can i be accused of sexual harassment for giving birthday card to colleague … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
I was recently sexually harassed at work. (Felt up) I went
I was recently sexually harassed at work. (Felt up) I went to my direct superior about this after it happened. I did not go to HR rep because she is the co-owner. And Jesus, the one who grabbed me is … read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
From 1997-2001 I was sexually harassed by my supervisor, I
from 1997-2001 I was sexually harassed by my supervisor, I was forced to retire due to the harassment and medical problems. We both were employed by the Department of Justice, Federal Bureau of Prison… read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
I recently moved from an apt for being sexually harassed by
I recently moved from an apt for being sexually harassed by another tenant. Landlord emailed me that I have 2 weeks to pay him the remaining 2 months or he will file suit against me. … read more
Bill Attorney
Bill Attorney
law
1,604 satisfied customers
I was sexually harassed by my employer at MGH. I have not
Hi, I was sexually harassed by my employer at MGH. I have not brought in any lawyers, but I am working it out with HR now. He already has a sexual harassment charge on his file. I am considering settl… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,323 satisfied customers
I think I got sexually harassed, Massachusetts, No it
Hi I think I got sexually harassed JA: Because laws vary from place to place, can you tell me what state this is in? Customer: Massachusetts JA: Has anything been filed or reported? Customer: No it ha… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
My landlord has been sexually harassing me and has now put a
My landlord has been sexually harassing me and has now put a 30 day notice on my door. … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,343 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x