Last Updated on November 18, 2024 by Michelle Ball
By Michelle Ball, Sacramento California Expulsion, Special Education, sports/CIF, College, Education and School Attorney/Lawyer for Students since 1995
Some of the saddest school stories involve students who are bullying victims. This is bad enough alone, but sometimes the humiliation and constant abuse are not the worst thing that happens to a bullied student. Instead, sometimes schools punish the bullied student when they fight back, to try to stop the torment. A bullied student may even be suspended or expelled while the bully stays in school, roaming free.
It’s quite ironic, but in an extra sad way.
Unfortunately, this happens frequently in California schools when school staff forget their job.
Student Bullying Must Be Handled by Schools, Right?
Schools are legally obligated to take action when a staff member observes or is informed about student bullying. So, it is logical to assume that a school will act on reports of student targeting, harassment and bullying, right?
But will they?
The negative outcomes to students from bullying are well known and undeniable. In fact, over the last decade or two, the word “bullying” has become a buzz word in education. There is broad agreement that “something has to be done” about bullied students in school.
However, this seeming support for the bullied may be limited to social media. In our schools, bullied students are not always protected. In fact, many, many reports of student bullying go unaddressed by schools.
What If School Doesn’t Handle Bullying When Reported?
If a student or parents report bullying, or a teacher or school staff member observes bullying, and it remains unaddressed, a negative, dangerous situation persists for the bullied student.
While the school pretends no harassment or targeting is occurring, the bullied student and their family may go into a sort of apathy. The student may feel like there is nothing they can do and that they have to endure the bullying. This is because the school “authorities” seem to say this is not bullying. Meanwhile, the student must continue attending school daily (it’s the law).
But, every day will turn to hell for the bullied student.
The student can feel lost, alone, and depressed, as no one is helping them stop the bullying. The student may soon decide to take the matter into their own hands.
Bullied Students May React Violently to Bullies
Unfortunately, when a bullied student reacts to a bully, by pushing the bully back, hitting the bully, or even bringing a weapon, they may be punished.
The bullied student’s history of abuse often is ignored as an underlying cause for the student’s negative reaction.
Instead, schools may focus only on the violence the bullied student inflicted, to support suspension or expulsion.
Punishment of Bullied Student for Reaction Seems Unfair
Is this school punishment of the bullied student fair? Maybe not, but it is likely legal if the bullied student was violent or broke a rule.
Regardless, school punishments often are not “fair.” School staff have selective memory, and selective enforcement of discipline rules. If they did not, the bully would long ago have been removed from school and the bullied student would be free, right?
Too often, I see bullied students in this situation. The school staff have been told about the bullying but do nothing. Meanwhile, no one seems to care that the student is being pummeled in the bathroom, called “gay” or degraded for their race, and are unable to focus in school. The bullied student may feel no one cares. The student would not be wrong.
Unfortunately, the student then “takes action” themselves and it can get them into trouble.
Sometimes they bring a weapon. Sometimes they beat up the bully. Sometimes they self-harm. Often they end up punished via suspension or maybe even expulsion.
What Can Parents Do?
Once bullying is reported, the school legally must address it, period. But, if the school does not, parents should not give up. They can move up to the school district, outside government agencies, or seek legal help.
The student also has the option of a priority school transfer, (which is not always the best option, but IS an option).
The bottom line is that the bullied student is suffering and being harmed. Parents need to ensure the student is helped and protected. A student’s life is far too important to ignore the terrible results which can occur when bullying is ignored.
Don’t Give Up!
Parents should not stop until they get the bullying matter addressed.
Don’t wait until the student victim has to come up with violent plans to try to “deal with” the bully. Suspension or expulsion may thereafter haunt the student for years to come, including when applying to college.
It is far better just to get the bullying addressed so the student can continue on, happy in life.
Student lawyer Michelle Ball helps when students are targeted at school or parent reports are ignored. As an education attorney in Sacramento California, she can assist statewide, including in Auburn, Woodland, Modesto, Oakland, Napa, Los Angeles, Santa Barbara and many other places.
Originally published January 12, 2016
