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Failure to Prevent Bullying = Liability for Discrimination?

September 29, 2011

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Last week New Jersey legislators passed an "Anti-Bullying Bill of Rights." The bill revised the 2002 New Jersey law on harassment, intimidation, and bullying in public schools. According to one legislator, the Bill "makes it clear that preventing and responding to incidents of harassment, intimidation and bullying are not optional." Rather the Bill sets forth specific protocols for investigating, reporting and training necessary to deal with bullying. The question for schools and courts to consider going forward is whether implementation of the protocols and/or the failure to do so, will render the schools liable in discrimination suits commenced by/on behalf of the bullied students.
Thanks to Cheryl Fuchs for her contribution to this post.
<a href="http://www.nj.com/news/index.ssf/2010/11/nj_legislature_sends_anti-bull.html">http://www.nj.com/news/index.ssf/2010/11/nj_legislature_sends_anti-bull.html</a>
<a href="http://www.njleg.state.nj.us/2010/Bills/A3500/3466_S1.PDF">http://www.njleg.state.nj.us/2010/Bills/A3500/3466_S1.PDF</a>

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