Question

Students should be held legally responsible for bullying in school. Write view as well as counter view

Answer 1

Bullying and hazing are problems that have tormented school-age children for years.

But, should bullies be held legally responsible for any harm they cause?

Tragedies like the Columbine shootings in the 1990’s have constantly called to mind our national sensibilities as to what really happens in our school yards, and what school administrators are doing about it. The most prevalent fact is that bullying continues, often with devastating effects on children’s feelings of self-worth and self-esteem. Sometimes childhood depression leads to extremes.

What actions should we take against bullies?

According to a local Albuquerque News Report an 11-year-old bullying victim said she was tormented so much that she tried to commit suicide. In the report the girl was shown, with her mother, alongside a drawing she had made. The drawing was a depiction of how cruel her classmates had treated her. In situations like this we are simply relieved to know that the child is okay, and that something is being done to prevent future occurrences, however, no matter what we seem to do the problem persists, and some wonder if more drastic remedies should be taken against bullies.

The law is not entirely blind to the issues involved in cases of what essentially amount to hurt feelings (for here we are not including bullying that involves physical contact) and provides a means of recourse though lawsuits alleging Intentional Infliction of Emotional Distress (IIED). When a plaintiff brings an IIED lawsuit they must prove that the conduct of the Defendant was extreme and outrageous under the circumstances; that the Defendant acted intentionally or recklessly; and, as a result of the conduct, the plaintiff experienced severe emotional distress[1]. Extreme and outrageous conduct is that which goes beyond the bounds of common decency and is atrocious and intolerable to the ordinary person and emotional distress is “severe” if it is of such an intensity and duration that no ordinary person would be expected to tolerate it. Bullying seems to fit perfectly under all of these factors, yet lawsuits are not commonly pursued.