Complaints from students and parents alleging student on student harassment are on the rise. One particular case, Doe v Forest Hills Public Schools, Case No. 1:13-cv-428 (WD Mich), resulted in a school district (or its insurer) paying a $600,000 settlement. Given the stakes, it is worth reviewing some basic guidelines for handling harassment and similar complaints.

District policies and procedures are the school district's first line of defense. Harassment complaints, of whatever type, may be covered by school district policies addressing student discipline, bullying or illegal harassment. Thus, the school district's Board of Education and administration should work with legal counsel to create, adopt and implement legally sound policies and administrative regulations covering all of these subjects.

Staff training is the second line of defense. This is absolutely crucial, particularly for those school administrators who are accountable for applying policies covering student discipline, bullying and illegal harassment. There are many myths and misunderstandings surrounding these areas of the law, some of which resulted in the poor outcome in the Forest Hills case. Read more...