What Exactly is Bullying Under Delaware Law?
School bullying can be physical, verbal, written, electronic, or any combination of these types of actions. In Delaware, whether certain actions constitute bullying depends on a “reasonable person” standard. For instance, a particular action is considered bullying if, in the opinion of a reasonable person, it would place a student in fear of:
(1) substantial harm to her physical well-being
(2) substantial harm to her emotional well-being or
(3) substantial damage to her property
An action is also deemed to be bullying if a reasonable person believes that its pervasiveness or persistence has the effect of creating an educational environment that is:
(1) hostile
(2) threatening
(3) humiliating or
(4) abusive
Another form of bullying in Delaware is where one or more of these actions interferes with the student having a safe environment while at school.
After speaking with parents of students who have been bullied, it seems to me that educators at both the school and district level have a problem distinguishing between acts of bullying and situations where kids are just being kids. Maybe the problem is that school administrators don’t get the fact that what used to be tolerated as kids just being kids should no longer be tolerated. Due to this mentality, school administrators are turning a blind eye to acts of bullying.
Here are some real life examples of what’s happening to our children in the schools.
In one case, a student was often thrown into a trash. He was also placed upside down in a toilet bowl, and had his head flushed several times. On another occasion, he was stripped nude, tied up, and again placed into a trash can.
In another case, a girl student was frequently called a “slut” by other girls, and a male student sitting next to her in class and would stick his hand down her pants. School officials actually observed this behavior and looked the other way.
A gay student was constantly being called names like "fag," "butt pirate," "fairy," and "homo." Other students lassoed him around the neck and suggested dragging him behind a truck.
Many victims of bullying live in constant fear for their safety. Their schoolwork suffers and their grades fall. Their health also deteriorates. Isn’t it time for school officials to take action to protect our kids when they’re in school?
