The ABCs of Bullying
Addressing, Blocking, and Curbing School Aggression
Bullying and the Law
Is it against the law to bully? What are the rights and responsibilities of schools, parents, and students when it comes to providing a safe environment for learning? What are a school's obligations when a student has confided in a counselor about a bullying incident? What are a school's legal obligations when a student says he plans to harm himself or others?
These are just a few of the legal and ethical issues schools and mental health professionals must address when working with children on bullying and family violence.
As with many complex social problems, these questions demand more than a simple "yes" or "no" answer or legal citation. Some bullying behaviors, such as racial or sexual bullying, are a violation of civil rights laws. Physical bullying can be charged as an assault. Some forms of bullying, such as teasing and intimidating, however, are not illegal. In describing bullying actions that had left her daughter devastated, one mother noted of her daughter's tormentors, "Nothing they do (or don't do) is against the rules." ref
Whether or not the bullying behavior is technically illegal, creating lasting change among communities that have acknowledged the presence of bullying requires more than a legalistic response. At the same time, communities are aware of the need to use the law to protect the rights of individuals and to prevent actions for which they might be liable.
Laws that clearly define duties and rights also serve the purpose of sending the message to students, parents, and the public that bullying behaviors are not acceptable. Absent strong standards, including legal ones, schools and communities that fail to "adapt to circumstances," as the Chinese proverb says, may find themselves in an antagonistic relationship with victims and members of the public who will seek legal and other remedies to bullying problems.








