I have spent a lot of time researching the best ways to get these cases in Federal Court, so you don't get "home cooked" in the State Court. Getting into Federal Court means that you must demonstrate how the bullying has violated the student's civil rights, in a school system, for example. We do that by showing that the harassment comes from gender, is sexually based, or is based on religion, race, or a handicap.
I am preparing a complaint for filing right now and we are alleging a peer on peer, same gender, sexual harassment. We have other issues in the complaint, but one of the key issues is that the boys who bullied my client not only assaulted him physically, but they called him names like "faggot" and "bitch."
Now, these names clearly indicate that they were assuming something about his sexual orientation. Further, they would not have been made but for the fact that he was a male. He was told many times by the bullies that hey "hate faggots." Now, my client is not, in fact, homosexual, but he was still exposed to unwanted and intrusive harassment based on gender and sexual orientation.
This is just one of the arguments that we have raised to demonstrate that the bullying was a violation of his rights. This, coupled with the fact that the school system ignored the bullying for over two yearas and took no reasonable action to help my client demonstrates what I believe are serious enough violations of civil rights law to allow the matter to go forward in Federal Court.
Of course, the State cliams, assault and battery, negligence, infliction of emotional distress, are all preserved if the Federal Court does not allow the case to proceed there.
If you have been bullied, or know someone who has, please contact us: The Vogel Law Firm at 865-357-1949 or email me directly at rlvogel@robertvogellaw.com
Bullying is a huge problem and it continues to grow. I had to deal with this when my youngest son was in middle school which was several years ago. Bullying is also a problem in the work place. I have be a RN for almost 20 years and I have seen it in my line of work and it is a growing epidemic there as well. I started noticing a pattern and couldn't believe what I found when I was ask to do a mini educational moment and I researched bullying in the work place. I guess what surprised me so much was the fact that we are adults now and are suppose to be professionals. Some don't act like professionals. In the healthcare system bullying can lead to patient safety issues. We leave our loved ones in professional hands trusting they will be taken care of so who would ever think that our loved one could potentially be harmed or a significant change in ones condition overlooked due to bullying. Well it happens and at times the outcomes can be fatal. I for one was impressed to see an attorney be so willing to take on something like "bullying". Thank you Mr. Vogel for caring enough. I do not know if you have had issues with the workplace or healthcare system but believe me it happens.
ReplyDeleteThank you,
Sharon Lewis RN
Legal Nurse Consultant
If I can ever be of assistance to you please give me a call.