Bullying at school has taken an ugly twist via the Internet and cyberbullying, but an article yesterday pointed out the potentially disastrous dangers of a specific type of schoolplace harassment called “sexual bullying”. For anyone who hasn’t heard about it before, one good definition used frequently for the term is “bullying, physical or non-physical, that is based on a person’s sexuality or gender.”

The consequences of sexual bullying can be very serious, and even deadly. The piece passed on the tragic stories of two young boys, 11-year-olds Jaheem Herrera and Carl Walker-Hoover, who both committed suicide after being bullied in ways that included the use of gay slurs. One expert, University of Illinois professor Dr. Dorothy Espelage, said that Carl and Jaheem suffered from sexual bullying, and that the problem may be bigger than people think. Indeed, Dr. Espelage indicated that “half of all bullying in elementary and middle schools involves the use of gay slurs”.

People reading this may be wondering whether schools have any legal obligation to prevent this type of sexual bullying, and can they be held liable for the consequences of failing to take appropriate action?

Noteably, that Supreme Court case didn’t deal with gay or lesbian issues. However, the Department of Education’s Office for Civil Rights has said that even though Title IX does “not prohibit discrimination on the basis of sexual orientation”, sexual harassment directed to gay or lesbian students is also prohibited if severe enough. That said, the same document explicitly states that “heckling” based on a student’s sexual orientation", without conduct of a sexual nature, is not covered by the law.

It should be noted that other federal laws, as well as some state and local laws sometimes address discrimination and/or harassment based on sexual orientation, even if Title IX does not. And last but certainly not least, where schooplace bullying or harassment leads to tragic results, schools could potentially face state personal injury or wrongful death lawsuits. The links below have more information to more resources and information on bullying and harassment at school.

  • On Common Ground News: Supporters rally for DeKalb fifth-grader who was bullied
  • OPRAH.com: When sexual bullying turns deadly (CNN.com)
  • Federal Gender Discrimination Laws (FindLaw)
  • Committee for Children: Bullying and Sexual Harassment in Schools (cfchildren.org)
  • Sexual Harassment Guidance for Schools (www.ed.gov)
  • Wrongful Death Information (provided by DeVore Acton & Stafford, PA)
  • Gender Discrimination Basics (FindLaw)

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