OCR Is Right—Schools Need a Refresher on Bullying and Harassment

Yesterday, it was widely reported that a school district in Ohio is seeking to dismiss a lawsuit brought by the parents of Sladjana Vidovic, who committed suicide at the age of 16 after being bullied relentlessly. According to the complaint filed in that case, Vidovic was tormented daily at school—among other things, students threw food at her, mocked her Croatian accent and called her gender-based names like “Slutty Jana.”  In all of the coverage of the Vidovic case there is no mention of the federal laws that protect against bullying and harassment in school.

This case and many others are precisely why the recent guidance from the Office for Civil rights on bullying and harassment is so important. Last month the Office for Civil Rights sent “Dear Colleague” letters to educational institutions reminding them of their obligations to prevent and remedy harassment and bullying based on race, national origin, sex, disability and age. Contrary to the assertions by some—OCR did not break new ground here.  It reiterated existing obligations for recipients of federal financial assistance in their educational programs. But the letters contain helpful examples of bullying and harassment prohibited by Title IX and other laws, including harassment based on sex stereotypes.

It’s pretty clear that schools should examine the ways in which they might be falling short in meeting their existing obligations.  Hopefully the OCR letters will spark that analysis.