Tuesday, May 22, 2012

More Problems for Bully

The central reason the Longs? lawsuit fails, the judge ruled, was the lack of facts showing that the school showed ?deliberate indifference? to its duty to protect Tyler. That?s the legal standard for suits like this, and to meet it, the Longs have to show that the actions the school took, or failed to take, were clearly unreasonable. The Longs, Judge Murphy said, ?fail to provide even one example of a reported incident? in which the school failed to respond, or responded unreasonably. ?The evidence shows that Defendants diligently investigated each reported incident and, when they could identify the harasser, disciplined offenders based on the severity of the incident and the accused's disciplinary history.? Judge Murphy also pointed out that the school?s disciplinary responses worked as a matter of deterrence. ?Significantly, no student who received discipline from the school ever caused problems for Tyler again after being disciplined,? the judge wrote. ?Defendants? response to the reported incidents was therefore 100 percent effective.?

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