Sad story here. A 4th grader was bullied and allegedly raped at his public elementary school, but his mother can’t sue because she filed her complaint with the Pennsylvania Human Relations Commission too late.
So far, two courts have called her complaint “untimely” because she didn’t file within 180 days, meaning she didn’t exhaust her administrative remedies, so they don’t have jurisdiction.
According to her lawyer, that means “Pennsylvania school districts have no duty to protect children from discriminatory bullying” under state law if the victim’s parent doesn’t complain on time, and minors can’t file complaints.
Also, according to the appeal’s court’s decision, neither the PHRC “nor Pennsylvania courts have recognized discrimination claims under the Pennsylvania Human Relations Act based on student-on-student harassment” so “that argument must be made to the legislature, not the courts.”
We’ll keep following this.
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School district incurs $2 million in legal expenses in bullying cases:
Appeals court hears arguments in grade school same-sex rape case: http://www.epgn.com/news/local/13995-appeals-court-hears-arguments-in-grade-school-same-sex-rape-case
Phila. school district appeals $500,000 award for bullying victim: http://www.epgn.com/news/local/13944-phila-school-district-appeals-500-000-award-for-bullying-victim
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