Sad story here. A 4th grader was bullied and allegedly raped at his public elementary school, but his mother canâ€™t sue because she filed her complaint with the Pennsylvania Human Relations Commission too late.
So far, two courts have called her complaint â€œuntimelyâ€ because she didnâ€™t file within 180 days, meaning she didnâ€™t exhaust her administrative remedies, so they donâ€™t have jurisdiction.
According to her lawyer, that means â€œPennsylvania school districts have no duty to protect children from discriminatory bullyingâ€ under state law if the victimâ€™s parent doesnâ€™t complain on time, and minors canâ€™t file complaints.Also, according to the appealâ€™s courtâ€™s decision, neither the PHRC â€œnor Pennsylvania courts have recognized discrimination claims under the Pennsylvania Human Relations Act based on student-on-student harassmentâ€ so â€œthat argument must be made to the legislature, not the courts.â€
We’ll keep following this.
Had trouble reading the article above after scanning? Try again below, orÂ click hereÂ to see it on the paperâ€™s website.
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
Click here to returnÂ to theÂ PGN, 2019: Reporter, Copy Editor, Social Media SpecialistÂ page.