Can I sue the School District administrator for harrassment on behalf of my 9 year old son?
Full Question:
Does my 9 year old son or I have any rights to sue a Smith County School District administrator for harrassment and possibly the school district for failing to resolve the issues with this administrator?
05/22/2007 |
Category: Civil Actions |
State: Nevada |
#5619
Answer:
You should seek the advice of a local attorney regarding your specific circumstances, but the relevant Nevada statutes are as follows:
NRS 200.571 Harassment: Definition; penalties.
1. A person is guilty of harassment if:
(a) Without lawful authority, the person knowingly threatens:
(1) To cause bodily injury in the future to the person threatened or to
any other person;
(2) To cause physical damage to the property of another person;
(3) To subject the person threatened or any other person to physical
confinement or restraint; or
(4) To do any act which is intended to substantially harm the person
threatened or any other person with respect to his physical or mental
health or safety; and
(b) The person by words or conduct places the person receiving the threat
in reasonable fear that the threat will be carried out.
2. Except where the provisions of subsection 2 or 3 of NRS 200.575 are
applicable, a person who is guilty of harassment:
(a) For the first offense, is guilty of a misdemeanor.
(b) For the second or any subsequent offense, is guilty of a gross
misdemeanor.
3. The penalties provided in this section do not preclude the victim from
seeking any other legal remedy available.
NRS 388.125 "Harassment" defined.
"Harassment" means a willful act or course of conduct that is not
otherwise authorized by law and is:
1. Highly offensive to a reasonable person; and
2. Intended to cause and actually causes another person to suffer serious
emotional distress.
NRS 388.135 Harassment and intimidation prohibited.
A member of the board of trustees of a school district, any employee of
the board of trustees, including, without limitation, an administrator,
principal, teacher or other staff member, or any pupil shall not engage in
harassment or intimidation on the premises of any public school, at an
activity sponsored by a public school or on any school bus.
NRS 388.133 Policy by Department concerning safe and respectful learning
environment.
1. The Department shall, in consultation with the boards of trustees of
school districts, educational personnel, local associations and
organizations of parents whose children are enrolled in public schools
throughout this State, and individual parents and legal guardians whose
children are enrolled in public schools throughout this State, prescribe
by regulation a policy for all school districts and public schools to
provide a safe and respectful learning environment that is free of
harassment and intimidation.
2. The policy must include, without limitation:
(a) Requirements and methods for reporting violations of NRS 388.135; and
(b) A policy for use by school districts to train administrators,
principals, teachers and all other personnel employed by the board of
trustees of a school district. The policy must include, without limitation:
(1) Training in the appropriate methods to facilitate positive human
relations among pupils without the use of harassment and intimidation so
that pupils may realize their full academic and personal potential;
(2) Methods to improve the school environment in a manner that will
facilitate positive human relations among pupils; and
(3) Methods to teach skills to pupils so that the pupils are able to
replace inappropriate behavior with positive behavior.
