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Bullying vs. Discriminatory Harassment

Bullying vs Discriminatory Harassment in Schools

Students deserve to feel safe and supported in their learning environment. Bullying and harassment can negatively affect a student’s ability to participate in school.

While bullying is often addressed through school policies, certain types of harassment may violate civil rights laws when the behavior targets a student because of a protected class.

Understanding the difference between bullying and discriminatory harassment can help students, parents, and educators recognize when civil rights protections may apply.

What is Bullying?

Bullying generally refers to repeated behavior that is intended to harm, intimidate, or control another student.

Bullying may involve physical actions, verbal statements, or online behavior.

Examples of bullying may include:

  • Name calling or insults
  • Threats or intimidation
  • Spreading rumors about a student
  • Excluding a student from social groups
  • Cyberbullying through social media or messaging

Schools often address bullying through school policies and disciplinary procedures.

What is Discriminatory Harassment?

Discriminatory harassment occurs when bullying or harassment targets a student because of a protected class.

Protected classes in education may include:

  • Race
  • Color
  • Religion
  • Sex
  • Disability
  • National origin
  • Ancestry

When harassment is based on a protected class and interferes with a student’s ability to participate in school programs or activities, it may violate civil rights laws.

How Schools May Address Harassment:

Schools often have policies and procedures to address bullying and harassment among students.

When discriminatory harassment occurs, schools may have a responsibility to take steps to address the behavior and ensure that the affected student can continue participating in school safely.

This may include investigating complaints, addressing harmful behavior, and taking steps to prevent further harassment.

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When Civil Rights Laws May Apply:

Civil rights protections may apply when harassment is based on a protected class and is serious enough to interfere with a student’s education.

Examples may include situations where harassment is:

  • Severe or repeated
  • Ignored or not addressed by school staff
  • Interfering with a student’s ability to attend classes or participate in school activities

Each situation is evaluated based on the specific facts and circumstances.

If You Believe a Student’s Education Rights Were Violated

If you believe a student was treated unfairly because of a disability or denied appropriate accommodations, you may be able to file a discrimination complaint.

The Indiana Civil Rights Commission investigates complaints involving discrimination in education, employment, housing, credit, and public accommodations.

To learn more about filing a complaint, visit the How to File a Discrimination Complaint page.