Legal Question in Civil Rights Law in Illinois

School Harassment

My daughter is being harassed at school by other students to the point where she gets physically sick when she goes to school. Because of this, she is seeing a counselor, but she is cutting her classes where she feels extremely harassed. Is it not the responsibility of the school to create a safe environment for every student? My daughter dresses very punk and is made fun of constantly. Even so, doesn't a student have the right to express theirself in dress without being harassed by other students? I have a meeting along with my ex-wife with the principal tomorrow and would really appreciate if you could give us some legal rights to take with us. Thank you very much.


Asked on 11/19/02, 11:58 am

2 Answers from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: School Harassment

Schools have very little control over the conduct of individual students who tease another student. While schools are required to create a "safe" atmosphere, that basically means that the school cannot allow your daughter to be harmed physically.

The issues you address in your question seem to deal more with your daughter's behavior and you may want to speak with the counselor before meeting with the principal.

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Answered on 11/19/02, 12:12 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: School Harassment

Your thinking is right on the money, unless the school has a specific dress code, which it is permitted to have. Otherwise, the creative expression of students should be one of the more important interests the school should encourage, and protect.

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Answered on 11/19/02, 2:31 pm


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