Ugh... that is terrible. But..., my confidence is teachers and the general board of education anywhere in this country is completely shot. I feel bad for that young woman and I think that that soccer coach should be ashamed of his or her statement!

I also think that unfortunately it will be a long time before the uneducated stop discriminating against others. And the school definitely should have done more for the student.

I find it hard to ever support a lawsuit against a school, especially for something as intangible as emotional suffering. Who does something like that benefit? Probably only the person filing the lawsuit. I think putting a price tag on any painful experience really cheapens it and takes away the legitimacy. If she truly wanted to make a difference while sticking it to the school, she should aim to get the media's attention MINUS the lawsuit. Unfortunately, I don't think that's what it's about. It's about money and attention.
This is just one side of the story, we don't know what measures, if indeed any, the school took to protect her. There IS only so much a school can do with limited resources and thousands of students to look out for.

After reading more on this story, I honestly cannot see how she was bullied any worse than I, or many, many, many of the people I went to school with were. Mean notes? Rude comments from a teacher? Teasing? Name calling? Welcome to school, I think this describes most peoples' experiences.

Clearly the driving factor in her lawsuit is that she's HIV positive, while the rest of us who have dealt with bullying are not. To me, just because you have HIV doesn't mean you should be guaranteed a better school experience than the rest of us get. It's sad, it's hurtful, but it's life. Kids are mean to each other, and the school can't change that.

I can't see what more the school could have done. It appears they'd talked to the alleged offenders. For something like this, which is most likely hearsay and can't actually prove fault, they couldn't have expelled or suspended anyone. This lawsuit is looking decidedly frivolous from where I'm sitting.

I hope this girl and her family win the lawsuit and teach the administrators of that school a very harsh lesson. The fact that schools have "limited resources and thousands of students to look out for" is no excuse for failing to properly help this girl. Yes, life in school is hard, and lots of people get bullied because adolescents are *ssholes, but that doesn't mean that what happened to this girl is unacceptable.

This bullying rises beyond the typical schoolyard meanness. This is as bad as, say, a handicapped person being tormented by his classmates for his handicap, a minority student being targeted for his race, or a girl enduring day after day of sexual harassment. None of which, I think, should be treated as just normal teasing that's an accepted part of life.

"I can't see what more the school could have done. It appears they'd talked to the alleged offenders. For something like this, which is most likely hearsay and can't actually prove fault, they couldn't have expelled or suspended anyone."

Of course they could have. Yeah, the offenders probably wouldn't own up to it, but surely other students witnessed the harassment and could have backed up this girl's accusations, and the school certainly could have severely punished the offenders. In fact, the school absolutely should have. Part of education is learning how to deal with others and live in a civil society, and that would have been an excellent lesson to teach.

As for the school:

"the middle schooler's soccer coach asked the girl whether she had AIDS, then told her the team could use her HIV status to its advantage because "the other team will be afraid.""

The coach should have been disciplined, severely.

"The girl's mother met with school counselors in April 2007 to complain about the harassment, but school officials took no action other than warning the students involved, the lawsuit said. The mother met with counselors three more times in 2007, and a friend of the girl's also reported the bullying."

So they did hear witness corroboration, as well as being repeatedly informed and asked for help. A warning the first time is understandable, but after that, the punishment should have escalated, especially since it sounds like it was the same group of students each time.

Like I said, this school needs to be taught a lesson.

Yeah, the witness being a FRIEND. I'm sure the bullies could have gotten their own friends to back up THEIR side of the story.
Listen, I think the bullies should be punished if it can be proven they harassed the girl. I think the soccer coach should be punished. If anyone else had a definitive hand in this, they should be punished. But to punish an entire school district?? Because of words? Come on... this isn't a lawsuit about hurt feelings or about genuinely trying to improve the school. This girl suffered the same sort of thing we all suffered in high school, and she (or, more likely, her family) saw an opportunity in it.

By the way, citing what the lawsuit says happened as fact isn't fair or necessarily correct, and you know it. That's one side of a story that I'm sure looks differently depending on where you're sitting.

Yes, if it's proven that there was not only harassment but a significant failure to prevent it on the part of the administrators, then I do think the school district should be punished, exactly as I think that if there is sexual harassment in a corporation and the organization doesn't do enough to address it, the corporation should be punished.

As for the witness being a friend, I'll be interested to see who else speaks out. It doesn't seem like this could happen without it being witnessed by others, perhaps even teachers and other school staff.

"By the way, citing what the lawsuit says happened as fact isn't fair or necessarily correct, and you know it. That's one side of a story that I'm sure looks differently depending on where you're sitting."

Yes, you're right there. I'll be glad to adjust my assertion that I hope the girl and her family win to, should this be true, then I hope the girl and her family win

"This girl suffered the same sort of thing we all suffered in high school"

No, I'm not going to compare the (vast, varied, colorful, and absolutely wretched) bullying I endured in school, first for being Asian in a predominantly not-Asian school and town, and then for having evil, mean rumors spread about me with what a girl with HIV suffered. Not going there.

Almost every stage of schooling sucks for everyone, including the popular I think. The better point of view on how terrible the taunting, teasing, etc is always in the eye of the person who was teased. Being teased over my body, my mind, my health issues,etc is in no way the same as that girl being bullied over her health, and anything else.

I am glad that the lawsuit is in federal court because she may have a better chance to win big. Indiana courts may be less likely to protect her rights, judging by the attitude of the school district.

If it can be confirmed that the coach said that, he/she will surely be fired, and may be personally liable.

Even if you want to believe her suffering was no worse than other kids endure, it still then says there's something horribly wrong with our schools and she should win in court.

She is protected by fed law! Her civil rights have been violated and she will win her case.

Wow. So Jude & Stephley, you really think a kid who is teased because of HIV hurts worse than someone who is teased because they're awkward and nerdy? Name calling hurts the same regardless of WHAT name they're calling you.
If we all sued our schools because of our negative experiences, what kind of condition would the education system be in? The fact is kids lie, bullying is hearsay, there aren't enough teachers to constantly supervise, and parents can make it hard to take any action whatsoever. Hell, if they suspended the bully based on tenuous "evidence," maybe THEIR parent would have sued. Everyone is so damn lawsuit crazy, it's repulsive. Almost as repulsive as bullying itself.

I definitely think the school/district/students should be reprimanded. I don't understand how anyone could stand by and not do anything if this girl was truly bullied. Regardless of the reason, I don't think this is acceptable in schools, and should be addressed.

I understand that it can happen, I just don't think that is reason to say it is acceptable.

I know that my daughter's 5th grade teacher had the kids do an activity that addressed the very important need to work together and to look out for each other on the first day of school this year...this is the kind of thing that does need to be reinforced in schools, why shouldn't it?

"So Jude & Stephley, you really think a kid who is teased because of HIV hurts worse than someone who is teased because they're awkward and nerdy?"

Uhhh, yeah. I wasn't teased for having a medical condition that could kill me. I wasn't teased for having a medical condition for which I might already be taking medications and suffering anyway. It's not the same thing at all.

If a kid was harassed for, let's say, having been crippled and disfigured in a horrible accident, or for, like, having cancer and losing his hair in chemo, would that be the same as being teased for being a nerd? Because it sounds like you think it might be.

While I'm here, how f*cking revolting is it that kids would see cruel humor and an opportunity to bully in someone's POTENTIALLY FATAL DISEASE?

Bullying someone because they are awkward or nerdy does not equate to bullying someone because they are HIV positive. Neing HIV positive essentially is an immutable characteristic, which raises it to the same level of scrutiny as race and gender. I agree that a certain level of bullying is to be expected in schools, it is just something that will never change. However, when the staff is a participant? They should know better.

While I don't think a lawsuit is necessary in every instance of course, I think you really raise more issues when you start choosing one student over another to protect.

That is not right.

Who are you to say the nerdy/black/gay/whatever kid wouldn't feel just as sad about bullying as the kid with HIV? I'd agree with you that it's arguably more effed up to make fun of someone for having HIV than it is to make fun of someone for being a nerd, but that has no bearing on the actual effects of the kid being teased.
So, yeah, I DO think it's equally as sad for a nerd to be harassed as it is for someone with chemo to be harassed. I don't dare cheapen the pain that some outcast kids feel by saying they couldn't possibly be just as humiliated, alienated, or depressed as the girl with HIV.

"I agree that a certain level of bullying is to be expected in schools, it is just something that will never change. However, when the staff is a participant? They should know better."
I agree with this statement 100%... which is why I think the most reasonable solution would be to eliminate the guilty staff for participating in the inevitable bullying, not sue the entire administration.

"I think the most reasonable solution would be to eliminate the guilty staff for participating in the inevitable bullying, not sue the entire administration."

I do agree with this. In a perfect world, the guilty staff would be the ones disciplined and potentially fired. But it's because they weren't that lawsuits like this exist. The benefit of winning a lawsuit like this one is that it really would teach a sharp lesson to administrations willing to turn a blind eye to such things. That's why I hope the girl and her family win.

Wow this is terrible. Poor girl!

[Who are you to say the nerdy/black/gay/whatever kid wouldn't feel just as sad about bullying as the kid with HIV? I'd agree with you that it's arguably more effed up to make fun of someone for having HIV than it is to make fun of someone for being a nerd, but that has no bearing on the actual effects of the kid being teased.

So, yeah, I DO think it's equally as sad for a nerd to be harassed as it is for someone with chemo to be harassed. I don't dare cheapen the pain that some outcast kids feel by saying they couldn't possibly be just as humiliated, alienated, or depressed as the girl with HIV.]

I defintely agree with that. At the same time, if a child is being severely bullied in school no matter what the case may be, then those of a school board who ignore the problem ought to be punished and held accountable. My husband was bullied constantly in middle school to high school for being a smart, scrawny nerd. Kids pretended to be his friends only to isolate him in the middle of nowhere and beat him up. Kids dunk him under water for long periods of time until he was almost out of breath. They pretended to gang up around him near balconies as if to push him off. He would come crying to the teachers who ignored his problems because his peers would tell the adults that he was lying and being over-dramatic. Eventually everyone grew up but today, his past scars have given him mildly severe phobias--heights, water, and blood. I can hardly get him to go up or down on some escalators, he can't dunk his head under water when we're at a pool, and he nearly faints at the sight of blood in movies. I am his closest, most trusted confidant and in a way I'm the only one who can cure his fears.

It is unfortunate that this girl has this potentially fatal disease. However, the effects of bullying are equally the same on every child. Yes, bullying may be a part of life but there is a point when teachers and the school board need to intervene. If they don't and the result is a child being traumatized, then I feel a lawsuit is warranted.

I honestly cannot relate to this. I don't remember an instance where people were bullied in this manner or the way they show it in movies. As far as I can remember everyone got along. I'm not saying that we didn't all like each other, but we were civil and friendly.

This should not be tolerated at all. As meike pointed out bullying can be debilitating to kids and they can carry it with them into adulthood. My brother has some social phobias that stem from being bullied in his youth. He is a pretty lonely individual because of this and it saddens me. I just thank God that he has his health and that he didn't have a physical illness to deal with on top of the mental abuse he suffered from his peers.

Typo Liberty!

"During the 1980s, Ryan White, a young boy would contracted HIV from a blood transfusion, successfully won the right to attend school in the district."

The thing about a win is that the school isn't really financially punished, the tax payers are.

Bluepuppy, you are lucky then. The thing is, most the time, the kid getting bullied doesn't broadcast that fact. I hit 6 feet at 12 years old but weighed as much as the regular sized girls. Awkward is putting how I looked mildly. I got teased literally every day of my life from 4th grade until about 9th when the boobs came in. I didn't even tell my parents. I just put the pain inward. I'm afraid that is what quite a few kids do and that is what causes some to snap. But being teased for anything that you cannot help in anyway is equally bad in my opinion. Saying one person feels more pain or is oppressed more will never help anything.

AI agree this bullying is wrong, I do however believe that it is no different for any kid who gets teased regardless of the reason... now the question is should the "school district" be sued for it??? I would say you would have to show ultimate proof that the school district did something wrong. And I have not seen that. Something that would be proof is if the mother went to the school board and the school board simply dismissed the claims. And again nothing like that happened. What people may not realize is that if this individual wins and gets millions of dollars, that is taking away from how many other children in that school district. It isn't like this girl wants to give her winnings to help other kids who are being bullied. It is only to help herself and it shows the greed of some people. And from what i read this girl was not beaten up, her head put in a toilet...etc.

Also bullying, like sexual harassment, is all in the eyes of the receiving party. A kid may have simply said " so you have Aids??" or maybe told another kid "did you hear so and so has Aids?" I see absolutely NOTHING wrong with that, but some would construe that as bullying. I had a co worker who was from sri lanka. I said that is was pretty much the same thing as India. She said no that she was pacific islander. And when I questioned that concept seeing as sri lanka is in the Indian ocean and not the pacific, she stomped out and complained that I was harassing her and that I should be fired. It was her hyper sensitivity and the company saw nothing wrong with what I sad. Luckily I had others that were in our presence during the conversation. So if that were anywhere near the situation (other than the coaches comment that was said once) then I think this lawsuit should die for the protection of the others student "civil rights" to say what they think.

"What people may not realize is that if this individual wins and gets millions of dollars, that is taking away from how many other children in that school district."
!!!

Sorry, I just think that warrants a bit of emphasis. =)

Well said, Jude C.

I feel sorry for the girl, but I wonder how she contracted the disease. This is why we need to teach students about abstinenceas part of a comprehensive sex education package, with a major emphasis on "sex can kill you".

For the people who are saying her case isn't any worse than the rest of the teens being bullied:
would you feel the same way if you heard someone say, for example, that a student with downs syndrome was teased so badly they had to be taken out of school, or the same of perhaps a student with cancer?

I highly doubt you'd say "oh who cares she has cancer!! she should be bullied like the rest of us!!"

Honestly, it may not be her fault that she has this disease, just like it isn't a child with downs syndrome's fault that they have their disease. I think this girl does have a valid case here, and not to mention that somehow the entire school district knows about her condition? Somebody in that school board clearly broke a federal law stating that her condition was to be confidential.

Oh, and that girl should DEFINITELY sue that coach!! How inhumane and disgusting of a comment. Telling her that she instills fear in people, is absolutely horrible. I can't beleive that, and I hope he gets fired for SURE.

This is just sad, whatever the girl did or didn't do, you would think the fact that she is HIV+ alone would enough to inspire compassion. Bullying is beyond unnecessary and should not be tolerated. A public school should protect it's students so that they are in an environment where they can learn.

Dave I doubt it, but her mother could have passed it on to her and she could have been raped. IMO how she contracted it doesn't matter and is no one's business. Nor should it have any effect on how the school is treated in court.

It's not really about whether it's worse to be bullied for having hiv or having acne or being short or dressing funny.

If the girl documented harassment and the school can't prove that they did anything about it, she has a case.

Candace- NO ONE here is saying she SHOULD be bullied. I originally only brought it up to point out that a LOT of people experience bullying in school, and not everyone files a lawsuit about it. If everyone who had ever experienced bullying in school that the administration couldn't protect them from, the schools would be broke and the taxpayers would be suffering.

I don't think anyone here is arguing on behalf of the coach, the bullies, or anyone else who is directly connected with the incidents. Some of us just don't think it's appropriate for this young girl's family to cause troubles for every other student in the district and every tax payer who funds the school.

Her condition should not be kept confidential in any terms. If it were cancer, then yes, HIV, no. All staff should be aware of the condition. How is her condition any different than any other condition that can't be helped? And this is coming from someone who has battled both bullying and cancer.

And why is everyone in this case guilty until proven innocent?

"Her condition should not be kept confidential in any terms."
I agree. Especially if she's playing a contact sport like soccer. Actually, not to start a sh!t storm, but why is she playing soccer? I certainly would never play soccer with someone who was known to have HIV. I just played a game Saturday morning and we're always falling all over each other.

But I digress, I suppose that's a debate for another day.

Ugh, sorry for just using the word "soccer" three times in rapid succession. That's annoying.

It should definitely be confidential. Schools should have a standard practice of universal precaution, meaning no one should be touching anyone else's blood at any time. When I worked with kids the policy was basically assume everyone has a blood born disease.

I don't feel like a bulletin should be sent out with each kid, but I think teachers, well, all staff should know about the condition. As a parent, I sure as hell would want a teacher to be hyper vigilent about blood if there were an hiv student in their class. And that includes if I were the parent of the hiv student. I see where you are coming from though TS, about the blood.

And Fox, I was wondering about the soccer thing too. It just seems like any contact sport would be out.

That assumption doesn't do anything for athletes playing contact sports, though.

Maybe the parents of all the players on opposing soccer teams should sue the school for not warning them about the HIV positive student and endangering their children. *shrug*

Just because most people are bullied in school doesn't mean it should be condoned as a rite of passage that everyone must endure.

Why did people at the school even know the girl had HIV? There's no reason others need to know...any incident involving any type of bodily fluid should be treated/cleaned up/avoided in the same way regardless of whose it is.

You don't have a right to know other people's medical histories or conditions. That's confidential. Playing soccer or any other sport with someone who has HIV/AIDS is not going to endanger your life. Get real. It's ignorant ideas like that that perpetuate the stigma against people with HIV/AIDS.

"Playing soccer or any other sport with someone who has HIV/AIDS is not going to endanger your life. Get real. It's ignorant ideas like that that perpetuate the stigma against people with HIV/AIDS."

Well put.

I had a friend who died of AIDS a couple of years back, and one of the things I remember him being really sad about was that a lot of people whom he'd considered very close and understanding friends refused to even hug him or kiss him on the cheek once they found out.

Bodily contact with someone who's positive will not spread HIV.

Wow.

"Just because most people are bullied in school doesn't mean it should be condoned as a rite of passage that everyone must endure."

Once again, no one said it's something everyone should endure. This has already been explained and re-explained.

"Playing soccer or any other sport with someone who has HIV/AIDS is not going to endanger your life."

Um, really? I've bled at soccer tons of times, and I'm not even one of the hardcore players who gets really into the game! It's ridiculous and a little insulting for you to say I'm ignorant for thinking athletes, who play bloody games, should have a right to know if they're playing with/against someone who has a blood borne disease. That's not unreasonable in the slightest.

PLAYING A BLOODY SPORT IS NOT THE SAME AS HUGGING.

From "HIV/AIDS in Sport: Impact, Issues, and Challenges," by Gopal Sankaran, Karin A. E. Volkwein-Caplan, Karin A. E. Volkwein, Dale R. Bonsall:

"The possibility of HIV transmission in sport settings is often raised, especially when the media focus on a celebrity athlete infected with HIV. An analysis of the available epidemiological data about transmission of HIV clearly indicates the absence of a documented case of HIV transmission occurring within the sport setting.

...

"In 1991, the U.S. Olympic Committee released a detailed report about the transmission of infectious agents during athletic competition. The report reiterated that no case of HIV transmission through sport has ever been documented."