School Hallway (File)

South Carolina Supreme Court Allows Lawsuit Against School District For Teacher’s Bullying

School Hallway (File)
School Hallway (File)

The South Carolina Supreme Court has ruled that a father can sue a school district for negligent supervision after a first-grade teacher allegedly bullied his son. The court’s decision reverses lower court rulings that dismissed the lawsuit.

The case involves K.S., a former student who was allegedly subjected to emotional abuse by his teacher in 2011. The teacher’s actions, described as “intimidation tactics” by the father, included making students cry, grabbing K.S. by the arm, and creating a “no crying club” to isolate and humiliate him.

The father sued the Richland County School District for negligent supervision, claiming the teacher’s actions caused lasting emotional harm to his son, who has since been diagnosed with persistent depressive disorder and anxiety.

READ: University Of South Carolina Researcher Charged With Attempted Enticement Of A Minor

Lower courts dismissed the lawsuit because K.S. did not suffer physical injuries. However, the Supreme Court reversed this decision, stating that physical harm is not always required to claim emotional damages in negligence cases.

“The physical harm requirement still forces the plaintiff to prove proximate cause, which includes proving the emotional harm was a foreseeable consequence of the harm,” wrote Justice D. Garrison Hill in the court’s opinion.

The court found that the teacher’s forceful grabbing of K.S.’s arm, causing him physical pain, constituted sufficient evidence of physical harm to support a negligence claim.

READ: South Carolina Sen. Graham Snaps At CBS Host, Says She Should ‘Worry About Reporting The News Fairly’

The father will now have the opportunity to present evidence of the school district’s alleged gross negligence in supervising the teacher. This includes allegations of the teacher humiliating and belittling students, creating a “no crying club,” and physically grabbing K.S.

The court also reinstated evidence from Dr. Alan McEvoy, an expert on teacher-on-student bullying, who will testify about the district’s inadequate policies and lack of staff training on bullying prevention.

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