Harassment, Intimidation & Bullying (HIB): Why School Districts Sometimes Look the Other Way
When a child is bullied at school, families often assume the district will step in immediately. But unfortunately, that’s not always the case. Some schools respond decisively and with near immediacy while others deliberately delay. And in the worst cases, some districts fail to investigate at all, even when state law requires it.
To understand why this happens, it helps to know what legally counts as harassment, intimidation, and bullying (HIB), how these terms differ, where they overlap, and what New York schools are required to do the moment an HIB allegation is made.
This is also where Adam T. Mandell, founder of LegalAlly.com, brings a unique perspective. Adam previously represented New York school districts in HIB matters. Today, he uses that insider knowledge to protect the families and children he once saw the system fail.
What Is Harassment, Intimidation, and Bullying?
Under New York’s Dignity for All Students Act (DASA), schools must prevent and respond to conduct that threatens a student’s physical, emotional, or psychological well-being. Although HIB behaviors often occur together, each term has a distinct meaning.
Harassment
Harassment involves unwanted conduct directed at a student, often linked to protected characteristics such as disability, race, sexual orientation, gender identity, national origin, or religion. For example, a 6th-grade student repeatedly calls a classmate with autism a slur during lunch. The comments are ongoing and target a protected trait. This is harassment under New York law.
Intimidation
Intimidation involves actions or statements meant to instill fear or pressure a student to comply, remain silent, or avoid certain places or people. An example is when a student tells a peer, “If you tell the teacher what happened in gym class, I’ll make sure you regret it.” No physical contact occurs, but the threat itself constitutes intimidation.
Bullying
Bullying is intentional, aggressive behavior that typically involves an imbalance of power and is repeated or likely to be repeated. For instance, suppose a group of students corner a younger child each day and push him against a locker, or a teen spreads humiliating rumors online, encouraging others to pile on.
Bullying may or may not involve protected characteristics, but the pattern and power imbalance are key.
When Harassment, Intimidation & Bullying Overlap
These behaviors often occur together, and many real-world cases involve all three.
A 12-year-old boy threatens a 7-year-old classmate, forces him into a private area, and coerces him into sexual behavior (see more on this case below).
This conduct involves all three areas of HIB:
Bullying, given the age imbalance and coercion.
Intimidation, because the younger student was pressured and frightened.
Harassment, because sexual misconduct is considered a form of harassment under state law
In a recent New Jersey settlement (see details below), the lawsuit alleged not only the failure to prevent the assault, but also the failure to open an HIB investigation, despite prior warnings and known risks. While the case occurred in New Jersey, the central issue is applicable to New York State law: when staff ignore earlier incidents, the risk to children increases dramatically.
What NY School Districts Are Required to Do When HIB Is Reported
Under DASA, schools must:
Immediately document and report suspected harassment, intimidation, or bullying.
Notify the principal or DASA coordinator within a short, legally-defined window.
Initiate a prompt investigation, typically within one school day.
Interview witnesses, gather evidence, review digital communications when relevant.
Document findings and share appropriate information with parents.
Implement corrective and supportive measures, which may include supervision changes, counseling support, safety plans, or disciplinary action.
These steps are not optional for a school district. Rather, they are legally mandated.
Why Do Schools Fail to Investigate?
From the outside, ignoring an HIB complaint seems unthinkable. But parents should understand several reasons districts sometimes fail to follow procedure, especially when the behavior involves serious misconduct.
1. Fear of Liability
Schools sometimes (incorrectly) believe that documenting prior incidents creates a “paper trail” that could later be used against them.
Failing to investigate, however, often increases liability as the case below illustrates.
2. Staff Training Gaps
Teachers and aides are often the first to witness or hear about HIB incidents. Many want to do the right thing, however, they may not be fully trained on DASA requirements, or trhey may not understand what must be reported, or they may minimize behavior as “kids being kids.”
Training varies dramatically among districts.
3. Concern About Public Perception
Administrators may fear reputational damage, especially when an incident is severe, sexual in nature, or involves repeated safety failures.
Some hope the issue will “resolve itself” or can be handled informally.
4. Misunderstanding of Roles
New York educators are mandated reporters. But in some districts, staff still assume that only counselors or administrators need to notify authorities. This is a misconception that leads to dangerous inaction.
5. Pressure to Avoid Disciplining Certain Students
In some cases, a student with a disability, behavioral challenges, or ongoing services may be involved in repeated incidents.
Schools sometimes hesitate to take necessary action due to concerns about:
IDEA compliance
Behavioral Intervention Plans
Parent complaints
Staffing resources
This hesitation can leave other children unprotected.
Lessons from A Recent New Jersey Settlement
A case from Burlington County, New Jersey offers a clear example of what can go wrong when a school does not take earlier safety concerns seriously. According to publicly available court filings and news reports, a mother sued the Burlington County Special Services School District after her 7-year-old son was assaulted by a 12-year-old classmate in 2019. The incident occurred while students were waiting to participate in a school Christmas play. The complaint stated that part of the interaction happened in a waiting area in view of several aides, and then continued inside a nearby bathroom.
What gave the lawsuit added weight were the prior incidents the school allegedly knew about. The older student had reportedly been involved in earlier misconduct only a month before, including physical or sexual conduct toward three other children. Staff had allegedly been instructed not to allow him to enter a bathroom with another student, yet supervision broke down, and the younger child ended up alone with him anyway. The lawsuit further claimed that when the boy’s mother reported what happened, school officials did not contact law enforcement, did not notify child protective services, and did not initiate a harassment, intimidation, and bullying (HIB) investigation, even though state law required immediate reporting and review.
On Nov. 30, 2025, the district agreed to pay $650,000 to settle the case while denying wrongdoing. Regardless of the settlement’s terms, the allegations raised concerns about whether staff followed mandated reporting laws, whether supervision protocols were adequate, and whether early warning signs were properly addressed. For families, the case highlights how multiple small failures, including missed warnings, inconsistent supervision, unclear communication, and the absence of a formal HIB investigation, can build on each other and leave children vulnerable.
These events also illustrate the broader lesson for schools: when allegations or behavioral patterns are not documented, reported, or investigated, the risk of significant harm becomes much greater. Even when districts dispute the claims, major settlements often lead to internal reviews and retraining because the underlying issues point to systemic weaknesses rather than isolated errors.
How Adam T. Mandell’s Experience Helps Families Today
Before founding LegalAlly.com, Adam represented New York school districts for 15 years. With this experience, he knows how districts analyze (and sometimes downplay) HIB reports, why investigations are delayed (stall tactics), what documentation schools typically rely on, where procedural mistakes most often occur, and how districts defend themselves when families push back
Today, Adam uses that insider knowledge for the other side, advocating for families whose children have been harmed or whose complaints have been dismissed or mishandled.
If your child has been harmed, Adam is someone who understands exactly how districts think and how to hold them accountable.
Bullying, Harassment or Intimidation in NY
In New York State, DASA, Title IX and mandated-reporter laws give families powerful rights, but schools don’t always follow them unless someone insists.
But with Adam T. Mandell’s background, you’ll recieve:
A clear explanation of what the district should have done
Guidance on whether a DASA or Title IX violation occurred
Insight into how districts handle investigations internally
Strategies for creating a safer environment for your child
Need Help With a Bullying or HIB Case?
Attorney Adam T. Mandell spent years representing New York school districts in harassment, intimidation, and bullying (HIB) matters. Today, he uses that insider experience to stand with families whose children have been harmed by bullying and by school districts that failed to respond appropriately.
Talk With Adam About Your Child’s CaseConsultations are confidential. Speaking with an attorney does not obligate you to move forward with a claim.