Frederick, MD asked in Personal Injury for New York

Q: Bullied by a professor to the point that I have PTSD, university won't penalize him. Can I sue him or my university?

The bullying behavior - which likely started because I told the professor in question not to hit me (it was done playfully, not in aggressively) - occurred from Oct through Dec 2017, and my failed attempts to get university admin to take actions against him/assure me that they took actions against him (even if they couldn't specify) occurred through May 2018. I was actually told initially in May by a lawyer in the HR department that they did take actions against the professor, but later he retracted that comment in October 2018 when I checked in again to ask for formal documentation of the HR investigation (which I was not provided). All of this occurred in New York, though I now live in Maryland.

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2 Lawyer Answers

A: Unlikely. For your PTSD suggest you try EMDR if you haven't--it's quite effective. It is very tough to prove bullying and in a collegiate system you are an adult, can decide to bag the class, ask the school for a refund, and get a professor that acts like a human being. By the way, I hope you haven't gotten into this on social media or at some point they could claim libel or slander, and you don't want to go there. If you did get into it, take those posts down now.

Note also you have a statute of limitations, though I'm not sure a lawyer would take it. You'd want to contact an attorney in NY in the county where it happened. Look for someone who handles education issues.

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A: Did you file a written grievance with the school? There might now be a deadline problem if you've waited too long to do so. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in California, New York, Massachusetts, Washington State, and the District of Columbia in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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