Between the legal system and the teachers, they should both take responsibility to protect students from bullying. We don't tolerate this behavior in the real world, so why should kids have to put up with it? (especially given that the state requires them to be there)
One thing that always bugged me was very nice kids caught with alcohol or marijuana actually going to court while the bullies just got detention or a day or two of suspension.
I agree that this line of reasoning is terrible. Even worse is that I knew kids who were more severely punished for cursing, than most of the bullies were. When exposure to sexually explicit material/underage drugs, etc. are considered more harmful to minors than direct bullying, it shows a mix-up in moral values.