Take action when your child is being bullied at school

By Paul Russell, LegalMatters Staff • Most students welcome going back to school in September – except for those who know it means a return to being bullied, says Toronto personal injury lawyer Joshua Goldberg.

“Bullying negatively affects students’ learning, their sense of self-worth and overall mental health,” says Goldberg, principal of Joshua Goldberg Law. “Young people should not have to put up with it Every school should have an anti-bullying policy in place to prevent it from happening.”

If the school does not address the situation, he suggests parents contact a personal injury lawyer.

Ontario’s Education Act defines “bullying” as aggressive and typically repeated behaviour that is intended to cause “harm, fear or distress to another individual, including physical, psychological, social or academic harm.”

It adds that behaviour occurs when there is a real or perceived power imbalance between students, based on factors such as size, strength, age or peer group power. Other factors include religion, ethnic origin, sexual orientation, family circumstances, gender, gender identity, gender expression, race and disability.

Schools must have anti-bullying policies

“Every school board publishes guidelines about bullying prevention and every school must implement an anti-bullying program,” Goldberg tells he tells LegalMattersCanada.ca.

He points to a memorandum from the Ministry of Education, which notes that these plans must be “available to the public either on the school board’s website, or if the board does not have a website, make their plan available in another appropriate manner. Principals are also responsible for making their school’s plan available to the public.”

The ministry adds that school boards must review these plans periodically soliciting the views of students, teachers, principals, volunteers working in the schools and parents.

Bullying is common

According to information from the Canadian Red Cross, between four to 12 per cent of boys and girls in Grades 6 through 10 report having been bullied once a week or more. For boys, bullying behaviour peaks in Grade 9 at 47 per cent, while it peaks for girls in Grades 6, 8 and 9 at 37 per cent.

A report from Public Safety Canada states that eight per cent of students between the ages of 12 to 19 report that they are victims of bullying.

“Bullying surveys indicate that many more boys than girls report being victims of bullying and almost all boys named male peers as the aggressors,” states the report, adding that roughly six per cent of students ages 12 to 19 admitted to bullying other students on a weekly basis.

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“Ending bullying in schools requires action from school staff,” says Goldberg. “School administrators must identify who is responsible and take appropriate action.”

He notes that Ontario’s Accepting Schools Act focuses on addressing bullying in schools across the province. It identifies teachers, principals, parents and students as stakeholders to bullying and holds these groups responsible.

Parents are ultimately responsible

The Act makes it a principal’s duty to investigate any report of bullying and to report it to the parents/guardians of the student affected. It also mandates that principals tell them the “nature of any disciplinary measures taken in response to the activity.”

“Schools have a duty to provide a safe and positive environment for students, no matter their gender, race, culture or personal circumstance,” says Goldberg. He adds that this provincial legislation only applies to publicly funded schools, and not private schools.

The parents of a student who bullies can be held legally responsible for their child’s actions under the Parental Responsibility Act, Goldberg says

“Every parent or legal guardian is accountable for the actions of their child,” he says. “If your child is being bullied and their parents are not responding to your concerns, you may have a recourse through the courts.”

Provincial government has a role

In March, the Ontario government invested more than $550,000 in initiatives to keep students safe in class and online. The anti-bullying components of this plan include:

• $90,800, to develop resources and tools to equip educators and school staff to identify, address and respond to bullying, abuse, harassment and discrimination, in partnership with Respect Group Inc.
• $50,000, to develop resources designed for educators of Grades 7 to 12 to enhance knowledge related to bullying, harassment and discrimination, as well as engaging peers to becomes allies, in partnership with PREVNet.
• $50,000, to develop an online platform in support of 2SLGBTQI students, including access to counselling services and supporting resources to address mental health, anti-bullying and suicide prevention, in partnership with Egale
• $59,950, allowing Indigenous students to inform ministry and school boards about their needs and concerns regarding bullying prevention, in partnership with the Ontario Native Education Counselling Association.

“If your child is being bullied, take action,” says Goldberg. “If the school can’t make it stop, talk to a personal injury lawyer about your options.