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It shouldn’t take legal action for schools to act on bullying

micromachine

Lieutenant General
Loyal
By Sally Varnham

A former pupil is suing her Victorian school for the psychiatric harm she allegedly suffered from bullying.

There is now a strong body of evidence that demonstrates the severe psychiatric and emotional damage bullying can cause, and the significant impact it can have on life’s expectations. And its harm is widespread – the sufferers, the bullies and society as a whole.

Investigations of school shootings such as Columbine speculate that they are acts of retaliation. Not infrequently there are reports of suicides of students who are bullied. Tolerance in schools can lead to bullying in workplaces, families and other areas of life.

We have come a long way to recognise bullying as intentional, often criminal behaviour, which would be treated as such outside the schoolyard. It should never be tolerated, especially now that we are aware of the harm it causes.

Does failure to take action render schools liable for harm?

The courts believe so. In 2003, following the successful action of former student Lisa Eskinazi against her Victorian school, incredulity turned to concern in the education community.

Doubt was further cast aside when the New South Wales Supreme Court and Court of Appeal decided that former students Benjamin Cox and Jazmine Oyston (2007 and 2013 respectively) were entitled to damages from their schools.

Firmly buried was the traditional notion that bullying should be endured as part and parcel of school years. More recently, though, technology has provided ample opportunity for a widespread, remote and more cowardly form of bullying – cyberbullying. This clouds the question as to the extent of a school’s responsibility.

It makes the position of schools more difficult, or alternatively perhaps (though yet to be tested), it affords them greater escape from liability.

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