{"id":48107,"date":"2019-05-31T14:15:15","date_gmt":"2019-05-31T21:15:15","guid":{"rendered":"http:\/\/world.edu\/?p=48107"},"modified":"2019-05-31T14:15:15","modified_gmt":"2019-05-31T21:15:15","slug":"if-your-kid-is-bullied-and-hurt-on-school-grounds-can-you-sue-the-school","status":"publish","type":"post","link":"https:\/\/world.edu\/if-your-kid-is-bullied-and-hurt-on-school-grounds-can-you-sue-the-school\/","title":{"rendered":"If your kid is bullied and hurt on school grounds, can you sue the school?"},"content":{"rendered":"

\"\"<\/p>\n

The Victorian state government was\u00a0recently reported<\/a>\u00a0to be investigating whether it could make it easier for bullying victims to sue schools. This was prompted by the case of a 13-year-old boy who had to undergo surgery after being bullied at a private school in 2016.<\/p>\n

All forms of bullying have the potential to create long-term and often disastrous psychological as well as physical effects. Some\u00a0young people<\/a>who have died by suicide were found to have done so after\u00a0persistent bullying<\/a>.<\/p>\n

Evidence is emerging of the\u00a0links between school bullying and offending and depression in later life<\/a>, for both the bullied and the bullies.<\/p>\n

Schools\u00a0have a legal obligation<\/a>\u00a0to address bullying behaviour of pupils and provide support for both the victim and the perpetrator.<\/p>\n

Assault and the law<\/h4>\n

Outside school, physical bullying behaviour such as pushing and punching would be assault and dealt with in the criminal justice system.<\/p>\n

State lawmakers now further addressing different forms of bullying. For example, the\u00a0Crimes Amendment (Bullying) Act 2011<\/a>\u00a0(Vic) focuses on stalking and other behaviour designed to threaten or cause physical or mental harm, and the proposed\u00a0Statutes Amendment (Bullying) Bill 2017<\/a>(SA) criminalises bullying behaviour including threatening, degrading, humiliating, disgracing or harassing another person face to face or online.<\/p>\n

There is no reason any of these laws would not apply within schools.<\/p>\n

Emotional bullying in all its varying forms poses greater difficulty wherever it occurs. Australian law is gradually introducing responses to emotional abuse. There are avenues for complaints of digital bullying, for example, under the\u00a0Enhancing Online Safety Act 2015<\/a>\u00a0and the Enhancing\u00a0Online Safety (Non-consensual Sharing of Intimate Images) Act 2018<\/a>.<\/p>\n

External complaint avenues and criminal ramifications are one thing. But what about cases where a child was bullied persistently and whose complaints to the school went unheeded? Can a school be sued for the harm caused to a student?<\/p>\n

Notable cases<\/h4>\n

The New South Wales courts have said yes. In three notable cases, former students received compensation by proving the school was negligent due to its inaction.\u00a0Jazmine Oyston<\/a>,\u00a0David Gregory<\/a>\u00a0and\u00a0Ben Cox<\/a>\u00a0proved they had suffered ongoing mental harm from bullying that their schools failed to address.<\/p>\n

In holding the schools liable, the courts set valuable parameters of a school\u2019s legal responsibility.<\/p>\n

A school owes a legal\u00a0duty of care<\/a>\u00a0to its students directly and through its staff. This duty exists when the situation is in the school\u2019s area of control \u2013 on school grounds, on or waiting for school transport, and on school-organised excursions or activities.<\/p>\n

Satisfying this requirement becomes more fuzzy when the harm occurred through digital media, or outside what could strictly be called school activities, such as sports or work experience.<\/p>\n

Once control is established, the extent to which the school knew or ought to have known of the bullying is the next concern. In each of the above cases, the evidence details a litany of complaints and concerned parent contact with the school.<\/p>\n

Jazmine Oyston\u2019s school days were stained by pushing, name calling and harassment. The school was aware of this due to her complaints and her severe anxiety and panic attacks (at one stage an ambulance was called to the school).<\/p>\n

David Gregory and Ben Cox had similar stories of physical bullying. Ben\u2019s mother was called to the school on several occasions when he had varying degrees of physical harm. She had voiced her deep concerns to the principal.<\/p>\n

What school personnel did or did not do is the next focus. In Ben\u2019s case, even after these incidents, the school failed to recognise the bullying behaviour of the other pupil, even telling Ben \u201cbullying builds character<\/a>\u201d.<\/p>\n

Schools may point to their anti-bullying policies if conduct like this occurs, but these are not enough if the school can\u2019t show policies were known and followed.<\/p>\n

For the school to be liable for damages, the school\u2019s inactivity must be proven to have caused the harm. This can be easier to prove when it comes to physical harm, but the link\u00a0between bullying and a psychiatric illness<\/a>\u00a0may be more difficult.<\/p>\n

This is especially problematic when the psychiatric condition develops some time later as other factors in the person\u2019s life may come into play. But it has been done.<\/p>\n

David Gregory was in his 30s when he made the claim his\u00a0psychiatric illness<\/a>\u00a0was a direct result of the persistent bullying he suffered when at school more than a decade earlier. He was\u00a0awarded nearly<\/a>\u00a0half-a-million dollars compensation from the NSW government.<\/p>\n

Greater recognition<\/h4>\n

The above cases and others where this kind of harm is central now show a much greater recognition of delayed development of psychiatric harm.<\/p>\n

While the law for proving when and why a school should pay is now reasonably clear, argument on the facts may provide some wriggle room for educators and their insurers less inclined to accept liability, as is the case with the Melbourne schoolboy reported above.<\/p>\n

Court action may go over many years with several appeals before final determination \u2013 in Jazmine\u2019s case from 2007 to 2013.<\/p>\n

It rarely serves the parties well, particularly when weighed against the cost, time, energy and anxiety already on top of significant harm.<\/p>\n

When the facts point to a school\u2019s liability, its priority and that of its insurers should be to acknowledge shortcomings and accept responsibility for the harm. They should focus on reaching a fair and just settlement rather than devising means to oppose or delay the claim.<\/p>\n

Author Bio:<\/strong> Sally Varnham is Professor of Law at the University of Technology Sydney<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

The Victorian state government was\u00a0recently reported\u00a0to be investigating whether it could make it easier for bullying victims to sue schools. This was prompted by the case of a 13-year-old boy who had to undergo surgery after being bullied at a private school in 2016. All forms of bullying have the potential to create long-term and […]\n… learn more→<\/a><\/p>","protected":false},"author":33,"featured_media":48108,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[15645],"tags":[9029],"coauthors":[11733],"class_list":["post-48107","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-education","tag-bullying"],"acf":[],"yoast_head":"\nIf your kid is bullied and hurt on school grounds, can you sue the school? - World leading higher education information and services<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/world.edu\/if-your-kid-is-bullied-and-hurt-on-school-grounds-can-you-sue-the-school\/\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:locale\" content=\"en_US\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:type\" content=\"article\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:title\" content=\"If your kid is bullied and hurt on school grounds, can you sue the school? - World leading higher education information and services\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:description\" content=\"The Victorian state government was\u00a0recently reported\u00a0to be investigating whether it could make it easier for bullying victims to sue schools. 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