Standing up for Your Children: What to do When Your Child is Bullied

Child Being Bullied? Find Out Who’s Liable

Bullying is a major problem that has, in extreme circumstances, led to many tragic endings for teens and adolescents. But what are you as a parent to do when your child is bullied?

In Canada, 1 in 3 adolescents have reported being bullied and 47% of today’s parents were bullied as a child. It’s more common than we think, and it’s still a pressing issue that goes far beyond typical childhood experience

There are many long term consequences of bullying that can last throughout the reset of a child’s life, from mental illnesses to physical damage such as nausea, headaches, and exhaustion.

High school students being bullied.

Bullying liability is a key component in fighting the problem and keeping children aware of the actions that they take.

The more people can be held responsible, the more likely it is that people will stop this horrible behaviour.

 

What is Bullying?

 

In order to hold a parent liable for their child’s bullying, it has to be proven that the act was actually bullying.

According to the law, there are certain guidelines that define the difference between harassment, bullying, and schoolyard teasing.

Bullying in highschoolAny type of intimidation tactic, generally using superior strength and dominance, that is intended to force someone to do something is considered bullying.

Bullying is based on dominance, so it occurs when there is a perceived power imbalance in a relationship between the children, such as a difference in size, disability, gender, sexual orientation, religion, or race. 

The main component of bullying is that the actions are done intentionally. If the intention can be proven, the child is guilty of bullying and their parents or administrators can be held responsible.

 

 

Who is Held Responsible When a Child is Bullied?

 

Schools have a responsibility to prevent bullying from happening. From the moment a child walks through the school’s doors, they are under the care and protection of the staff and faculty administrators.

Ontario’s 2012 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.

Schools are required to provide a safe and positive environment for students of all genders, races, backgrounds, and cultures. Anti-bullying education and promotion of acceptance have been made a priority in the last few years.

The only issue with school accountability is the difference between private and public schools. Private schools are not covered under the Accepting Schools Act and there is no current legislation for private schools.

However, if a private school is competing in any activities, competitions, or events that take place in public school facilities they are legally obligated to follow the Act for the duration of their time in that location.

When schools fail to provide a positive and comfortable environment, children can get hurt and suffer many serious consequences that can last throughout their lifetime. When this happens, it’s important to make sure that the bullying liability is dealt to the right person.

 

Legal Liability of a Parent

 

Laws, Lawyer, LawsuitIn Canada, the parents of the bullying child can be held legally responsible for their child’s actions under the Parental Responsibility Act of 2000

Ultimately, it is a parent or legal guardian that is responsible for the actions of their child. Anything the child does can come back to you in a negative way.

If your child is the victim of bullying, you can take action against the bullying child’s parents by bringing them to court. Your child should not have to suffer due to another child’s ignorance, and ensuring they are punished means they likely won’t do it again and hurt anyone else.

It comes down to how much the bully’s parent can prove they were providing enough supervision of their child at the time of the incident and whether they tried to prevent the incident adequately. Proof that the child did not intend any of the damage is required if the proof of supervision isn’t provided.

 

When Bullying Goes Further Than the Classroom

 

Cyberbullying is a newer form of bullying that has only existed since the relatively recent rise of the internet, but it has become an increasingly common problem in schools. More children are finding themselves the victims of painful online campaigns targeting them either anonymously or openly.

The issue in this case is who exactly is liable for a child’s bullying. Since cyberbullying takes place online, mostly outside of school hours, holding a school responsible is complicated.

Administrators cannot control what their students do outside of the classroom, and therefore there are many loopholes when bringing a school to court for a cyberbullying issue. There is only a certain degree that administrators can be held liable for the bullying their students do.

Cyber BullyingHolding a parent liable is a tricky situation when it comes to cyberbullying, because it can be harder for a parent to prove whether they were supervising their child’s online activity. There is only so much control a parent can exercise over their child when the internet is such a vast network.

Nova Scotia is currently the only province to pass a Cyber-Safety Act, after the tragic death of Rehtaeh Parsons. Under this act, parents are held responsible for the actions of their children unless they can prove without doubt that they were supervising their children properly while they were online.

Parsons, from Cole Harbour, Nova Scotia, was 17 years old when she committed suicide in 2013. According to reports, she was sexually harassed and a photograph circulated around her school from the incident, leading to her being bullied by her peers.

While this law is currently only in Nova Scotia, similar laws have begun to make their way in provincial legislation across the country. In provinces such as Ontario, there are laws targeting bullying in general, but these laws do account for online incidents.

 

Parental Responsibility: The Ultimate Factor

 

It’s the responsibility of a parent to make sure their children grow up learning acceptable behaviour. This is the first step in preventing bullying and teaching children to create positive environments for everyone.

In addition to parents, school systems need to make sure they are educating children about the consequences of their actions. Bullying is preventable with the right socialization, education, and responsibility.

As a parent of a bullying victim, it can be hard to face the idea that your child has been put in this situation. Make sure that your child knows to report any bullying they see or experience to their teacher or principal. The school cannot take action if they are unaware that any bullying is happening.

If appropriate actions are not taken when your child is suffering, it’s time to take legal action.

If your child is being bullied, get retribution.

young adults being bullied


 

Conte & Associates are experienced personal injury lawyers who will fight to get you and your child the compensation you deserve. Don’t suffer because of someone else’s bad parenting.

Serving Whitby, Vaughan and the surrounding GTA areas, we work with the best professionals in Ontario to assess your situation and get you the results you deserve.

We understand what you’re going through and you can trust us for our expertise.

Contact us today to book a consultation to figure out your next move.

Injury lawyers, personal injury, lawsuit

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