Breaking bullying silence – policy, law

VANNA JANKIEPERSAD

FOR SOME students the school gates represent more than just the start of a lesson. They symbolise the beginning of a daily ordeal. Like many, I was bullied in secondary school but I was too afraid to speak up on it.

I still remember those cruel words and the weight of judgemental stares as classmates would hurl derogatory names, their laughter echoing in the hallways, making me feel invisible and unworthy. The taunts intensified when my mother, a single parent, dropped me off in a car that was more rust than ride. Their whispers followed me, branding me as different, as "less-than."

Despite the emotional scars, I excelled academically, earning top grades each term. I received numerous awards on achievement. I was called "handle bag," a cruel reference to the bag containing my prize.

When I confided in my teacher, seeking solace and support, I was met with indifference. My pain was dismissed, my cries for help unheard. At the time my mother was suffering from stage IV cancer and I avoided "complaining" to her about the personal issues I faced at school.

I was 15 years old at the time and I felt as if the system that was meant to protect me failed, leaving me to navigate the storm alone. Bullying isn't just a phase; it's a wound that festers, affecting one's self-esteem, mental health, and sense of belonging. Some students even commit suicide. Recall that Jayden Lalchan, who was 15 years old, committed suicide last year following an alleged bullying attack.

Bullying can be seen as the most common form of violence in society and undoubtedly it is a major underpinning in a wider culture of power imbalances. It may exist in different forms; from teasing, social exclusion to most extreme cases like physical violence, threats, theft, sexual harassment, public humiliation and the destruction of property.

I am of the opinion that bullying needs to be addressed not only at a policy level, but on a legislative level. The Education Act Chap 39:01 is the governing legislation which seeks to make provision for the better promotion of education in TT. Section 77 of the act states, inter alia, that it shall be the duty of the parent of every child of compulsory school age to cause him to receive efficient full-time education suitable to his age, ability and aptitude, by regular attendance at a school.

The liability of a parent is mentioned in section 83(1) of same which states, inter alia, “A parent of a child of compulsory school age, who neglects or refuses to cause the child to attend school is, unless the child is legally excused from attendance, liable on summary conviction to a fine of seventy-five dollars."

But there are significant gaps in this existing statutory provision. For example, what legal recourse exists for a parent who removes their child from school due to dissatisfaction with how bullying incidents are handled by school authorities? Moreover, if a child avoids attending school because of bullying, the parent risks prosecution unless they secure permission for home tutoring.

This legal framework appears to compel parents to expose their children to environments where bullying may persist without clear assurances that the problem will be effectively addressed. Such a stance raises troubling questions about the law’s sensitivity to the realities faced by children and families affected by bullying.

However, the duty of care extends far beyond just attendance at school. Here is where the law of negligence comes into play. School boards and, by extension, school supervisors and teachers owe a duty of care to the students of their school.

This means that even teachers must take reasonable steps to ensure that students under their purview, to whom a duty of care is owed, is not subject to foreseeable risks of injury.
Consequently, this means that where a child is being bullied in school and this is brought to the attention of a teacher, by virtue of the duty of care owed by the student to the child, the situation must be remedied at an institutional level.

Our legislation of course is silent on this duty. The law needs to be updated to be consonant with current realities. Apart from comparators such as the US and Australia, Canada serves as one of the best examples in terms of legislative developments.

The Canadian Nova Scotia Education Act has codified this duty of care in its legislation. All schools have a statutory obligation to attend to the care and safety of the students within their control. This is in conjunction with the common-law duty of reasonable care in accordance with the standard of the “reasonable and prudent parent.”

Furthermore, Ontario brought amendments to the Ontario Education Act, 2007 to provide for the addition of "bullying" to the categories of wrongdoings for which suspension can be considered; a mandatory procedure for reporting to principals and parents; and the extension of the right to discipline students for wrongdoings which occur outside the confines of the school compound, provided such wrongdoings have an effect on the school climate. Bullying Awareness and Prevention Week has also been legislated to promote awareness and understanding.

In closing, every child has the right to education and personal security as established in Article 3 and Article 26 of the Universal Declaration of Human Rights. Those rights cannot be realised unless we create learning environments where children feel safe, valued and protected.

Vanna Jankiepersad is an attorney.