New Brunswick’s provincial legislation does not explicitly defines bullying or cyberbullying.
However in its annual report, the Department of Education and Early Childhood Development makes reference to a common definition of bullying: bullying is a learned behaviour intended to cause or should be known to cause fear, intimidation, humiliation or other harm to an individual or a group of individuals. There is a power imbalance, real or perceived, between the persons involved that affects the relationships within the positive learning environment of the school. It has a high likelihood of being repeated or has occurred multiple times. Bullying can take many forms, including physical, verbal and non-verbal, social, or electronic (cyber). It also includes assisting or encouraging the behaviour in any way.
In New Brunswick, Policy 703: Positive Learning and Working Environment, revised in 2013, states the rights and responsibilities of the Department of Education and Early Childhood Development, school districts, and schools for creating a positive learning and working environment in the public education system. The policy pertains to all incidents of bullying and cyberbullying that affect the school’s learning climate, whether it’s on or off school property (i.e. on the school bus), face-to-face or electronic, and apply to all participants in the public school system.
The Education Act was amended in 2012. The amendments include, among other things, the development and implementation of a positive learning and working environment plan, which addresses bullying and cyberbullying, and mandated reporting from school principals to superintendents of bullying and cyberbullying incidents.
For more details on cyberbullying legislation, including federal legislation, please visit: Legal Consequences of Cyberbullying
Legal Requirements for Private Schools in New Brunswick
Under The Education Act, private schools in New Brunswick are not included in the definition of “school”. There is no formal legislation that deals specifically with private or independent schools, nor any requirement that private schools adhere to the anti-bullying provisions of public schools.
Parents/guardians have a responsibility to work with the adults in their child’s life (teachers, school principals, coaches, and group leaders) so that together, they can teach students that bullying and cyberbullying are wrong and unacceptable. Public schools, school districts, school bus personnel, organizers of school sponsored events, and the Department of Education and Early Childhood Development are all responsible for creating a safe, orderly, productive and inclusive environment where everyone is treated with respect.
These are your rights as a parent under the current legislation:
At the Classroom/School Level:
If your child confides that he or she has been bullied or cyberbullied at school, or if you hear about if from school personnel or someone else, your rights as a parent under the current legislation are:
At the School Board Level:
Students who are being bullied or cyberbullied often do not want their parents/guardians to report it to the school out of fear or shame, but teachers and administration need to know about the bullying in order to stop it. Work with your child to determine which adults he or she trusts and feels most comfortable with, so that these adults can be involved in the solution.
Remember: approach the school in a calm, supportive manner despite the painful feelings of anger and worry you may feel. It is your job to protect your child, but it is the school’s role to maintain a safe learning environment for all students. It is the school’s responsibility to determine appropriate responses and consequences for the student who bullied and to maintain students’ privacy. Stay focused on solving the problem – preventing further incidents and enabling your child to feel safe and supported.
If you find out that your child has bullied or cyberbullied at school, either through hearing about it from school personnel, your child, or someone else, your rights as a parent under the current legislation are:
This is what is expected of parents, under the current legislation:
Remember, you are a role model for your children. Children watch what their parents do very closely, and are influenced by your actions as well as your words. If your children see you communicating respectfully and remaining constructive in the face of disagreements with others, they are more likely to behave the same way.