Ontario’s provincial legislation defines bullying as: repeated aggressive behaviour by a student where the behaviour is intended to have the effect of, or the student ought to know that the behaviour would be likely to have the effect of, causing harm, fear or distress to another individual. Bullying can take many forms, including physical, psychological, social or academic harm, and harm to an individual’s reputation or property. The bullying may also create a negative environment at a school for an individual. The bullying occurs in a relationship where there is a real or perceived power imbalance based on factors such as size; disability; sexual orientation; gender identity; sexuality; race/ethnicity/religion; or other issues.
According to Ontario’s legislation, cyber-bullying occurs when a student engages in bullying behaviour electronically, and includes activities such as: creating a web page or a blog while pretending to be someone else; impersonating another person as the author of posted content or messages; or communicating material or messages to more than one person or posting on an electronic platform that can be accessed by one or more persons.
In Ontario, there is a formal legislation on bullying and cyberbullying, Bill 13 Accepting Schools Act, 2012: An Act to amend the Education Act with respect to bullying and other matters. The bill states the rights and responsibilities of teachers, schools, school boards, other school board employees, and ministries when preventing or dealing with bullying and cyberbullying instances. The law pertains to all incidents of bullying and cyberbullying that affect the school’s learning climate, whether on or off school property, face-to-face or electronic.
For more details on cyberbullying legislation, including federal legislation, please visit: Legal Consequences of Cyberbullying
Legal Requirements for Private Schools in Ontario
Under The Education Act, private schools in Ontario are considered distinct from other schools and operate as businesses or non-profit organizations independently of the Ministry of Education. There is no specific legislation regarding bullying or cyberbullying for private schools. However, Bill 13 requires compliance by other persons or entities that use publicly funded school facilities (through rental or other agreements). This means that if a private school competes in athletics or other competitions that take place in publicly funded school facilities, or accesses school facilities such as classrooms, they are required to comply with Bill 13 in their operations.
What Legally Constitutes Bullying and Cyberbullying in Schools?
Bullying is considered to have occurred in a school if it happens: on a school site or public property within 50 metres of a school site; during an activity, function or program that is conducted for school purposes, regardless of whether it takes place at a school site; or through the use of technology or an electronic device provided to students by the school.
Bullying also occurs at a school if it happens through the use of technology or a device that is not provided to students by the school but has the effect of creating a hostile environment for a student at school, infringes on the legal rights of a student at school, or disrupts the education process or operation of a school. This expanded definition of bullying means that even if cyber-bullying occurs outside of school hours or away from school property educators still have an obligation to address incidents of bullying that affect a student’s learning environment.
Educators share responsibility with parents and other adults in students’ lives to nurture the development of the social emotional skills that students need to engage in healthy relationships, and to teach students that bullying is wrong and unacceptable.
Obligations of School Staff
All school staff who work directly with students have an obligation to respond to and report incidents that can have a negative impact on the school climate. This includes principals and vice principals, teachers, educational assistants and all other staff employed by the school board, such as those involved in social work, child and youth work, psychology and other related disciplines.
At the Ministry of Education Level:
If you witness an incident you are expected to respond unless doing so would cause immediate physical harm to yourself, a student or any other person. Reponses may include: identifying the behaviour, asking the student to stop the inappropriate behaviour, explaining why it is inappropriate or disrespectful and asking the student to change their behaviour in the future.
The school principal is responsible for investigating reported incidents of bullying or cyberbullying activities.
The school principal is responsible for communicating the results of the investigation to the teacher or school board employee who reported the incident unless it would be inappropriate to do so.
And finally,
Remember to consider your own behaviour, despite any disagreements or hostility you may encounter. Children and youth closely watch what the adults in their life do and are influenced as much by your actions as your words. When students see you being respectful and empathetic towards others, even when you disagree, they are more likely to behave the same way.
For more resources, please visit: http://www.prevnet.ca