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, cyberbullying 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 (Ontario), 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 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.
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 is wrong and unacceptable. Schools, school boards, parents, teachers, and ministries are all responsible for creating safe and inclusive environments where everyone is treated with respect.
These are your rights as a parent under the current legislation:
If your child confides that he or she has been bullied or cyberbullied at school, or if you hear about it from school personnel or someone else, your rights as a parent under the current legislation are:
Students who are being bullied 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 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:
When notifying a parent of a student who has engaged in a bullying or cyberbullying activity, the principal shall not disclose the name or other personal information about a student who has been harmed as a result of the activity.
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.