If your child is being bullied at school, it can be difficult to sue another child. However, you can bring a civil liability action against the school and the school board.
In this article, we explain how to take legal action against your child’s school over bullying.
What is bullying in schools?
Bullying is defined as a gesture or comment that is made for the purpose of humiliating or hurting another person.
It may include direct acts, such as:
- Assault (punching, kicking, biting, etc.);
- Mischief (breaking or stealing personal belongings);
- Death threats.
It can also take the indirect or social form, which is more common in girls. For example:
- Starting from rumors about another student;
- Cyberbullying.
The lawsuit against the school or school board
The Civil Code of Québec states that:
A person who, without having parental authority, is entrusted, by delegation or otherwise, with the custody, supervision or education of a minor is obliged, in the same way as the holder of parental authority, to make reparation for the damage caused by the act or fault of the minor.
However, it is bound to do so, when acting free of charge or in return for a reward, only if it is proved that it has committed a fault.
Therefore, the following conditions must be met for a school or school board to be liable for the fault caused by its students:
- The commission of a fault in the supervision of children;
- The damage that was foreseeable, i.e. the negligence of the establishment.
The fault committed by the school in case of harassment
First, in a case of bullying in a school setting, the Tribunal will be called upon to assess whether the acts your child is experiencing constitute harassment.
He will also see if the parent has warned the teacher, the school, and the school board of the situation and the actions of which his child was a victim.
Subsequently, the Tribunal will assess whether the bullies’ actions were foreseeable. Therefore, we must ask ourselves the following question: should the school or the school board take measures to prevent or avoid situations of bullying?
If actions in relation to the institution’s age group and experience are unpredictable, it can be difficult to establish that the institution has committed a fault.
The harm your child who is being bullied
Then it will be necessary to demonstrate the harm. Here are some examples that may be harm to your child:
- Decrease in grades;
- Absence from school;
- Go to the psychologist.
Often, the harm in bullying is demonstrated by psychiatric expertise that will be used to establish the after-effects of the harassment, as well as the causal link.
It should be noted that psychiatric disorders resulting from bullying persist throughout life and that the child who is a victim may suffer from different disorders, such as anxiety, depression and adjustment disorders.
If you think your child is in danger, call 9-1-1 at any time. Harassment and bullying can be considered criminal acts.
Compensation by the SAAQ for personal assistance at home