Educational Law Case Study

1040 words - 4 pages

Case Study:Summary of Case:I will be focusing my attention on the third case. This case discusses a major issue haunting schools across the country; bullying. In this specific case a grade 11 student was concerned for her own safety as threats had been made by another student. The teacher was informed and the student was told to contact the vice-principal. Instead of doing this, the student went home over lunch and returned to school with a wrench. The vice-principals saw this student being verbally harassed at the end of the day and broke it up. On the way home, the girl encountered the other student and was forced into a fight. One girl brandished a knife so the student defended herself with a wrench and caused facial injury to the opposing party. Authorities were contacted by school staff and the injured student was hospitalized.Legal Authority and Reference to Law:The Educational Act has revised its policies against bullying in recent years. It goes on to state in subsection 1 (1) "bullying" means the severe or repeated use by one or more pupils of a written, verbal, electronic or other form of expression, a physical act or gesture or any combination of them if it is directed at another pupil and if it has the effect of or is reasonably intended to have the effect of,(a) causing physical or emotional harm to the other pupil or damage to the other pupil's property, (b) placing the other pupil in reasonable fear of harm to himself or herself or damage to his or her property, (c) creating a hostile environment at school for the other pupil, (d) infringing on the legal rights of the other pupil at school, or (e) materially and substantially disrupting the education process or the orderly operation of a school; ("intimidation")By definition it is clear that this case is formally noted as bullying by the education act. In addition it becomes an issue for the staff as it has happened within the school (and escalated outside the school). It is then the staff's job to inform the principal of what has occurred. Section 305.1 then goes on to explain the principal's duties in this case.(a) notify the parents or guardians of the perpetrator and the victim of the act that the act has occurred; (b) invite the parents or guardians of the perpetrator and the victim of the act to submit a written account of the act to the principal; (c) notify the appropriate law enforcement agency that an act of bullying has occurred if criminal charges may be laid against the perpetrator; (d) notify the parents or guardians of the perpetrator and the victim of the act of the disciplinary action that the principal proposes to take to prevent any further acts of bullying; and (e) require the perpetrator to participate in the remedial programs described in paragraph 7.5 of subsection 170 (1) to discourage the perpetrator from continuing to engage in bullying and allow the victim to participate in the programs.Part d specifies that a principal must notify the parents of both the...

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