You can find many blog posts which attempt to clarify the variety of issues raised see here and here and we have a summary fact sheet that is available here. Of course the law, and our understanding of it, is constantly evolving. So I thought I would post a relatively simplified update with the lineage of case law that demonstrates that schools do in fact have the authority to apply reasonable discipline to students who participate in cyberbullying while away from school. Below I provide a brief one or two sentence summary of the ruling, but I encourage everyone to read the actual facts of each case so that you can better understand the unique contexts of each incident.
The law should always punish actions that inflict serious harm - whether physical or psychological Point Bullying can inflict serious psychological harm on its victims, especially in the case of young people.
It leads to low self-esteem, depression, and for some kids it leads to suicide . Bullied children Bullies should be held legally responsible almost 6 times more likely to think about or attempt suicide . Many forms of behaviour that result in the death of another person are criminal, from murder to negligence.
It is the duty of the law to brand such behaviour as unacceptable, deter future incidents, punish the perpetrators, and offer comfort to victims: Counterpoint The law should only punish people for their own actions, not those of others. But the bully did not pull the trigger, the victim did.
If, during a fight on a train platform, I shove someone and that person falls on the tracks and is killed by a train, I will be guilty of manslaughter, whether I intended to kill the person or not, because the harm caused by my actions is so great .
The same applies to bullying. Bullies try to hurt their victims through their actions, either physically or psychologically. Whether the bully intended for the victim to die or not, is irrelevant. Principles of Criminal Law, Chapter 7.
In the case of manslaughter, the victim never had a choice. The perpetrator is solely responsible for what happened. But some victims of bullying take a decision to kill themselves, while others do not.
Title The damage wrought by bullying is cumulative Point Bullying is truly dangerous when it becomes persistent.
Any one incident of it, while unpleasant, may be entirely tolerable for the victim. But being unrelentingly subjected to this treatment for months on end can make life truly unbearable and lead that person to suicide. In the case of Phoebe Prince, an Irish immigrant who was bullied at her US high school, she was called expletives, threatened, and even hit with a beverage container before she finally took her life .
She may have survived any one of those taunts, but it was their cumulative effect that was too much to bear.
Conversely, punishing her bullies for any one act will fail to acknowledge the much greater extent of the overall harm. A different, special offence is needed to recognize the magnified level of harm caused by bullying. The New York Times. Bullies should be held to account early on.
If victims know there will be early intervention, they will be far less likely to even consider suicide. Early intervention is a much better outcome for everyone. Title The current legal regime is not able to prevent or adequately punish bullying Point Even when bullies are sometimes prosecuted, they are charged with offences that constitute individual components of the bullying behaviour, like harassment, stalking, causing bodily harm or invasion of privacy .
But these offences were not designed with bullying in mind and fail to capture its overall impact and the harm it causes. While bullies may be charged with several of these offenses this will still not capture the kind of harm being done and would not be as effective as a specifically tailored offense.
We need laws that recognize that harm and which punish those who inflict it adequately.
Then a fatal Jump. Criminalizing bullying would lead to criminalizing behaviour that would be considered normal by most standards. Title Individuals should only be held responsible for the consequences of their own actions Point In any free and democratic society, criminal law should only hold people accountable for the things they do, not for the actions of others.
We are all autonomous, moral agents who make decisions and have to live with their consequences and the consequences of our actions. Counterpoint Under this law, bullies would be held accountable for their own actions, not those of the victim.
But it would make it clear they bear some responsibility for the outcome, and that they should be punished for their role. If they are children, they can be prosecuted as juvenile offenders and given less harsh punishments, like community service.
Title Conduct offence Point Defining bullying would be nearly impossible.
Yet this is perfectly legal behaviour. Criminalizing bullying would amount to criminalizing these acts. They may be offensive, they may even be hurtful, but these gestures should never, ever constitute criminal behaviour in any society that is concerned with human rights, freedom of speech, and of expression.Jun 20, · Students should be held legally responsible for bullying in schools - recording file For people who did not join the live discussion, feel free to contribute the ideas in the comment blanks below.
In Group Chat Tags DebateLocation: Bristol Rd Ventura, CA USA. Discrimination is against the law in all stages of employment, including recruitment, returning to work after injury or illness, dismissal and retrenchment.
As an employer, you may be held legally responsible for discrimination in employment because of the actions of your employees. The Short of It.
In a court case in New Jersey, a victim blames the school district for years of bullying he suffered. But the district is now saying the bullies' parents should share some of the responsibility.
Parents should also be held liable for cyber bullying by their kids December 2, Karen Joseph Blogs, Digital Parenting, Tips Parents have now been made responsible for the behavior of their children online according to the Georgia Court of Appeals.
A Baltimore city jury ruled Thursday, that they should not.
But that has not stopped the debate about whether the defense that held up in court--the parents of a bullied special needs student didn. Should a business be held socially responsible?The demand for how businesses do their operations needs to change.
As of right now, the business model suggests that we pursue profit by any entrepreneurial means and cut costs at any expense.