Although bullying is not a new problem, it has moved from the schoolyard and cla
ID: 3489577 • Letter: A
Question
Although bullying is not a new problem, it has moved from the schoolyard and classrooms to the internet. Media such as Facebook, emails and mobile texting all provide the opportunity to "bully" others and do it on a more widespread scale than before. This can prove to be more traumatizing to the individual being bullied than traditional forms of bullying.
Here's recent link to review as part of this discussion: Bullied Teen http://www.msn.com/en-us/news/us/a-horribly-bullied-teen-committed-suicide-now-his-former-dairy-queen-boss-has-been-charged-with-involuntary-manslaughter/ar-AAmx8hs
For this discussion, consider the following questions/subtopics:
1. Do some jurisdictions consider bullying (in any form or some forms) a crime? Cite examples if you can find them. Should it be a crime in some circumstances?
2. If you feel that bullying behavior would be considered a crime, how would you define it (i.e. what would be the language that should be used in the statute)?
3. What sorts of bullying behavior coculd or should give rise to civil action against the bully? Which specific torts come to mind and why?
4. Should a parent be liable for their child's bullying of another child?
5. Should their be any distinction made between a victim being a child (minor) or an adult?
6. Do schools have an obligation to educate students and parents on the issue of bullying? Could the school, school board, teachers, etc. have potential liability for not curtailing this behavior when discovered? Should they?
Explanation / Answer
1. Do some jurisdictions consider bullying (in any form or some forms) a crime? Cite examples if you can find them. Should it be a crime in some circumstances?
There is an anti bullying jurisdiction present, the anti bullying regime was introduced under the fair work act, but the actions in the segment have been fairly slow. Many anti bullying orders have been launched but the actions towards the same have been not risen at a huge pace. This may occur since there are no appropriate compensations for the same.
2. If you feel that bullying behavior would be considered a crime, how would you define it (i.e. what would be the language that should be used in the statute)?
Bullying can be termed as a behaviour in which there is unjustified criticism, along with complete exclusion from events as well as situations in which unjustified work demands are made along with rude as well as made up rumours that may destroy the person in a psychological way. . And repeatitiion of these behaviours such that it might be risky to their life or health ( physical and mental ) or their safety in any way, it would be called as bullying.
3. What sorts of bullying behavior coculd or should give rise to civil action against the bully? Which specific torts come to mind and why?
Some bullying behaviours may be calling for extra hours, outside the workers contract, and repeatedly only calling that worker, or , posting unreasonable stuff about the worker on social media or publicly.
4. Should a parent be liable for their child's bullying of another child?
Yes, parent should be held liable for their children’s bullying behaviour since there may be some behaviour by the parents that might mould the children such that they would have to carry out bullying actions. Maybe some negative attributes that the parents might be assigning to certain casts or race or ethinicities which shape the children ps behaviour in the bullying direction.
5. Should there be any distinction made between a victim being a child (minor) or an adult?
No. There should not be any distinctions made between a victim being an adult or a child. Bullying is equally bad in age of adults and children and may result in serious implications in both cases. Though, children or minors may have a more severe result of such bullying behaviours as their minds are more tender, but it has been seen in many cases that even adults commit suicide in the type of bullying that is being done with adults as well. Hence, bullying of any kind should not be allowed, not for adults or minors.
6. Do schools have an obligation to educate students and parents on the issue of bullying? Could the school, school board, teachers, etc. have potential liability for not curtailing this behavior when discovered? Should they?
Yes. Schools need to teach children and educate them about such practices and how harmful they can be for the society. Since school has the responsibility of teaching students and imparting and bringing up responsible citizens, education against bullying forms a major part of that teaching process.
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