Bullying behaviors not only affect individuals but also destroy the harmony and safety of the campus. Schools should be places of learning and growth, environments filled with support and care. However, the occurrence of bullying turns schools into places of fear for many students. Furthermore, the presence of bullying reflects not only interpersonal relationship issues within the campus but also exposes deficiencies in the educational system's handling of such issues. Therefore, recognizing and actively combating campus bullying is a crucial task for educators, parents, and society at large. But what should be done to effectively protect children when they encounter bullying and the school authorities or teachers remain indifferent?

 

 

Forms of Bullying	Description	Scope of Impact
Verbal Bullying	Includes behaviors like insults, taunting, and malicious mockery.	Typically occurs in face-to-face interactions, potentially causing psychological trauma to the victim.
Physical Bullying	Involves physical contact such as fighting, shoving, and attacking.	Causes physical harm to the victim and may bring about psychological fear.
Social Bullying	Involves deliberately excluding someone, spreading rumors, and damaging someone's social relationships.	Often has a negative impact on the victim's social life.
Cyberbullying	Bullying conducted through the internet and social media.	Can lead to the victim suffering online harassment and humiliation.
Psychological Bullying	Includes intimidation, manipulation, and instilling fear.	Primarily affects the victim's mental health and emotional state.
Gender-Based Bullying	Bullying behavior targeting an individual's gender identity or sexual orientation.	Impacts the victim's self-identity and mental health.

 

【Case Background】

The response of school authorities to bullying incidents often plays a key role in determining the development and resolution of these incidents. Unfortunately, in many cases, the school's response to bullying tends to be one of neglect or passivity. This reaction may stem from various reasons, including a lack of awareness about bullying, insufficient evidence, a desire to avoid public scandal, or a lack of resources and strategies to effectively address such issues. However, when school authorities turn a blind eye to bullying, it can not only have serious effects on students, deepening the psychological trauma of the victims and leading to a loss of trust in the school environment, but also affect their learning and social development. It might even indirectly encourage the continuation of such bullying behavior.

 

In a past case we handled, a student attending a private high school unfortunately suffered from bullying by classmates and was subjected to prolonged verbal abuse. Despite the parents repeatedly informing the school, the authorities chose to trivialize the issue with the mindset of 'making a big issue small, and a small issue nonexistent,' leading to secondary trauma for the child. Distressed for their beloved child, the parents were compelled to seek legal assistance.

The prevention and remediation of campus bullying is inherently the responsibility of the school authorities. Public and private schools may have different remedies and methods due to the different legal relationships they have with students' parents. However, what remains constant is the school's obligation to protect students and its liability for damages due to any failure in fulfilling this duty.

 

Taking the case of the private high school as an example, the relationship between the student's parents and the school is a contractual one under civil law. The school's negligence and its attitude of trivializing the bullying incident constitute a breach of the incidental obligations of the civil law contract, leading to liability for non-performance of obligations. In handling the case, our lawyers argued in court that:

- The plaintiff had repeatedly reported to the defendant school's staff about being continuously bullied by classmates, but the school failed to report to the competent authorities as per the 'Campus Safety and Disaster Incident Reporting Procedures,' indicating a failure in its duty to protect, thus constituting incomplete performance.

- The school staff, despite knowing about the child being socially excluded and verbally abused by most classmates over a long period, did not initiate subsequent counseling processes after the bullying incidents, indicating a non-fulfillment of their protective duty.

- The plaintiff had repeatedly reported the bullying by classmates to the school's staff, both verbally and in writing. The defendant did not provide a written application form, failed to report to the competent authorities, and did not conduct follow-up counseling for the child, clearly showing the school's failure in its duty to protect, constituting incomplete performance, for which the school should bear liability for damages.

 

Campus bullying is a serious social issue that should not be overlooked. It affects not only the mental health, academic achievement, and social interactions of the victims but can also have long-term negative effects on the bullies and bystanders. Parents should always pay attention to and be concerned about their children's school life. If a child encounters bullying, it's advised to first report it to the school to initiate relevant procedures. If the school is inactive or indifferent, parents are encouraged to seek professional legal assistance to protect their child from bullying.

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