Page 8 - Mini-Module 6

Legal Reasons

Consider the following roles and responsibilities of principals.

● Principals have to be able to demonstrate that they have
implemented strategies to prevent bullying and that their staff are
trained appropriately.

● Principals are responsible for ensuring that their school has systems
in place including policies and procedures, to prevent bullying and
that all staff and parents are informed of these policies.

● Principals are liable and may face legal action if a student suffers
physical or emotional injury at school or during school-related
activities attributable to bullying.

● Principals are required to provide a safe workplace, and may be
legally liable if he/she "knew or should have known" about
harassment of an employee and failed to take remedial action
(particularly harassment on the grounds of sex, race or disability).

To bring an action against a principal, a parent (or staff member) has to
show negligence on the part of the school and there are three aspects to
negligence, namely a duty of care, breach of that duty and damage as a
result.

It has been established that a Principal stands in loco parentis (in place of
the parents) and therefore they owe a duty of care to the students. This
duty of care includes protecting students from harm from bullying and all
forms of harassment including racial prejudice. In practice. for there to be
a breach of the duty the Principal should know that a child is being bullied,
i.e. that they have been told by the student or parents, or ought to know
(because the circumstances make it obvious) and that the principal fails to
prevent it from recurring. The damage can be either physical or
psychological. The Principal is primarily liable but shares responsibilities
vicariously with the Department (EDB).

In addition to duty of care and liability, bullying is an issue of leadership
because it can result in a school becoming dysfunctional.

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