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Publication date: 11.04.2024
The problem of bullying in educational institutions is becoming more and more relevant in the modern world. This is a form of violence that can have serious consequences for the mental and physical health of children, adolescents and other participants in the educational process. Let's consider the signs of bullying and the action algorithm for its detection and response.
Cases and signs of bullying
Bullying can take many forms, including physical, verbal, social, emotional, economic, psychological and sexual abuse. The main signs of bullying include constant intimidation, humiliation, isolation, spreading rumors and insults.
Physical bullying can be the task of kicking, hitting, slapping, psychological - ignoring, expressing threats or mockery, economic - damaging things or extorting money, sexual - offensive looks, gestures, distribution of materials of an intimate nature, cyberbullying - humiliation on the Internet or chats.
Children who become victims of bullying may show: withdrawal, anxiety, fear, demonstrate a complete lack of fear, unbalanced behavior, slowed thinking, avoidance of communication, the appearance of rapid fatigue, depressive states, sudden mood swings, stress, decreased self-esteem, self-harm and other psychological problems
Ways to identify cases of bullying in educational institutions
According to the Law of Ukraine "On Education", students and teaching staff are obliged to inform the heads of educational institutions about cases of bullying against participants in the educational process, which they witnessed or became aware of.Each educational institution has an approved plan of measures aimed at preventing and countering bullying in the educational institution for the purpose of identifying, preventing and countering bullying. According to the requirements of the law, the educational institution is obliged to publish a plan of measures aimed at preventing and countering bullying on its websites on the Internet.
Response procedure of educational institutions in case of detection of cases of bullying
The Ministry of Education and Science of Ukraine approved the Procedure for responding to cases of bullying and the Procedure for applying measures of educational influence.
If the head of an educational institution receives information about a case of bullying or suspicion of its commission, the head of the educational institution is obliged to act in accordance with the approved procedure.
Thus, the head of an educational institution, after receiving information about a case of bullying, must notify the police and the parents of a child who has become a victim of bullying, the children's service, the center of social services for families, children and youth, and, no later than during within three working days, convene a meeting of the commission to consider the case of bullying (harassment).
Within ten working days, the commission for reviewing the case of bullying collects information about the circumstances of the case of bullying, reviews and analyzes the collected information and makes a decision to confirm or deny the facts and circumstances specified in the relevant statement or message.In the case of confirmation of a case of bullying in an educational institution, the commission carries out measures to assess the needs of the parties to the bullying, determine the causes of bullying, necessary measures to eliminate the causes of bullying, determines the measures of educational influence on the parties to the bullying, monitors the effectiveness of the implementation of the adopted measures, provides recommendations to its teaching staff and parents students on methods of interaction with children who have become parties to bullying.
Liability of offenders for committing bullying in educational institutions
In the case of confirmation by the commission of facts and circumstances that have signs of bullying, the territorial bodies of the National Police of Ukraine make a decision to draw up a protocol on the commission of an administrative offense, provided for in Art. 173-4 of the Labor Code of Ukraine. The protocol is drawn up in relation to one of the parents, or a person who replaces them, if the offender is between the ages of fourteen and sixteen, and for the offender himself, if he is over sixteen years old.
In addition to the imposition of administrative penalties, the offender may bear civil liability, in particular compensation for moral and material damage, in the event that the victim submits a claim to the court.
Separately, it is worth noting that every case of bullying must receive a response determined by the Ministry of Education and Science of Ukraine.
The head of the educational institution bears personal responsibility for concealing cases of bullying that occurred in the educational institution (Part 5 of Article 173-4 of the Code of Administrative Offenses).
Conclusion
Bullying in educational institutions is a serious problem that needs attention and response. Educational institutions and their teaching staff have a key role in identifying and preventing bullying, as well as in supporting victims and educating perpetrators. Collaboration between educational institutions, law enforcement agencies, and the public can help create a safe and supportive environment for all participants in the educational process.
Lawyers and attorneys of the legal marketplace "Consultant" provide legal consulting, representation, protection of rights and interests in cases related to bullying throughout Ukraine ( General ).
The author of the article will provide online counseling or personal legal support to both the parties of bullying and the heads of educational institutions and commissions for reviewing cases of bullying (harassment).
Our team carries out a legal analysis of the situation by a lawyer, provides a legal opinion of a lawyer, if necessary, will ensure the writing of a lawyer's request and receiving an answer to a lawyer's request.
