The principal has a legislative duty to investigate any matter reported by an employee of the board that a student of the school has engaged in bullying 1 while at school, at a school-related activity or in other circumstances where engaging in the activity will have an impact on the school climate.2 All employee reports made to the principal, including those made verbally, must be confirmed in writing, using the “Safe Schools Incident Reporting Form – Part I” in a timely manner. The results of the investigation are to be communicated to the employee who reported the matter using the “Safe Schools Incident Reporting Form – Part II”.3 If a board employee, who is not a teacher, made the report, the principal will communicate the results of the investigation to the employee if considered appropriate in the circumstances. The Principal must not disclose more personal information than is reasonably necessary for the purpose of communicating the results of the investigation.4 Where the principal is the sole witness to an incident, the principal is similarly required to use the reporting form to confirm in writing what he or she witnessed.
Where a principal believes that a student of the school has been harmed5 as a result of cyberbullying, the principal must, as soon as reasonably possible, notify the parent or guardian of the student who the principal believes has been harmed and the parent or guardian of any student of the school who the Principal believes has engaged in the activity that resulted in the harm.6 If, in the Principal’s opinion, notifying the parent or guardian of the student would place the student at risk from his or her parent or guardian, the principal is not required to notify the student’s parent or guardian.7 When the principal does not notify the student’s parent or guardian, he or she must document the rationale for this decision and notify both the teacher who reported the incident and the appropriate supervisory officer of this decision. In addition, the principal should refer the student to board resources or to a community-based service provider that can provide the appropriate type of confidential support when his or her parents are not called. Where board employees have reason to believe that a student may be in need of protection, board employees must call Children’s Aid Society according to the requirements of the Child, Youth and Family Services Act 2017.8
Cyberbullying is an activity for which suspension must be considered by the principal.9 Principals must suspend a student for cyberbullying, and consider referring the student for expulsion if (1) the student has previously been suspended for bullying, and (2) the student’s continuing presence in the school creates, in the principal’s opinion, an unacceptable risk to the safety of another person. When both of these conditions are met, the principal must suspend and consider referring the student for an expulsion hearing. This means that behaviour should be considered carefully before it is identified as bullying. Principals must also suspend a student, and consider referring the student for expulsion for bullying where the activity is motivated by bias, prejudice, or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, gender identify, gender expression, or any other similar factors (ex. socio-economic status, appearance.10
Cyberbullying investigations are complex and challenging. Principals should consult with the appropriate board personnel, including superintendents and may also need to access external support services including the police. The Protective Services Team of OPC is available to provide further support.
When conducting the investigation:
- Find and preserve the evidence
- Determine the author(s)
- Assess the scope of the commentary and the impact on school climate
- Prepare a communication plan.
(Source: OPC Professional Services, March 2008)
“The most effective approach to cyberbullying is to create a positive school environment…”
- Learn your legal rights and those of your students as they relate to education.
- Lose the outdated world view that technology is only a means to an end or a way to transmit information.
- Write clear policies that will help students thrive in a pluralistic society; one that balances freedom to express one’s self and respect for others.
- Work with students to help them understand the serious consequences of cyber-bullying for themselves, their victims, their families, friends and schools.
- Involve students in rule making for school codes of conduct.
- Close your own information gap by pursuing professional development about the Internet, in which innovative thinkers offer forward-looking guidance.
- Bring in technology experts, including Internet and cell phone providers, to explain how to help students who have been cyberbullied document their experiences.
- Inform students and staff about whom to contact at the school and respond quickly and consistently to incidents.
- Remember that every case is different.
- Deploy creative techniques like peer mediation, restorative approaches, peacemaking and conflict resolution.
- Network with community groups, such as the police; don’t try to do it alone.
- Maintain appropriate boundaries on social networking sites.
- Learn to live with complexity…there are no easy solutions.
(Source: “Cyberbullying” by Beatrice Schriever. Professionally Speaking: The Magazine of the Ontario College of Teachers
Remember
Nothing is truly private when you use digital communication. When you are using board equipment and communication links, the board can access all your messages and online sites visited if any of this communication went through board servers or has been accessed using board equipment.
1. Education Act R.S.O. 1990, CHAPTER E., ss.306(1) (6) and s.310(1)(7.1).
2. Ibid.,s s.300.2(3).
3. Ibid., ss.300.2(4).
4. Ibid., ss.300.2(5).
5. Harm defined in PPM 144 (pg.4): Harm that can be experienced a number of ways, including, physical, mental, emotional, and psychological.
6.Ibid., ss.303.3(1).
7. Ibid. ss.303.3(3).
8. Progressive Discipline and Promoting Positive Student Behaviour, PPM No. 145, p. 9.
9. Bullying Prevention and Intervention, PPM No. 144 (December 5, 2012), p.2.
10. Ibid., ss.1(1.0.0.2).