In Germany, the Ministry of Education published guidelines for schools on how to deal with bullying in schools. The following characteristics identify bullying: Intent to Harm, Repetition, Power Imbalance, and Helplessness. If bullying is detected, they provide teachers with 5 steps to follow. First, they should act immediately. This includes halting any aggressive behavior and ensuring the victim is safe. Also, they are obliged to assess if the already mentioned bullying criteria are met. Then, Teachers and school staff need to discuss the situation with colleagues to decide on the best course of action. This might involve engaging the victim and the bully in separate conversations and determining the next steps. Lastly, the victim should be provided with support to offer a safe school environment again
In addition to the teacher guidelines, there are also ones for School Leadership Teams. First, they have to ensure that anti-bullying policies are being followed. This includes supporting teachers and staff in addressing bullying cases effectively. They must also keep parents informed about the situation and involve them in the process. If bullying is severe, it can involve legal action. Schools have to be educated about laws and might need to involve authorities.
Intervention programmes
The Ministry suggests implementing the following programmes:
- No Blame Approach
- Goal: To develop awareness among all involved parties and promote a sense of responsibility for the victim.
- Key Feature: The focus is on supporting the victim and changing the behavior of the bully without resorting to blame or punishment. The intervention team must be well-trained in this approach.
- Shared Concern Method (SCM)
- Goal: To change the attitude of the bully without stigmatizing them.
- Key Feature: This method aims to change the behavior of the bully by focusing on empathy and shared responsibility. It’s important that the intervention team is experienced in handling such sensitive situations.
- Against Violence Concept (Gegen Gewalt Konzept)
- Goal: To address direct bullying and involve students in stopping the bullying behavior.
- Key Feature: This program involves students in solving the issue by giving them a proactive role in helping to stop the bullying.
- Farsta Method
- Goal: To directly confront the bully with their actions and hold them accountable for their behavior.
- Key Feature: This is a more confrontational approach that focuses on directly addressing the bully's actions and encouraging them to take responsibility.
- Whole-School Approach to Preventing Bullying
- Goal: To create a school culture that actively works to prevent bullying through education and awareness.
- Key Features: The entire school community, including teachers, students, and parents, must participate in fostering a safe and respectful environment.
- Use of Self-Assessment Tools (e.g., AVEO Tool)
- Goal: To evaluate and track the occurrence of bullying and violent behaviors in schools.
- Key Feature: The tool allows for anonymous data collection, ensuring privacy and accuracy. It helps schools identify bullying issues early and adjust their strategies accordingly.
- School-Wide Anti-Violence Campaigns
- Goal: To foster a collective responsibility for maintaining a violence-free environment.
- Key Features: Conducting workshops and campaigns that educate students and staff about the harmful effects of bullying; Creating a school-wide policy of zero tolerance towards violence; Involving parents in prevention efforts through communication and awareness campaigns.
Legal actions against Bullying
If Bullying is severe, there are steps you can take under German law. The Guidelines give a brief overview over duties school have and how bullies could be punished by law:
- School Organisation Act (SchOG)
- § 2 SchOG - Educational Duty of the School: The School Organization Act (SchOG) emphasizes that schools are responsible for educating and supervising students. Bullying falls under this responsibility as it is a form of violence that negatively affects students' education and well-being.
- § 47 SchUG - Cooperation in Education: This section regulates that schools must work together with parents to promote the child's well-being and intervene in cases of violence, such as bullying.
- § 51 SchUG - Duty of Supervision: Teachers and school management are responsible for ensuring students' safety, both physically and psychologically. This includes preventing and intervening in bullying incidents.
- Compulsory Schooling Act (SchPG)
- School Attendance Requirement: Students are required to attend school. Bullying that threatens a student's well-being can endanger their ability to attend school and learn. Therefore, schools must take measures to ensure that all students feel safe.
- Criminal Code (StGB)
- § 115 StGB - Defamation: If insults are part of the bullying, they could be considered a criminal offense of defamation.
- § 111 StGB - Slander: Bullying that spreads rumors or false information about someone could fall under the crime of slander.
- § 297 StGB - Defamation: If false accusations are spread, this could be legally classified as defamation.
- § 125 StGB - Property Damage: If bullying leads to damage to school property, it could be considered criminal property damage.
- Legal Framework for Cyberbullying
- § 107 StGB - Violation of Postal Secrecy: If bullying involves disclosing private messages (e.g., emails, text messages) without consent, this could violate postal secrecy laws.
- § 1 Abs. 1 of the Telecommunications Act (TKG): Refers to the use of communication services (such as WhatsApp, Facebook) for harassing or offensive actions, which may also be legally relevant.
- Education Laws
- § 49 SchUG: In severe cases of bullying, school management can take disciplinary actions, including moving the perpetrator to another class or taking legal steps, up to involving the police.
- Parental Involvement
- Under § 48 SchUG, schools are required to inform parents about incidents like bullying and involve them in the solution process. This is particularly important when the parents' educational responsibility is not sufficiently fulfilled due to their child's behavior.
Do you think this is enough?
Source: Haller, B., Gümüs, Z., Schuschnig, U., Jäger, C., Buchegger, B., Prochazka, E., Rothuber, G., Haller, P., Schröder, B., & Wallner, F. (2018). Mobbing an Schulen: Ein Leitfaden für die Schulgemeinschaft im Umgang mit Mobbing. Bundesministerium für Bildung, Wissenschaft und Forschung.
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