How is school bullying legally defined? 5% to 6% of French students are victims of school bullying in France. Figures disputed by the associations which evoke, they, 10% of harassed pupils.
franceinfo: What does it take for there to be harassment?
Philippe Duport: To answer these questions, I interviewed Maître Valérie Piau, a lawyer specializing in education law and author of Guide Piau, the rights of students and parents of students, published by L’Etudiant.
So for there to be school bullying, facts must be repeated over time, which are not simple arguments or insults, which places a student in a position of inferiority, not in a position to defend himself, for example, if he is alone in front of a group or because he has a disability. And these facts must have an impact on the student’s health or education.
Is the notion of school harassment fairly recent in the law?
Yes, because its most recent recognition dates from last March. The law of March 2022 creates a specific offense of school harassment. We must be able to go to school without being the victim of harassment.
Is the student entitled to protection from the establishment?
Yes, there is an obligation on the part of the establishment to ensure the health and safety of its students, particularly from the moment it is notified by the family of a case of harassment. The institution has an obligation to act. It would be a failure, a mistake not to do so.
Concretely, for the parents, specifies Valérie Piau, something must have happened in eight days, otherwise you have to contact the higher level, the rector or the DASEN, the academic director of the services of the National Education.
Should I file a complaint?
It will be a long procedure, but the lawyer advises to file a handrail in a police station and to gather testimonies from comrades, screenshots, everything that can prove the harassment.
And finally, what does the child bully risk?
With the new offense of school harassment, very heavy fines. 45,000 euros if there is a temporary interruption of work of less than eight days, 75,000 euros for an ITT greater than eight days, and 150,000 euros if there has been suicide or attempted suicide. If the victim is a civil party, it may be up to the parents to pay these criminal fines.