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Legal Aspects

BULLYING (Pisano, Saturno, 2007)

The school body needs to have the parents of both bullies and victims involved, by informing them about what is happening and about the measures which will be put in place (retributive justice, activities to sensitize and training for students, teachers and parents, etc.) "Should the student break the rules, the school would then need to take disciplinary actions but, contextually, he must commit to a form of active behaviour in that he has got to carry out pay back actions which at the same time need to be educational ones.

Examples: cleaning of the classrooms, small internal works, volunteering and assisting to help the school community. (Circolare del 15 Marzo 2007, Ministero della   Pubblica Istruzione).

The school has to have the students and their parents sign the so called document Social Pact of Co-Responsibility.

“The parents are responsible for the actions carried out by their children, in case the latters did any damage against other people or vandalized the school itself, in which case a penalty fee will be applied, too.” (Circolare del 15 Marzo 2007, Ministero della Pubblica Istruzione, DPR 235 del 2007)

In addition, the school body needs to commit itself to prevent and fight possible new bullying episodes by creating a project to be added to the School Policy against harassment and cruel actions.

I When short of the necessary funds to pay private professionals, who work in this field, in order to accomplish the above mentioned project, the school ought to ask the social services of its town hall for help and assistance.

DO NOT UNDERESTIMATE BULLYINGDO SOMETHING, COME FORWARD!

 

 

CYBERBULLYING (Circolare 30 Novembre 2007, Ministero della Pubblica Istruzione)

Students, teachers and other members of the school community who will want to take pictures, audio or video record inside the school premises, with their own mobile phone or other devices in order to subsequently use, spread and send the personal data acquired, they must commit to the following rules:

A) The people involved need to be informed about:

- the purpose and use of data;

- their rights according to the Privacy Law Code no. 7 (D.L 196 del 2003), such as having all the personal details anonymously erased or amended;

- identificational details of the person who is using the mobile phone or other recording devices.

B) A permission from the individual or individuals involved is mandatory

In the case that therecorderd material is of a delicate and confidential kind, It is extremelyimportant to obtainwritten permission,having understood the prohibition tospread private health records.

 

 

 

CYBERBULLYING - Penalties and fines (Circolare 30 Novembre 2007, Ministero della Pubblica Istruzione)

Not respecting the obligation of informing the people involved will lead to the following fine: penalty from a minimum of 3000 euro to a maximum of 18000 euro.

To be more precise, in the event that very delicate and private material, for instance related to circumstances of prejudice, that can also cause serious damage, the fine will go from 5000 euro to a maximum of 30000 euro. (art. 161, DL 196 del 2003).

ProcedureThe body, which is responsible to receive the report and decide the penalties, is the guarantor.(artt. 161,166. DL 196 del 2003).

 

 

 

CYBERBULLYING CRIMINAL ACTS

In some cases, It`s enough to press charges through the police or the judiciary authority in order to litigate.

In other circumstances, the accusation needs to include a specific request to take to court the person responsible for the crime.

Below are some examples of when It`s necessary to inform the Judicial Authority. (Circolare 30 Novembre 2007, Ministero della Pubblica Istruzione): unauthorised data-gathering, disclosure and diffusion of images pertaining to someone`s private life, taken in private places such as houses. (art.615 bis codice penale); when the offence is deliberately done to cause injury, for instance when specific messages are sent to offend and hurt the dignity of the recipient. (art. 594 codice penale); foul releasing of personal data and details (art. 528 codice penale); preservation of minors from pornographic material (art.600-ter codice penale; legge 3 agosto 1998, n. 269)

Warning:

If the person responsible for the crime is a minor, the jurisdiction belongs to the Juvenile Court.

If the person responsible for the crime has reached major age (18 years old), the jurisdiction belongs to the regular criminal court.

 

 

 

JUVENILE CRIMINALITY - CRIMINAL ASPECTS (Pisano, Saturno 2008)

The school has the responsibility to intervine on two sides

1) JUVENILE  COURT

2) DISCIPLINARY MEASURES

1) The school has the responsibility to inform the Juvenile Court (It is a duty to apply also when it concerns students who are older than 14, in the following occasions:

~fights and rows among students

~personal injuries

~attempts of personal injuries

~vandalism of school facilities

~serious sexual harassment

~attempts of rape

~orderly happy slapping

~cyberbashing

~cyberstalking

~cyberthreats (cyberminacce)

~spread and disclosure of recorded images/videos which contain episodes that happened in the school environment, whose aims are to denigrate and insult the personal dignity of students and teachers.

2) The school can put different measures in place, also with a suspension wich must be no longer than 15 days, according to art. 4,  comma 7 del DPR. 49/1998 (DPR 235 del 2007).

We are infact dealing with criminal acts or actions that can reveal themselves dangerous for the people safety.

 

 

JUVENILE CRIMINALITY - CIVIL ASPECTS (Gian Cristoforo Turri, Procuratore per i minorenni, Trento, Social News, Gennaio 2007, n°1, pp.6)

The civil trial can lead to a sentence and compensation for the damage caused, (in most cases It will be a monetary penalty),  to personal and private property, psychological and/or caused to someone`s health. We can start recognizing the so called existential damage, for the individual`s right has been broken, which is generally related to personal relations.

The parents are not excluded from the possibility of being charged for the crime that their minor son or daughter has committed.

Putting into effect the relevant corrective and educational actions by the parents towards their sons or daughters,  providing them with a proper and appropriate education in relation to their social and financial background and looking out in order to prevent a bad behaviour or correct an inadeqate one, are the foundations of the parents responsibility for the illegal actions committed by their children.(art. 2048, 1° comma cod. civ.).

According to the law, the minors cannot be called upon to fully respond for their crimes, for the don`t have the relevant and necessary indipendency yet therefore the parents are responsible to repond for their illegal actions. However, It`s not always the parents` fault, who can be discharged should they be able to demonstrate they couldn`t prevent their son/daughter from committing the crime and they provided them with proper and adequate education.

If the son/daughter is of an unsound mind, a good education and a prompt supervision is not enough.

In fact the parents have to supervise him/her, have to demonstrate they have done so and nevertheless they haven’t been able to prevent the damage, in order to avoid responsibility, in the case their son/daughter has committed an illegal action. (art. 2047 cod.civ.).

The teachers have a similar poition but not the same as the parents’.

The teacher is responsible should the illegal action be committed by the student during the time he/she is under the teacher`s supervision. (art. 2048, 2° comma cod. civ.).

Like the parents, the teacher can avoid responsibility only by demonstrating the action couldn`t be prevented.

A typical example of teacher’s responsibility is when the damage has happened while he/she was away from the the desk or the classroom.

The vigilance has to be ensured inside and outside the classroom. It’s the school responsibility to make sure the students are watched and checked upon at all times as long as they are inside the premises. It’s well known that the teachers’ and school’s responsibility is accompanied by the Goverment’s where the school is recognized as public. (art. 28 Costituzione)

The individual who gets damaged can take action against either the teacher or the government.

As a matter of fact, who pays is always the government, who can then address the responsibility to the teacher if he/she has intentionally acted or is at fault (breach of rules and duites)

 

 

EDUCATIONAL MATERIAL

Parents Section, Folder <<Scholastic Legislation>>

Find the indicated rules:

Regio Decreto n° 653 del 1925Subject: Students regulation, exams and taxes in the junior and senior high schools.

Regio Decreto  n° 2049 del 1929Subject: Changes of the policy regarding exams in the junior and senior high schools, in relation to the division of the academic year.

Decreto Legislativo, n° 297 del 1994Subject: Prepared text on legislative set-ups in terms of education concerning all schools of any kind.DPR 249 del 1998Subject: regulation containing the rules for all high school students.

Direttiva Ministeriale del 10 Novembre 2006Subject: Information and knowledge of students partecipation.

Decreto Ministeriale n° 305 del 2006Subject: rules about identification of the treated sensible and judiciary data and the relevant operations carried out by the board of supervisors, implementation of Decreto Legislativo 30 Giugno 2006 n°196 (Privacy Code)

Direttiva Ministeriale n° 16 del 05 Febbraio 2007Subject: best practice and disciplinary procedures of international level to prevent and fight bullying.

Direttiva Ministeriale n° 30 del 15 Marzo 2007Subject: best practice and disciplinary policy in terms of using mobile phones and other electronic devices during the academic hours, disciplinary actions and responsibility of supervision from parents and teachers.

Direttiva Ministeriale n° 104 del 30 Novembre 2007Subject: best practice and policy with regards to privacy protection particularly referring to the use of mobile phones or other electronic devices in school environments for the purpose of acquiring and/or spread pictures, video clips or vocal recordings.