Nearly three years after the Law Reform Commission completed its report on bullying in the Cayman Islands, Cabinet has approved its recommendations and given the go-ahead for the final drafting of anti-bullying legislation and related regulations.
Locally advocacy group United Against Bullying Foundation has welcomed the move.
“The members of the United Against Bullying Foundation is relieved to learn about the new developments regarding the anti bullying legislation. It’s about time our government put the safety of our children first. This law is long overdue to say the least. Our Children have been affected by bullying in our schools for far too long,” the foundation told the Cayman Compass in a written statement.
Cabinet, during its 2 Aug. weekly meeting, approved the November 2020 final report titled ‘Bullying: Legislation, Policy or Both?’
The report recommended law and policy changes, citing that “the majority consensus is that the prevalence of bullying is exceptionally high in schools and social gatherings alike and that the physical, mental and emotional harm often caused by bullying conduct frequently leads to permanent damage for victims”.
It added that victims face additional problems resulting from a lack of treatment or counselling.
Education Minister Juliana O’Connor-Connolly, in a comment to the Compass, welcomed the movement on the long awaited changes.
“Cabinet’s approval of the Law Reform Commission’s Final Report and the issuance of drafting instructions to finalise the Anti-bullying (Schools) Amendment Bill and Regulations, 2022 will enhance our efforts to ensure that our children can learn in a safe environment. Eradicating bullying is everyone’s business, and the Ministry of Education and Department of Education Services are committed to zero tolerance,” she said in an emailed statement.
The foundation, in its statement, urged that any anti-bullying legislation as well as policy changes cover holding parents and schools accountable.
“We hope there is some accountability clause in the law relating to parents and accountability for schools; that is teachers, principals, heads of school for late response and actions executed to resolve bullying issues,” the foundation said.
Tackling bullying and violence in schools
The Law Reform Commission also noted that there are actions that students and school staff can take to prevent bullying and to create a more positive school climate.
“The culture of school violence cannot be impacted by only working with bullies and victims alone. It takes consistent and united action by everyone – students, school staff, administrators, parents and government,” it said in the report.
The LRC’s report recommended school administrators and staff be fined $3,000 for failing to implement those provisions, and parents and students who do not abide by the law be fined $1,000.
At present, Cayman has a National Anti-Bullying Policy for schools; however, advocates like Janet Sinclair Young, founder of the foundation, have said more is needed.
Sinclair Young, who formed the foundation in 2018 after her son had been bullied in school for two years, raised the issue of government inaction in dealing with bullying as the world marked Anti-Bullying Month last October.
At that time, the Education Ministry told the Cayman Compass that it “is working along with the relevant parties to advance the amendment of the Education Law, 2016, to include the National Anti-bullying Policy and develop the Anti-bullying (Schools) Regulations as soon as possible”.
Though Cabinet has approved the issuance of drafting instructions, there is no timeline on when changes will make their way to public consultation and then to Parliament.
National Anti-Bullying Policy for schools
– All government, assisted and independent schools must have an anti-bullying policy
– All students and parents must feel supported when bullying is reported
– Must state that bullying will not be tolerated, in any school or other educational establishment
However, Education Minister Juliana O’Connor-Connolly said last October that there is governmental commitment to amend the Education Act to include the National Anti-Bullying Policy and develop Anti-Bullying (Schools) Regulations.
She also referred to the inclusion of changes to tackle cyber-bullying.
“While internet use can be quite beneficial, it also broadens the risk of exposure to cyber-bullying. The growing risk of exposure to cyber-bullying coupled with students’ increasing vulnerability to feelings of depression and anxiety as a result of the COVID-19 pandemic, not only requires intervention by trained mental health professionals but necessitates acts of kindness from others with whom they interact,” the minister said in her anti-bullying message last year.
The Law Reform Commission, in its report, recommended that the amendment to the Education Act require “every school to put in place a written Anti-Bullying Policy based on national policy and other prescribed requirements, that includes the disciplinary penalties to be imposed or other disciplinary action to be taken against persons subject to the legislation and the procedures for the enforcement of the disciplinary penalties or other action”.
It also recommended that policy oversight measures be included as a means to ensure that the policy formulated by a school meets “the minimum requirements of the legislation. In this regard, schools should be required to submit their Anti-Bullying Policy for approval by the Department, in the case of a government school, the governing body of an assisted or independent school and the Ministry of Education and the Education Council.”
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I still think that this issue should remain in the domain of ethics, manners, schooling and parenthood and should not be put into law. Clearly everyone is aganst it. And surely schools have some powers to deal with it administratively as it is.