The European School in Alicante was found guilty of negligence in a case of bullying by the Provincial Court. The ruling backs up the sentence given at the time by a juvenile court in Alicante. The two young harassers, who were brothers, were put on probation and told to work for the good of the community. They were also ordered to pay the victim 9,000 euros in damages, of which the centre will have to pay 5,400 euros. The tenth section says that the school was wrong not to propose separation measures for the harassers of the complainant, who was thirteen years old at the time, and they decided to victimise her again. As a result of the steps, her class was taken away and given to groups with special educational needs. There is no way to change the decision that was made.
The governments of the EU member states work together to build European educational centres that offer a multicultural and multilingual education built on learning by doing and with a European focus.
Because they were younger than 14, they were there the whole time Insulting the victim in a contemptant and mockery tone to disgust her with words like “ugly,” “dumb,” “flat,” and “women are useless.” These comments were said in German so that no one could understand them. After going on a trip to the Queen’s Baths, the harassment got worse because the victim started getting sexual texts on WhatsApp from the stalker’s brother. The young woman had a very high level of anxiety and sadness.
A juvenile court has already found both teens guilty of a UN crime against moral integrity and given them a 12-month supervision order and 100 hours of community service work. The European School was found civilly responsible for failing to take measures to protect the minor, which was something that the victim’s family specifically asked for, and they did so through attorney Domingo Salvatierra. Both the teens who were pestering and the school appealed the sentence to the appeals court, which upheld it almost nine months later.
The mother of the victim said, “These have been very hard months since the sentence, especially because of the attitude of the defence that tried to discredit my daughter’s testimony by saying that he had a history of depression and that this could have skewed your perception of the facts.” There was no reason for this, and it wasn’t true because my daughter was fine before she was harassed. He said that bullies is still studying at school, while she had to pick up two of her girls from school. He said, “The youngest sister started to be bullied by the same people, and the school did nothing.” He also said, “My daughters are happy and have been welcomed in a respectful environment with zero tolerance for bullying.”
Mother said they told her they would take her daughter out of class and put her in a programme for kids who have trouble learning instead. He said, “My daughter didn’t need any special accommodations; she just needed to be protected from their attackers.” He regretted that they had never asked for forgiveness, but “instead of providing a safe environment, they have chosen to ignore my daughter’s procedure.”
“The European School has all the resources it needs and could have used them to be fair and protect”My daughter,” he said. Only one of his three daughters is still at the centre. The school says that the other two sisters paid all of their fees, even though only one of them went for three months and the other six because they weren’t sure how to handle “harassment.”
The European School said in the plea that it has programmes of zero tolerance against harassment and tried to do something about it. However, the now-confirmed sentence said that the measures used to keep the girl away from the harassers were “certainly stigmatising for the person who was subjected to the harassment,” even though the centre did not know about them for months. The Court comes to the conclusion that the decision that told the school it was wrong was legal. In this way, remember that a lot of case law says that los teaking centres have a relevant role in the training and education of the minor, just like a parent or guardian would. This means that the people who own these centres can be held civilly responsible for damages caused by crimes committed by minors. The person who commits the crime is the main person legally responsible, but that doesn’t mean that everyone else who is also guilty will be freed.
In cases of harassment, there are more and more punishments that call out educational centres and their managers for not doing enough to stop it. The Department of Education was sentenced to a secondary school in Castellón last week for not taking action in a case from the 2020–21 school year when the student’s family filed a complaint. They didn’t follow the required steps when the family complained, and they also thought the student’s absences from class were not justified. The family of the person who was hurt had to pay 20,000€ in damages by the Administrative Litigation Chamber of the High Court of Justice.
After the recent changes to the sexual freedom law, it is now possible for schools to be prosecuted criminally as people if it is proven that they do not take effective steps to stop harassment. The same way that companies have to take steps to keep their employees safe from accidents, schools and other organisations need to do the same to stop and detect bullying. And if they don’t, they’ll be breaking the law. The lawyer Carlos Gomez Jara is pushing for this legal effort, and the magistrate of the Supreme Court, Vicente Magro, wants to bring criminal charges against schools that don’t have good ways to stop students from being bullied in the classroom.
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