Legal responsibility

The Responsibility of the School (In Vigilando)

Legally, the school is primarily responsible for what happens within its premises during school hours. This liability derives from the legal principle of "culpa in vigilando" (fault in vigilance).

Schools have a duty of custody and protection over the minors entrusted to them. This means that they are not only responsible for their academic training, but also for guaranteeing their physical and moral integrity.

If a case of bullying occurs and it is proven that the center was negligent (i.e. it knew or should have known what was happening and did not take adequate and proportional measures to stop it and protect the victim), it can be held civilly liable.

This liability implies that the victim's family can claim financial compensation for the damages (moral, psychological and physical) suffered by the minor.

The lack of a protocol, the inaction of the teachers or the minimization of the problem are the main causes of this liability.

Liability of the Minor Offenders

The legal responsibility of the aggressor depends on his age. In most legislations, criminal liability (i.e., committing a "crime") begins at a certain age (e.g., 14).

If the aggressor is older than this age, his actions (threats, injuries, harassment) may constitute a crime and he will be tried by the juvenile court.

The consequences are not usually imprisonment (reserved for extreme cases), but socio-educational measures, such as probation, community service, prohibition of approaching the victim or internment in a specific center.

If the aggressor is under this criminal age (for example, under 14 years of age), he cannot be charged with a crime. However, this does not mean that he has no liability.

In this case, the civil liability for the damages caused falls directly on his parents or legal guardians.

The Civil Liability of the Parents of the Aggressor

The Civil Code usually establishes that parents are directly liable for damages caused by their minor children under their care.

This is a quasi-strict liability: they are not required to have acted wrongfully, but are liable because they are the guarantors of the minor.

Therefore, if a minor (especially those under 14 years of age who are not criminally liable) causes damage by harassment, their parents must pay compensation for the moral, psychological (cost of therapies) or physical damage caused to the victim.

This parental liability is in addition to that of the school.

It is common that, in a civil lawsuit, the victim's family sues jointly and severally both the school (for lack of vigilance) and the aggressor's parents (for the acts of their child), both having to respond financially for the damage inflicted.

Summary

The school has a legal responsibility to protect minors, known as culpa "in vigilando". If negligence is proven for not acting against bullying, it may be civilly liable and pay damages.

The aggressor's liability depends on his age. If he is over the age of (for example) 14, he may face a juvenile prosecution for his actions. If he is a minor, he has no criminal liability

If the offender is a minor (especially if he is not criminally liable), his parents are directly civilly liable. They must pay compensation for the damages that their child has caused to the victim.