You are a school administrator at a large high school with approximately 1300 students. One of the students at your school has been the repeated target of homophobic bullying by other students since grade 9. Now in grade 11, the student continues to experience both psychological and physical episodes of homophobic bullying at the hands of many of his classmates. He reports the incidents to his teachers and to you after they happen. Both you and the teachers involved deal with the incidents as they arise by talking to and punishing the students involved in the bullying behaviour. Despite these actions, the student continues to experience bullying. His teachers report that his schoolwork is suffering and his grades decline considerably. He becomes withdrawn, depressed and develops anxiety about attending school. He is more frequently involved in altercations with other students where he says he is defending himself against their aggressive homophobic behaviour. His parents meet with you several times and express concern for their son’s safety at school and ask what you are doing to keep him safe. You mention that you address the incidents as they arise. They say that you aren’t doing enough to keep their son safe at school because you aren’t addressing the bullying and harassment as an ongoing problem but just dealing with incidents individually after they occur. You explain that preventing bullying of this kind at such a large school would be very difficult.
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No. you are not meeting your responsibilities under the Code. Under B.C.’s Human Rights Code, high school education is a service customarily available to the public and those accessing the service, in this case students, have the right to do so free from discrimination. This student has experienced ongoing harassment and bullying that is based on a protected characteristic of the Code—sexual orientation. While you have addressed specific incidents of harassment, you have not addressed the ongoing nature of the discrimination. While addressing discrimination in a school may be difficult, it is not enough to refuse to address discrimination simply because it may be difficult to do so. You are required to explore all options to respond to the discriminatory school environment. There is no evidence to show that you have explored potential options to address the ongoing nature of the bullying and harassment.
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