The court condemned the incident paying 10,000 euros to your college Madrid for not protecting the student racist harassmentinsults and harassment Subjected to at least two courses from 8 to 10 years old.
The Madrid Court upheld the sentence in a sentence put forward by elDiario.es, to which EFE had access, upholding the allegation against the center for bullying by the Aranjuez Court of 4th Instance.
The mother sued the school alleging that her daughter (age 11) was suffering. Bullying with a racist component since October 2012, when he was a 5-year-old boy, until June 2018, when his headquarters was changed. His request was directed to the school and education center and the Education Inspectorate of the region, who not only demanded financial compensation from him, but also demanded it. personally apologizing to the minor and his mother for not showing the care, attention and care that they are responsible for the students.
The defendants, acting with all due diligence, opened the bullying protocol and denied that racist bullying had occurred, and without any evidence However, the decision condemns the center for failing to prove that it has taken action to stop the bullying in question, as it considers it proven that bullying was experienced by other students, at least during the 2016/17 and 2017/18 academic years. . .
The sentence describes the mother’s e-mail to the school from November 2016, telling her about situations in the garden where her daughter, called “nigga”, “son of a bitch”, told her, or how others beat her. pulling her hair “too hard”.
It also includes incidents of bullying described by their teacher when she mentions two of her classmates in her class diary. they said his skin is shit color. Other grades indicate the stress or anguish experienced by the student who cries frequently and suffers from constant cases of bullying.
In addition, the decision mentions not only that he had an illness, but also the medical reports drawn up after the facts. Symptoms consistent with sadness and bullying, and depression but also the presence of suicidal thoughts. Later, with the change of center, the situation improved.
The college appealed, arguing that it acted promptly and consistently and used every means possible to verify the alleged facts, prevent and detect future situations. In this context, the decision explains that the bullying protocol comes into play, and mentions the psychological counselor’s report as well as the constant communication and interviews between the mother and the school.
However, the Courtthe measures taken were not proportionate to the circumstances This is due to the education center’s classification as a conflict between equals rather than bullying. Therefore, it has adopted preventive measures where “alarm signals sent by the minor are insufficient in terms of permanence”. He cites an incident described as “crying or isolation” and, for example, with an obvious racist component in his class diary in March 2017, months after the implementation of these measures.
In particular, the education inspector said, “The inadequacy of the measures is evident outside the classroom, that is, in the courtyards and at meal times”. little supervision in bathroomsTherefore, “The education center’s response was not sufficient to prevent the abuse experienced by the minor.” The headquarters and those responsible for the inspection were acquitted.