SCHOOL VIOLENCE PROCEDURE

School Violence Case Procedures

This guide explains the order of handling from a school violence report to deliberation and measures by the School Violence Countermeasures Deliberation Committee, and the responses available to the offending student and the victimized student.

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School Violence 02Protective Measures and Prevention of Retaliation

Preventing Retaliation and Protective Measures for the Victim

This is the procedure for requesting protective measures such as separation, a no-contact order, counseling and treatment so that, after a report, your child is not retaliated against and can attend school safely. Make requests in writing so that no measure is left out.

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  1. 1Requesting immediate separation
  2. 2Urgent protective measures
  3. 3Ban on contact, threats and retaliation
  4. 4Psychological counseling, treatment and recuperation
  5. 5Class transfer
  6. 6Additional report if retaliation occurs
  7. 7Claiming treatment costs

Process flowchart

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  • Basic step
  • Additional action / option
  • Rejection / objection
  • End of procedure
Now
STEP 1Party

Requesting immediate separation

Basis: School Violence Prevention Act §16

At the same time as reporting, ask the principal for immediate separation from the offending student. The principal must separate them without delay unless there are special circumstances, such as the victim objecting (Enforcement Decree §17-2(1)).

Next: Urgent protective measures

Explanation

When you report, ask the principal right away to separate your child from the offending student. This is the first measure to prevent retaliation or further harm. Unless there are special circumstances, such as the victim objecting, the school must separate the two students.

Time required
Immediate separation upon report; after the deliberation committee's request, the superintendent takes protective measures for the victim within 7 days; the period of counseling and treatment varies by case
Cost
As a rule, counseling and treatment costs are borne by the offending student's guardians; if you wish, the School Safety Mutual Aid Association (or the provincial or metropolitan office of education) pays first and then seeks reimbursement from the offending side

Procedure guide

Read from start to finish in order. Red text marks deadlines set by law.

  1. 1

    At the same time as you report, ask the principal to separate your child from the offending student right away (immediate separation) (School Violence Prevention Act §16). The principal must separate them unless there are special circumstances, such as the victim objecting (Enforcement Decree §17-2(1)). The period and method of separation follow the standards set by the Minister of Education (Enforcement Decree §17-2(2)), so check with the school.

  2. 2

    If the victim asks for urgent protection, the principal takes protective measures such as psychological counseling, temporary protection and treatment first, without waiting for the deliberation committee's decision, and reports to the deliberation committee immediately (School Violence Prevention Act §16(1)). If you request the measures you need in writing, you can make sure none are left out.

  3. 3

    When the principal learns of school violence, the principal must, even before deliberation, take measure No. 2 (ban on contact, threats and retaliation against the victim and the reporting student) without delay (School Violence Prevention Act §17(4)), and the deliberation committee can also request this measure (§17(1) item 2). Contact through information and communications networks is also banned.

  4. 4

    Under measure No. 1 (psychological counseling and advice from experts inside or outside the school) and measure No. 3 (treatment and recuperation for treatment), your child receives counseling and treatment at a Wee Center, Wee Class, hospital or similar (School Violence Prevention Act §16). Absences during this period can be treated as attendance if the principal approves (School Violence Prevention Act §16(4)). So ask the school to recognize them as attendance.

  5. 5

    If your child must keep facing the offending student in the same class, your child can receive a class transfer (No. 4) that moves the victim to another class, or you can request a class transfer (No. 7) or school transfer (No. 8) for the offending student.

  6. 6

    If the offending student or their friends retaliate through harassment, ostracism or badmouthing, report it right away as new school violence. Retaliation is not a case that can be resolved within the school (School Violence Prevention Act §13-2(1) item 4), and it is a ground for imposing measures at the same time or making them heavier (§17(2)). Record signs of retaliation right away, such as screenshots of badmouthing, photos of the student approaching, and statements from people who saw it. This is because refusing or avoiding the ban on contact and retaliation is a ground for disciplinary action by the principal or a request for additional measures (§17(10)(15)).

    Current step
  7. 7

    Claim counseling, treatment and recuperation costs from the School Safety Mutual Aid Association (or the provincial or metropolitan office of education) and receive them first. The association then seeks reimbursement (claims the costs it paid on their behalf) from the offending student's guardians (School Violence Prevention Act §16(6)). The costs the association pays first are psychological counseling and temporary protection costs at institutions designated by the superintendent of education, and treatment, recuperation and medicine costs at hospitals, pharmacies and the like; the claim and payment procedure applies Article 41 of the Act on the Prevention of and Compensation for Safety Accidents at Schools mutatis mutandis (Enforcement Decree §18).

Deadlines to keep from now

This procedure has no statutory deadlines.

Preparation and checks

  • Request immediate separation and urgent protective measures in writing. This prevents any measure from being left out.
  • Keep counseling and treatment receipts and medical certificates (needed for claims to the School Safety Mutual Aid Association).
  • For absences during protective measures, ask for recognition as attendance to avoid an absence record.
  • Record signs of retaliation (screenshots of badmouthing, photos of approaches, witness statements) right away. They become evidence of violation of the measures.
  • If retaliation occurs, report it again right away. Retaliation is a ground for heavier measures.

When you need a lawyer

Some cases need a lawyer's help with formal requests to the school or office of education and additional reports. One is when separation or protective measures are not properly carried out.

Others are when contact or retaliation continues even after measure No. 2 (ban on contact, threats and retaliation), and when a claim for treatment costs is refused.

Current position (6/7)

Step 6 · Additional report if retaliation occurs

What to do now

If the offending student or their friends harass, ostracize or badmouth your child, report it right away as new school violence. Retaliation cannot be resolved through the principal's own resolution.

Because of retaliation, the deliberation committee can impose measures from suspension from attendance up to expulsion at the same time, or make the measures heavier.

So record signs of retaliation right away, such as screenshots of badmouthing or photos of the student approaching.

  • Record signs of retaliation (screenshots of badmouthing, photos of approaches, witness statements) right away. They become evidence of violation of the measures.
  • If retaliation occurs, report it again right away. Retaliation is a ground for heavier measures.

What comes next

Step 7 · Claiming treatment costs

If you claim the money spent on counseling, treatment and recuperation from the School Safety Mutual Aid Association (or the office of education), you can receive it first.

The association then collects that money from the offending student's parents. So be sure to keep receipts and medical certificates.

Deadlines to keep from now

There are no statutory deadlines in later steps.

When to involve a lawyer

Some cases need a lawyer's help with formal requests to the school or office of education and additional reports. One is when separation or protective measures are not properly carried out.

Others are when contact or retaliation continues even after measure No. 2 (ban on contact, threats and retaliation), and when a claim for treatment costs is refused.

6 / 7

Frequently asked questions

Practical questions that come up right away in this procedure.

QHow do I request immediate separation? Can I just say it?
It is best to make the request in writing so the date is on record. Send a text message or document to the homeroom teacher or the teacher in charge of school violence.The content is "I request immediate separation and urgent protective measures." Also keep a record of the school's reply.
QDo I pay treatment costs first and get reimbursed later? Where do I claim them?
As a rule, counseling and treatment costs, such as medical expenses, are borne by the offending student's guardians. However, if the principal or the victim's guardians wish, the School Safety Mutual Aid Association (or the provincial or metropolitan office of education) pays first.It then seeks reimbursement (recovering the money paid on their behalf) from the offending student's guardians. Guardians may also claim mutual aid benefits directly from the School Safety Mutual Aid Association. The costs that can be claimed are for psychological counseling, temporary protection, treatment, recuperation and medicines.The claim procedure follows the Act on the Prevention of and Compensation for Safety Accidents at Schools. Check the specific documents and deadlines with the school or the association.
QWhat if the offending student keeps contacting my child through social media or friends?
Take screenshots with the date visible and tell the school right away. If measure No. 2 (ban on contact, threats and retaliation) has already been imposed, this violates the measure.Even before measures are imposed, you can report it as new school violence. If threats are repeated, also report them to the police as stalking or threats.
QDoes counseling at a Wee Center or Wee Class cost money?
Check with the school or the local office of education about the cost of Wee Class and Wee Center counseling. Costs of psychological counseling, temporary protection and treatment that the victim receives from specialized organizations or experts are borne by the offending student's guardians. If you wish, the School Safety Mutual Aid Association (or the provincial or metropolitan office of education) can pay first.
QMy child wants to go to a different school. Can a victim also transfer?
Yes, they can. A transfer of the victim works differently from a measure against the offending student. The principal recommends it after recognizing the need to change the student's educational environment.Then the superintendent of the local office of education (for high schools, the superintendent of education) designates the school to transfer to. Ask the principal and discuss it.

When you need a lawyer

  • The period and method of immediate separation follow the standards set by the Minister of Education (Enforcement Decree §17-2(2)). The scope of treatment costs the association pays first is set in Enforcement Decree §18(1), and the claim procedure applies Article 41 of the Act on the Prevention of and Compensation for Safety Accidents at Schools mutatis mutandis.
  • Record signs of retaliation (screenshots of badmouthing, photos of approaches, witness statements) right away. Refusing or avoiding measure No. 2 is a ground for disciplinary action by the principal or a request for additional measures (School Violence Prevention Act §17(10)(15)).
  • While your child is absent or receiving treatment due to protective measures, you must ask the school to recognize it as attendance. If the principal approves, it is treated as attendance (School Violence Prevention Act §16(4)).

Related laws

  • Act on the Prevention of and Countermeasures against Violence in Schools (School Violence Prevention Act) Article 16 (protection of victim students), Article 17 (measures against offending students)
  • Act on the Prevention of and Compensation for Safety Accidents at Schools

Preventing Retaliation and Protective Measures for the Victim,
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