Original article: Santiago: Justicia condena a Congregación de los Hermanos de las Escuelas Cristianas (Hermanos La Salle) por maltrato de alumna transgénero
The 17th Civil Court of Santiago accepted a compensation lawsuit filed by the mother of a transgender student, condemning the Congregation of Christian Brothers (La Salle Brothers) to pay a substantial indemnity of $30,051,900 for «emotional and moral damage» due to their «inaction in the face of bullying affecting the plaintiff’s daughter.»
In the ruling, Judge Rocío Pérez Gamboa determined that the educational congregation failed in its duty to ensure the safety of the student and prevent the bullying she experienced at San Lázaro School.
According to the judgment, «Bullying constitutes a civil liability-generating act when it causes harm, and the educational service contract obligates the school to provide education in an environment that prevents bullying and protects the physical and psychological integrity of students.»
Moreover, the ruling states, «San Lázaro School did not fulfill its responsibilities, as it failed to guarantee the student’s psychological integrity by providing support and implementing measures; it did not act as a guarantor in the hallways of the school, nor did it timely assist or support the minor involved; despite the statements from the minors involved, which indicate that bullying circumstances existed, all of which constitutes a violation of Articles 1545 and 1546 of the Civil Code.»
The ruling also highlighted the negligence of the student’s homeroom teacher: «The most serious incident occurred on August 1, 2019, when the homeroom teacher assigned the responsibility of locking the classroom door to the minor, despite knowing she had already been a victim of prolonged bullying.»
«This assignment of responsibility, without taking sufficient protective measures, exposed the minor to a massive attack from peers, amounting to serious negligence,» the court stated.
The teacher also failed to activate the school coexistence protocol established in the school’s internal regulations despite receiving a formal complaint. Read the full ruling HERE
El Ciudadano
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