Managing student peer aggression: an Australian perspective on law and practice

Student peer aggression has become an issue of considerable concern in schools and their surrounding communities. While a considerable volume of research and writing now exists on how this problem might be best managed, little has been written concerning the place of law in the management process. Nonetheless, in view of the long term effects of student peer aggression on both aggressors and aggressed, it behoves school administrators and teachers to have a sound awareness of the many issues associated with this form of behaviour. In particular it is advisable for staff to have a sound appreciation of the potential legal repercussions that can be the result of a failure to exercise an appropriate level of the duty of care owed to students in relation to peer aggression. This article examines recent research into student peer aggression in Australia and elsewhere. Reasons advanced to explain this form of behaviour are discussed, the characteristics of aggressors and aggressed examined, and consequences of student peer aggression explored. The legal remedies available are identified and discussed and measures needed to manage the problem are suggested.