24 © South African Professional Society on the Abuse of Children: ISSN 1562-1383 Child Abuse Research: A South African Journal 2016, 17(1):24-35 Understanding harassment and bullying of learners in school: An education law perspective Annamagriet de Wet Edu-HRight Research Unit, Faculty of Education Sciences, North-West University, Potchefstroom Campus E-mail: annamagriet.dewet@nwu.ac.za South African learners are often subjected to harassment, bullying and other forms of victimisation and abuse in schools. A duty rests of educators, schools and the Department of Basic Education to provide and maintain safe school environments that are free from harassment, bullying and other forms of victimisation and abuse. Having a clear understanding of the concepts that describe different forms of bullying and harassing behaviour can be regarded as one of the key-measures for preventing and addressing harassment, bullying and other forms of victimisation and abuse in schools is. Without a clear understanding of each of the concepts as well as what behaviour constitutes each form of misconduct, educators will be unable to identify and act on harassment and bullying when it occurs. However, a great variety of definitions and conceptualisations exist for bullying and harassment. Moreover, the Protection from Harassment Act came into effect in 2013, highlighting the need for a clear conceptualisation of harassment and related concepts within the school setting. This article analysed legal documents as well as theoretical conceptualisations of harassment, sexual harassment and bullying in an attempt to provide a clear conceptualisation that will aid schools to identify behaviour that amounts to harassment or bullying. Differences between the respective concepts as well as differences between permitted and prohibited behaviour received particular attention with a view to aid educators and schools in understanding which behaviour constitutes bullying and which behaviour constitutes harassment, including sexual harassment. The article concludes with guidelines for handling harassment and bullying in the school environment Keywords: education law; safe school; sexual harassment; harassment; bullying; rape; sexual violence; violence; aggression; abuse. BACKGROUND In an ideal world, interactions between humans will be caring, respectful and compassionate. Such interactions are especially expected against the background of human rights and the values outlined in the Constitution of the Republic of South Africa (SA, 1996a). In reality, though, some human interactions are characterised by violence and abuse, be it emotional, psychological or physical violence. Interpersonal violence and abuse reflects a lack of social skills or the will for some to behave in accordance with moral, social and legal norms. Bullying, harassment and other forms of victimisation and abuse are forms of violence that are wide-spread in schools (De Wet & Van Huyssteen, 2008) and may result not only in physical harm but often also cause psychological, emotional, mental or economic harm. A brief look at the headlines on various news platforms will reveal just how wide-spread harassment, bullying and other forms of victimisation and abuse are (Burton & Leochut, 2013: 11-31; De Vries, 2008; Harbour, 2010; John, 2014; Matitsa, 2011: 9; Prinsloo, 2005: 5; SACE, 2011: 11; MiET, 2009). High frequencies or intensities of emotional, psychological or physical aggression create a hostile, unsafe and abusive school environment. Learners in such a school environment, and in particular those who fall victim to harassment or bullying are left with feelings of humiliation, powerlessness, rejection, helplessness, defencelessness, psychological distress, depression, anxiety, fear, anger and low self- esteem (Shields, Nadasen & Hanneke, 2014: 8-11; Neser et al, 2003: 127; MiET, 2009: 21-23; Neff, 2001: 2; OCR, 2008: 1; Selikow, Zulu & Cedras, 2002: 23, AAUW, 1993: 9; Houston, 2001: 1; DBE, 2008a: 7). More importantly, learners’ education rights cannot be realised in a hostile, unsafe or abusive school environment: harassment and bullying negatively affects teaching-learning in many ways (Oosthuizen, 2015: 7-9; De Wet, 2010: 226-246). The duty of educators to create a safe school environment that is free from harassment, bullying and other forms of victimisation and abuse have been established (see De Wet, 2013: 24-27; De Wet, 2010: 78:87). Moreover, there are indications of the possibility of schools’ and educators’ delictual liability for the emotional and physical harm suffered by victims if this duty is not exercised (De Wet, 2010: 87-97; De Wet, 2013: 27-32). Having a clear understanding of the concepts that describe different forms of bullying and harassing behaviour can be regarded as one of the key-measures for preventing and