My 10-year-old son recently got a temporary exclusion for alleged bullying. He's got mild/severe autism, and as such has almost zero filter and almost zero empathy, and a lack of ability to control himself when he's overly stimulated. He's hard work, he will tease, he will get aggressive and he sometimes won't stop what he's doing without physical intervention. From seeing how he treats his brother (and the cat), there's a definite potential for him bullying people at school (he's tall, outspoken, and intimidating for his age). However in the recent case, my understanding of his exclusion was more because of teasing that he was part of, and then a failure by the school to safeguard both my son and the other child involved (someone forgot to tell the PE teacher not to put them in the same group...) which led to the kid nearly getting kicked in the nuts (after literally asking my son to do it by means of an apology for getting him into trouble the day before, then added to the situation other kids goading him to do it). 'I didn't want to kick him and I didn't really try, I just kicked out because I was being pressured, but I didn't actually kick him'. Since the exclusion, we've decided to home school him for half the day but increasingly doesn't want to go in at all... The incident and how it was dealt with (he didn't get to explain his actions or his side of the story to the school), has affected his confidence, his wellbeing, and his friendships, and that was just a 2-day exclusion...
Is such a penal system really appropriate when things are so complex? How would it treat my son? What happened to the progressive, consequence-based social education that parents and schools have been doing for the past 10+ years?
My understanding of the bullying 'label' is that it encompasses everything from consistent (daily/every interaction) name-calling, all the way up to consistent physical and mental abuse. That's a huge range of behaviors and potential outcomes. Surely it would make more sense to agree on a point where bullying becomes abuse, and then penalise as required. Bullying needs to be identified and dealt with, and if it continues then that's the time for harsher consequences. Fines don't punish the child. Incarceration might be an option if they've killed or severely injured someone, but they're actions way outside bullying, in my opinion.