Some Legal Issues On Bullying

Transcription

1 Some Legal Issues On Bullying James T. Jeffers, Ed. D. Retired Superintendent 114 Camellia Drive Tallassee, Alabama Notes from Attorney Andrew Agatston

2 Bullying &/Or Harassment DOCUMENT DOCUMENT DOCUMENT DOCUMENT

3 Alabama s Student Harassment Prevention Act /13/the-student-harassment-prevention-actdoes-it-do-what-it-said-it-would-do-a-firstlook/

4 Alabama Harassment Law The Act required these actions from schools: (1) Adopt a policy in accordance with the Act, (2) Adopt a written form for victims to report harassment in school, (3) Develop procedures for investigating reported incidents and providing consequences for students who violate the Act, (4) Report statistics on incidents of harassment annually.

5 Alabama Harassment Law Bullying and Harassment What s the Difference? Bullying is NOT in the Alabama Law Harassment is a continuous pattern of intentional behavior that takes place on school property, on a school bus, or at a school-sponsored function including, but not limited to, written, electronic, verbal, or physical acts that are reasonably perceived as being motivated by any characteristic of a student, or by the association of a student with an individual who has a particular characteristic, if the characteristic falls into one of the categories of personal characteristics contained in the model policy adopted by the department or the local board.

6 Alabama Harassment Law The pattern of behavior may do any of the following: Place a student in reasonable fear of harm to his or her person or damage to his or her property. Have the effect of substantially interfering with the educational performance, opportunities, or benefits of a student.

7 Alabama Harassment Law Have the effect of substantially disrupting or interfering with the orderly operation of the school Have the effect of creating a hostile environment in the school, on school property, on a school bus or at a school-sponsored function. Have the effect of being sufficiently severe, persistent, or pervasive enough to create an intimidating, threating, or abusive educational environment for a student

8 Goal: Establish A Guiding Vision, Common Language and Culture Among Adults

9 Bullying Repeated; Repetitive Intentional Power The RIP Factors

10 To Better Protect Students from Harassment in Our Schools school districts can: 1) Post the policy and the written form for victims to report harassment in school on the school district and local school web sites. 2) Post the policy and the written form for victims to report harassment in school no more than one click deep. 3) Review the format and length of the form your district has approved. Use the ALSDE s Model Harassment Complaint Form as a guide.

11 To Better Protect Students from Harassment in Our Schools school districts can: 4) Consider using Google Docs, an online contact form, or other method to post the form online. 5) Publicize the policy and the form through multiple methods, on the web site, verbally and in print to ensure that every student is aware of and has access to the reporting form. 6) Pay attention to the results that anonymous tip lines are getting. While new here in Alabama, talk with the districts that are utilizing the tip lines to determine their effectiveness.

12 To Better Protect Students from Harassment in Our Schools school districts can: 7) Ensure all school personnel are clear about what constitutes harassment and the reporting requirements.

13 Violations of Federal Laws On October 26, 2010, the U. S. Department of Education Office for Civil Rights issued a Dear Colleague letter on harassment and bullying. ocr/letters/colleague html Discriminatory harassment may include harassment or bullying that is grounded in race, disabilities, and gender, including sexual orientation.

14 Violations of Federal Laws Schools must always consider whether student misconduct ALSO results in discrimination in violation of a students federal civil rights.

15 OCR: Bullying v. Harassment Bullying and harassment are related, but different Bullying One s attire, diminutive stature, inability to do something well (throw a ball), etc Harassment actions arising from legally protected status: race, color, national origin, sex, or disability

16 Title IX No person in the U.S. shall on the basis of sex be excluded from participation or denied benefits of Student on Student bullying

17 OCR Considers the Following: 1. Whether the student was bullied based on disability. 2. Whether the bullying conduct was sufficiently severe, persistent, or pervasive to create a hostile environment. 3. Whether the District has actual or constructive notice of the bullying. 4. Whether the District failed to take a prompt and/or effective action to prevent the bullying.

18 Hostile Environment Can a single incident create a hostile environment? Yes

19 How do you know? If an employee knows about the incident, the school knows (particularly the principal or an administrator).

20 Knowledge and Training OCR assumes that the school district has made a consistent effort to train all staff on identifying harassment and bullying. Documenting such trainings is critical to a school s compliance.

21 Investigating The school must investigate complaints, allegations, and rumors. The inquiry should be prompt, thorough, and impartial.

22 Assistance The school must provide assistance to the targeted student. The school must continually check back with the targeted student. The school must provide assistance to the aggressor as well. There must be clear, consistent training provided for the aggressor over time which include positive alternatives to improve interpersonal skills.

23 Prudent Administrators Should Develop clear procedures and policies to prohibit use of district technologies to bully. Establish policies and procedures that limit the use of school internet for nonacademic purposes. Educate students and staff about bullying and policies. Provide adequate supervision and monitoring.

24 Prudent Administrators Should Establish good systems for reporting bullying or misuse of technology. Establish good responses to reports.

25 Intervention in Cases of Bullying & Cyber Bullying: Tips for Educators and Youth Leaders

26 1. Be Vigilant For Warning Signs A child may be experiencing cyber bullying if he or she: Is visibly upset or angry after internet or cell phone use Withdraws from family and friends Has a drop in academic performance Is a target of traditional bullying at school Appears depressed or sad

27 2. Investigate Who is involved? Obvious and not so obvious (anonymous, retaliation, impersonation) What is occurring? What are the forms and technologies being utilized? When and where is it occurring? Off campus, on campus

28 3. Notify Parents Of All Involved Children Share concerns with other adults at school/in the organization

29 4. Provide Tips About Gathering Evidence & Possible Responses Help to collect evidence Printed Social Networking Sites pages, instant messages, s, text messages Provide suggestions on various response options Ignoring Blocking Removal

30 Report Inappropriate Content and Fake Profiles on Social Network Sites Facebook has new reporting options. You Tube has a help center. My Space click on the report abuse link at the bottom of a profile if someone is violating the terms of service. For more links or information on reporting or removing online content visit

31 5. Contact Police in Serious Cases Threats of physical harm Sexual harassment Posting nude or compromising photographs Extortion Stalking

32 6. Consider Formal Discipline & Alternatives May be appropriate from school authorities if it: Occurs on campus Occurs off campus but includes on-campus harmful interactions Creates a hostile environment But, suspension alone does not solve the problem.

33 Alternatives to Suspension/Formal School Discipline Individual conferences with students and parents Informal resolution Focus is on stopping the behavior and repairing the harm

34 7. Provide Parents with Referrals to Mental Health Resources Determine if the students involved in a bullying incident may be in need of mental health services. Consider referrals for either both aggressor & targeted students. Refer students immediately if they mention hurting themselves or others.

35 Case Example Discussions in Small Groups New York Case Kansas Case North Dakota Case Georgia Case New Jersey Case

36 Accountability Circles Based on restorative justice principles The focus is on repairing the harm Participation is voluntary NOT Peer mediation Be careful not to put the aggressor and the target in the same conversation regarding a solution

37 Questions for Student Aggressor What happened? What were you thinking at the time? What have you thought about since the incident? Who do you think has been affected by your actions? How have they been affected?

38 Questions for the Student Who Was Targeted What was your reaction? How do you feel about what happened? What has been the hardest thing for you? How did your family and friends react?

39 Summary 1. What are the main issues? 2. What do you want as a result of this meeting? 3. Resolution Agreement Restitution and/or counseling Safety issues Retaliation issues Follow-up meetings if needed

40 Letters Dear Colleague Letter Response to Francisco M Negron, Jr., attorney for AASB

41 For More Information Alex.state.al.us/stopbullying/node/17 Cyberbullyinghelp.org Olweus.org Stopbullying.gov Teachingtolerance.org Commonsensemedia.org Onguardonline.gov Connect Safely and Netfamilynews

42 Take-Home Message It is possible to reduce bullying and cyber bullying It requires a team effort. It requires a long-term commitment.

43 QUESTIONS Use your small group to discuss the ramifications of not following the law. Report out to the group.