1 Anti Bullying ISS and Legal Requirements

2 Table of Contents Definition of Bullying……Slides 2-3 Double I-R Criteria ……Slide 4 Legislation……………….Slides 5-14 OCR/Bullying……………Slides Investigations……………Slides Attachments: Anti-Bullying Checklist Consequence Matrix Powerpoint for Training Staff Dear Colleague Letter

3 Definition of Bullying Physical: intentional, imbalanced and repeated hitting, punching and pinching etc Verbal/Social Relational Bullying: direct insults, put downs, name calling, spreading rumors/lies about someone to damage their reputation or punish them socially Sexual Harassment/Verbal: continued, unwanted attention of a sexual nature Sexual Harassment/Physical: continued, unwanted attention of a sexual nature – includes physical contact Cyber-bullying: is "the use of information and communication technologies to support deliberate, repeated, and hostile behavior by an individual or group, that is intended to harm others

4 Direct and Indirect Bullying Direct -more with boys- pushing, threatening, shoving Indirect/Emotional- GIRLS!!! Rumors, excluding on purpose

5 Double I-R Criteria How do you know if a child is being bullied? Double I: Is the act intentional? Is there an imbalance of power between victim and aggressor? R: Is the act repeated by aggressor towards this victim

6 Legislation In June 2009, the North Carolina General Assembly adopted the School Violence Prevention Act The act came into effect starting the school year

7 Bullying…..As Defined By NC Law… “Bullying or harassing behavior is any pattern of gestures or written, electronic, or verbal communications, OR any physical act OR an threatening communication that takes place on school property, at any school-sponsored function, or on a school bus AND THAT:

8 Places a student or school employee in actual and reasonable fear of harm to his or her person OR damage to his or her property OR Creates or is certain to create a hostile environment by substantially interfering with or impairing a students educational performance, opportunities or benefits

9 Hostile environment= victim SUBJECTIVELY views the conduct as bullying or harassing behavior AND: The conduct is objectively severe or pervasive enough that a reasonable person would agree that it is bullying or harassing behavior

10 If you don’t want to see yourself on CNN…..You MUST: Employees who have witnessed or has reliable information that student or school employee has been subject to any act or bullying or harassing behavior shall report the incident to an appropriate school official

11 Students or Volunteers Should report : Law stops short of requiring these people – witness or has reliable information that a student or school employee has been subject to any act of bullying or harassment

12 Law Also Says… Must have a Prevention Plan in Place in EVERY SCHOOL and be using it consistently. It isn’t just a document….. Schools shall develop and implement methods and strategies for promoting school environments that are free of bullying and harassing behavior

13 Advance Directly to “Go” General Assembly provision includes that nothing in the legislation shall be construed to require an exhaustion of the administrative complaint process before civil or criminal remedies be pursued Meaning: they don’t have to bring bullying or harassment to your attention first before going to the courthouse

14 What happens if a school fails to take action to prevent bullying and harassing behavior? Potential for legal liability –Negligent supervision –Violations of US constitutional rights –Discrimination Claims under federal law on the fact that victims were members of a ‘protected class’ because of race, ethnicity, sex or disability

15 Potential Liability The School system or employee is not liable for the acts done but rather held responsible for failure of the school system or its employees to take adequate measures to ‘deal with’ the bullying/harassment situation

16 OCR and Bullying Dear Colleague Letter by Arne Duncan Addresses harassment under all Civil Rights laws School districts can violate these statutes or their implementing regulations when peer harassment rises to the level of a hostile environment and is not properly addressed by school officials - i.e.... OCR complaint can be filed

17 OCR Suggests ….. Any school receiving a complaint of harassment or bullying must ensure that students and parents know how to lodge a follow-up complaint. School officials must know how to conduct a follow-up investigation to explore subsequent misconduct or potential retaliation, and respond appropriately to any new findings.

18 According to OCR Schools Should Always Consider… The label used to describe misconduct (e.g., bullying, hazing, teasing) does not determine a school's response. Instead, the nature of the conduct itself must be assessed for civil rights implications. When civil rights laws are potentially in play, school administrators should look beyond the mere discipline of the perpetrators. Although disciplining bullies or harassers is likely necessary, it is not always adequate. Schools must strive to eliminate a hostile environment created by the harassment, address the effect of the misconduct and take reasonable steps to ensure that the harassment does not recur.

19 Investigative Tips Never interview the victim and alleged perpetrator together Interview all potential witnesses including staff and parents Don’t assume that because no one saw it- that it didn’t happen- Kids are great at hiding their anti social lives Document all interviews Use corrective consequences, but ALSO put a plan a place to ensure bullying doesn’t happen again- that is key to comply with Legislation Be sure all adults understand the plan Implement active supervision in common areas, hallways, cafeteria, playground etc

20 More Tips If bullying continues, it is the schools responsibility to stop it from occurring. Don’t just keep employing the same methods. Don’t assume that victim will report- there is a great deal of shame/embarrassment from being bullied Understand the victims perceptions

21 Documents Anti Bullying Checklist- complete with school level team and return to Kelly Marcy by September 1, 2011 Discipline Matrix- adopted and approved 7/2009 Dear Colleague Letter from Arne Duncan Additional Powerpoint that you can use to train staff