1. B ULLYING AND H ARASSMENT : W HAT EVERY SCHOOL EMPLOYEE SHOULD KNOW Adapted from North Carolina School Boards Association 2010 Spring School Law Academy North Carolina’s Bullying Law--Practical Applications for Schools Thursday, May 13, 2010

2. W HAT ’ S HAPPENED ? In June 2009, the North Carolina General Assembly adopted the School Violence Prevention Act. The act is in effect for the 2009-2010 school year. School boards must adopt a policy that complies with this act by Dec. 31, 2009.

3. P ERCENTAGE OF STUDENTS AFFECTED BY VIOLENCE IN SCHOOLS 2007 Assaults1.2% Serious Violent Crime.4% Theft3% Bullying32.2% 80% occurred in the school building Highest percentage is within 6 th graders

4. F ORMS OF BULLYING Direct/Physical Indirect/Emotional Mostly used by girls Cyber bullying Twice as many girls engage in cyber bullying Lasting effect—School phobia—avoid certain places

5. M EGAN M EIER A teenager from Dardenne Prairie, Missouri who committed suicide by hanging three weeks before her 14th birthday. An investigation proved the matter and her suicide was attributed to cyber- bullying by the social networking website through MySpace.

6. E RIC M OHAT Eric Mohat committed suicide after being tormented by bullies at his Mentor, Ohio, High School.

7. A BIGAYLE K EMPTON This was a culmination of two years of emotional torment. She was a little overweight and that prompted derision. " What was thought to be a typical teenage phase, in hindsight, was when the bullying was taking place, verbally, on her cell phone with text messages, on the Internet. Dark clothes—dark music July 27, 2008—14 th birthday

8. J EREMIAH L ASATER Tall, awkward and dealing with a learning disability, 14-year-old Jeremiah Lasater was a target of frequent taunts by schoolyard bullies at Vasquez High School in Acton. Even the classroom wasn't always safe for the 6-foot-5 teen, who in middle school was poked and teased by some of his fellow special needs students.

9. C ARL J OSEPH W ALKER -H OOVER Carl Joseph Walker-Hoover was 11-- hardly old enough to know his sexuality and yet distraught enough to hang himself one day after school bullies repeatedly called him "gay”.

10. H OLLY G ROGAN Holly, a 15-year-old public schoolgirl, jumped 30ft to her death from a road bridge. Her suicide was blamed on the “huge pressure” and “modern complexities” of social networking websites. She fell on to a busy dual carriageway and was hit by passing traffic. She had endured a torrent of abuse posted on her Facebook page. Friends said that she had been a victim of cyber-bullying.

11. H UNTER L AYLAND 15-year-old Hunter took his own life because he was repeatedly bullied and teased. He had a hearing problem and facial scars because of an accident when he was a toddler. Several classmates made fun of him. They made fun of the way he looked and someone once told him “if I had a face like yours I’d shoot myself.”

12. J AHEEM H ERRERA This 11-year-old Georgia boy was found hanged to death in his bedroom closet. His family said that school bullies drove the child to suicide. The family reportedly complained to school officials that he was being repeatedly teased and threatened by classmates.

13. M ICHAEL B REWER Michael Brewer survived severe burns over 60 percent of his body when classmates doused him with alcohol and set him on fire over a video game.

14. H OPE W ITSELL In recent months, two high school girls were relentlessly harassed as "sluts" by their peers in school and committed suicide as a result --

15. NC L AW D EFINED “Bullying or harassing behavior” is any pattern of gestures or written, electronic, or verbal communications, OR any physical act OR any threatening communication that takes place on school property, at any school-sponsored function, or on a school bus, AND that:

16. 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 student’s educational performance, opportunities, or benefits.

17. For purposes of this section, “ hostile environment” means that the 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.

18. Bullying or harassing behavior includes, but is not limited to, acts reasonably perceived as being motivated by any actual or perceived differentiating characteristics such as Race Color Religion Ancestry National origin Gender Socioeconomic status

19. Academic status Gender identity Physical appearance Sexual orientation Mental, physical, developmental, or sensory disability, or An association with a person who has or is perceived to have one or more of these characteristics

20. O THER P ROVISIONS No student school employee shall be subjected to bullying or harassing behavior by school employees or students No person shall engage in any act of reprisal or retaliation against a victim, witness, or a person with reliable information about an act or bullying or harassing behavior.

21. E MPLOYEES MUST R EPORT A school employee who has witnessed or has reliable information that a student or school employee has been subject to any act of bullying or harassing behavior shall report the incident to the appropriate school official. School bus drivers Maintenance/custodians all must report Cafeteria workers

22. O THERS SHOULD R EPORT A student or volunteer who has witnessed or has reliable information that a student or school employee has been subject to any act of bullying or harassing behavior should report the incident to the appropriate school official.

23. P OLICY R EQUIRED By December 31, 2009 each local school system must adopt a policy prohibiting bullying/harassing behavior. The policy must contain the following components. A statement prohibiting bullying and harassing behavior.

24. A definition of bullying/harassing behavior no less inclusive than provided in North Carolina law. A description of the type of behavior expected for each student and school employee. Consequences and appropriate remedial action for a person who commits an act of bullying or harassment.

25. A procedure for reporting an act of bullying/harassment, including a provision for anonymous reporting. (This provision should not be construed to permit formal disciplinary action solely on the basis of an anonymous report).

26. A procedure for prompt investigation of reports of serious violations and complaints of any act of bullying or harassment, identifying either the principal or the principal’s designee as the person responsible for the investigation. Document complaints – need training Treat every complaint as serious

27. A statement that prohibits reprisal or retaliation against someone who reports an act of bullying/harassment and the consequence and appropriate remedial action for a person who engages in reprisal or retaliation. NO BULLYING!

28. A statement of how the policy is to be disseminated and publicized, including notice that the policy applies to participation in school- sponsored events. Notice of the policy must appear in any school publications or handbooks that set forth comprehensive conduct rules and procedures for students and employees. Student Code of Conduct Training employment Introduce bullying

29. Information about the policy must be incorporated into school employee’s training program “To the extent funds are provided” ( no funds were provided ) the school system must provide training on the policy to school employees and volunteers who have significant contact with students by 3/1/2010.

30. P REVENTION E FFORTS R EQUIRED Schools shall develop and implement methods and strategies for promoting school environments that are free of bullying and harassing behavior.

31. D O N OT IGNORE BULLYING … BE ASSERTIVE Techniques: Sensitivity Training/Empathy Training Support for Victims Counseling for Bullies/Perpetuators It is important to have state consequences and consistency in implementing consequences

32. C ONSTRUCTION OF THIS L EGISLATION This law shall not be construed to permit students to be punished for expression or speech based on an “undifferentiated fear or apprehension of disturbance or out of a desire to avoid the discomfort and unpleasantness that always accompany an unpopular point of view.”

33. This legislation shall not be interpreted to prevent the victim of bullying or harassing behavior from seeking redress under any other available law, either civil or criminal. Can go straight to court without school addressing the issue.

34. B ULLYING O CCURRING O UTSIDE OF S CHOOL Ability and authority to discipline students (off campus) that may have an immediate effect to the safe and orderly environment. Connection to school Cyber bullying – Let parents know Talk with students

35. B ULLYING VS. F REEDOM OF S PEECH General speech- “I don’t like gays” “My religion/beliefs are…” o If directed at an individual then that is considered bullying o Free Speech Right o Teachers may not berate students

36. This legislation shall not be interpreted to prevent the victim of bullying or harassing behavior from seeking redress under any other available law, either civil or criminal. Can go straight to court without school addressing it.

37. C ONSTRUCTION OF THE L EGISLATION Nothing in this legislation shall be construed to require an exhaustion of the administrative complaint process before civil or criminal law remedies may be pursued regarding bullying or harassing behavior. (*Problematic) The provisions of this statute shall be liberally construed…

38. What happens if a school fails to take action to prevent bullying and harassing behavior?

39. P OTENTIAL FOR L EGAL L IABILITY Legal grounds that have been used in the past to hold a school system or school employee liable for bullying/harassment: Negligent supervision (state tort law) Violations of U.S. Constitutional rights (federal law) Discrimination claims under federal law based on the fact that victims were members of a “protected class” because of their race, ethnic ground, sex or disability.

40. Note that in each of these types of lawsuits, the school system or the employee is not liable for the acts done to the victim but rather held responsible for failure of the school system or its employees to take adequate measures to “deal with” the bullying/harassment situation. It is the school’s responsibility to take action

41. N EGLIGENT S UPERVISION Cavello v. Sherburne-Earlville CSD, 110 A.D.2d 253 (3 rd Dept. NY 1985) A brother and sister were constantly bullied, sometimes physically, mostly verbally, while attending a high school. The school’s response was ineffectual and the bullies received little or no punishment. (Example: Allow victim to do home school-ineffective)

42. The court held that the two students asserted a valid claim for emotional suffering caused by continuing bullying that the school failed to address in a reasonable manner. “While a school is not an insurer of student safety, it will be held liable in damages for a foreseeable injury proximately related to the absence of supervision.” Obligation to note foreseeable harm

43. V IOLATION OF C ONSTITUTIONAL R IGHTS Flores v. Morgan Hill Unified School District, 324 F.3d 1130 (9 th Cir. 2003). Several former students of the school district sued school administration/employees and school board members alleging that the district’s response and lack of response to complaints of student-on-student anti- homosexual harassment denied them equal protection under the law.

44. The court ruled in favor of the students, finding that there was sufficient evidence for a reasonable jury to find that the defendants acted with deliberate indifference to harassment based on sexual orientation in violation of the Equal Protection Clause. Deliberate indifference is found if the school district’s response to harassment is clearly unreasonable. Action has to be reasonable and timely

45. V IOLATIONS OF A NTI -D ISCRIMINATION S TATUTES Vance v. Spencer County Public School District, 231 F.3d 253 (6 th Cir. 2000) Over a three year period, a middle school girl suffered numerous instances in which other students taunted her with vulgar language, groped her, attempted to remove her clothing, hit and shoved her and stole her homework.

46. The victim and her mother filed numerous complaints with teachers and school administrators. School district response consisted of “talking to” the offending students, but school officials never investigated the incidents, nor did the perpetrators receive any discipline other than “talking to.”

47. Finally, the victim and her mother filed suit alleging that the school system had subjected her to intentional sexual discrimination as a result of peer conduct in violation of Title IX. The jury returned a verdict in favor of the victim and awarded her $220,000, and the school system appealed.

48. On appeal, the court applied this standard, established in Davis v. Monroe County School Board, 526, U.S. 629 (1999): School may be held liable for student-on- student sexual harassment when the plaintiff can establish the following:

49. The sexual harassment was so severe, pervasive and objectively offensive that it could be said to deprive the plaintiff access to the school’s educational opportunities or benefits. [And] The school system had actual knowledge of the sexual harassment. [And] The school system was deliberately indifferent to the harassment. If doing something and it doesn’t – do something else.

50. Applying the standard established by the Supreme Court in Davis, the Sixth Circuit of Appeal concluded that the Spencer County Public School District was liable under Title IX for the severe pervasive student- on-student sexual harassment suffered by the plaintiff.

51. P ARENT /S TUDENT T RAINING Administrators and School Counselors are good candidates to educate parents and students on bullying/harassment. Students learn behavior from home—behavior is reinforced Can suspend for off campus conduct (cyber bullying Offer training to parents Students need to know that they should report If: They see bullying or If they are being bullied

52. S UMMARY Through the School Violence Prevention Act, the North Carolina General Assembly now requires school systems to take a number of proactive steps to prevent bullying and harassment in the schools. School systems may be held liable for failure to take adequate steps to deal with bullying and harassment. All students in North Carolina schools should be able to learn in an environment that is free from bullying and harassment.

53. www.samhsa.gov US Department of Health and Human Services StopBullyingNow.hrsa.gov Don’t Laugh At Me www.dontlaugh.orgwww.dontlaugh.org Teacher Tube – Make your own video Salt in His Shoes—Michael Jordan Teaching Tolerance www.cfnc.org Paws in jobland—cfnc.org