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Bullying and Harassment: What every school employee should know

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BULLYING AND HARASSMENT: WHAT EVERY SCHOOL EMPLOYEE SHOULD KNOW Adapted from North Carolina School Boards Association 2010 Spring School Law Academy – PowerPoint PPT presentation

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Title: Bullying and Harassment: What every school employee should know


1
Bullying and HarassmentWhat every school
employee should know
  • Adapted from North Carolina School Boards
    Association
  • 2010 Spring School Law Academy
  • North Carolinas Bullying Law--Practical
    Applications for Schools
  • Thursday, May 13, 2010

2
Whats 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
Percentage of students affected by violence in
schools 2007
  • Assaults 1.2
  • Serious Violent Crime .4
  • Theft 3
  • Bullying 32.2
  • 80 occurred in the school building
  • Highest percentage is within 6th graders

4
Forms of bullying
  • Direct/Physical
  • Indirect/Emotional
  • Mostly used by girls
  • Cyber bullying
  • Twice as many girls engage in cyber bullying
  • Lasting effectSchool phobiaavoid certain places

5
NC Law Defined
  • 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

6
  • 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.

7
  • 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.

8
  • 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

9
  • 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

10
Other Provisions
  • 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.

11
Employees MUST Report
  • 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

12
Others SHOULD Report
  • 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.

13
  • 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).

14
  • 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 principals designee as the
    person responsible for the investigation.
  • Document complaints need training
  • Treat every complaint as serious

15
  • 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!
16
Prevention Efforts Required
  • Schools shall develop and implement methods and
    strategies for promoting school environments that
    are free of bullying and harassing behavior.

17
Do Not ignore bullyingbe 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

18
Construction of this Legislation
  • 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.

19
  • 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.

20
Bullying Occurring Outside of School
  • 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

21
Bullying vs. Freedom of Speech
  • General speech-
  • I dont like gays
  • My religion/beliefs are
  • If directed at an individual then that is
    considered bullying
  • Free Speech Right
  • Teachers may not berate students

22
  • 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.

23
Construction of the Legislation
  • 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

24
Potential for Legal Liability
  • 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.

25
  • 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 schools responsibility to take action

26
Negligent Supervision
  • Cavello v. Sherburne-Earlville CSD, 110 A.D.2d
    253 (3rd Dept. NY 1985)
  • A brother and sister were constantly bullied,
    sometimes physically, mostly verbally, while
    attending a high school.
  • The schools response was ineffectual and the
    bullies received little or no punishment.
  • (Example Allow victim to do home
    school-ineffective)

27
  • 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

28
Violation of Constitutional Rights
  • Flores v. Morgan Hill Unified School District,
    324 F.3d 1130 (9th Cir. 2003).
  • Several former students of the school district
    sued school administration/employees and school
    board members alleging that the districts
    response and lack of response to complaints of
    student-on-student anti-homosexual harassment
    denied them equal protection under the law.

29
  • 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
    districts response to harassment is clearly
    unreasonable.
  • Action has to be reasonable
  • and timely

30
Violations of Anti-Discrimination Statutes
  • Vance v. Spencer County Public School District,
    231 F.3d 253 (6th 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.

31
  • 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.

32
  • 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.

33
  • 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

34
  • The sexual harassment was so severe, pervasive
    and objectively offensive that it could be said
    to deprive the plaintiff access to the schools
    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 doesnt do something
    else.

35
  • 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.

36
Parent/Student Training
  • Administrators and School Counselors are good
    candidates to educate parents and students on
    bullying/harassment.
  • Students learn behavior from homebehavior 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

37
Summary
  • 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.

38
  • www.samhsa.gov
  • US Department of Health and Human Services
  • StopBullyingNow.hrsa.gov
  • Dont Laugh At Me www.dontlaugh.org
  • Teacher Tube Make your own video
  • Salt in His ShoesMichael Jordan
  • Teaching Tolerance
  • www.cfnc.org
  • Paws in joblandcfnc.org
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