Bullying and Law Diana Browning Wright dianawrightearthlink net

Bullying and Law Diana Browning Wright dianawright@earthlink. net

Case example: How schools permit and even promote bullying • School newspaper • Rest room monitoring • Hallway teasing • Classroom mischief • Uneven enforcement • Marching band initiation • Gym class humiliation • Group rivalry 3

Schools May Support Bullying • Staff overlook bullying • Administrators fail to follow-up when bullying is reported • Teachers tease or belittle students • Coaches permit initiation and hazing 4

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September 2002, Age 19 13

Interaction with Students “If the only tool you have is a hammer, you tend to treat every problem like a nail. ” –Abraham Maslow 14

Sexual Orientation, Bullying and School Violence Issues 15

Finding Common Ground • Reconcile desire to promote respect/tolerance with concerns of many persons questioning homosexuality • Not an issue of being for or against homosexuality • Schools must provide learning environment where all students 16 feel safe

Understanding the Safety Problem • Slurs on Campus: – 97% of high school students regularly hear slurs against homosexuals from peers – 36. 6% report hearing same from faculty • Abuse on Campus: – 80% report verbal abuse – 44% report threats of physical attack – 33% reported actual physical attack attributed to homosexuality. Sources: 1995 Seattle Teen Health Survey; Mass. Dept. of Ed. Youth Risk Behavior Study; 1993 Report of the Mass. Governor’s Commission on Youth. 17

Understanding the Safety Problem • In a study of Massachusetts high school students – 31. 2% of gay/lesbian students were threatened or injured with a weapon - as opposed to 6. 9% of their peers • In Seattle, Washington study of 10, 000 students – 34% of gay/lesbian students report being subject of anti-gay violence. Sources: 1995 Seattle Teen Health Survey; Mass. Dept. of Ed. Youth Risk Behavior Study; 1993 Report of the Mass. Governor’s Commission 18 on Youth.

Forms of Bullying • Physical hitting, shoving, grabbing • Verbal teasing, name-calling • Social spreading rumors, shunning or excluding 19

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Bullying Assessment Flow Chart Step 1: Interview the students 21

Bullying Assessment Flow Chart Step 2: Was this possibly a crime? 22

When is bullying a crime? • Assault • Larceny • Battery • Robbery • Extortion • Thefts • False • Sexual Imprisonment Harassment • Stalking • Hazing • Threats 23

Bullying Assessment Flow Chart Step 3: Was it bullying? 24

Bullying Assessment Flow Chart Step 4: Respond to bullying 25

What can we do about bullying? 1. Staff training on bullying. 2. Student and parent education about bullying and school policy. 3. Classroom instruction on bullying. 4. Identify victims. 5. Individual counseling & discipline. 6. Pre-post surveys to measure impact. 26

Unsafe Students Are At-Risk Students • Suicide: 46% of lesbian and gay youth attempted suicide in the past year – compared to 8. 8% of their peers – nationally, a gay or lesbian student will attempt suicide every 35 minutes • Homelessness: Gay/lesbian youth make up 20 -40% of homeless youth in urban areas – 26% forced from home by parents after “coming out” Sources: 1995 Seattle Teen Health Survey; Mass. Dept. of Ed. Youth Risk Behavior Study; 1993 Report of the Mass. Governor’s Commission on Youth. 27

Unsafe Students Are At-Risk Students • Missing school out of fear: 22. 2% of gay and lesbians skip at least one day school every month due to concern over physical safety, compared to 4. 2% of their peers. • Dropping out of school: 28% of gay and lesbian youth drop out of school. – Sources: U. S. Dept. of Health and Human Services; 1993 Report of the Mass. Governor’s Commission on Youth; Mass. Dept. of Ed. Youth Risk Behavior Study. – Sources: 1995 Seattle Teen Health Survey; Mass. Dept. of Ed. Youth Risk Behavior Study; 1993 Report of the Mass. 28 Governor’s Commission on Youth.

Potential Liability to Schools for Failure to Address the Problem 29

Sexual Harassment: Key Definitions “No person in the U. S. shall, on the basis of sex, be excluded from participation in, or denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. ” (Title IX, Education Amendments of 1972) Sexual harassment is “unwelcome sexual advances, requests for favors, and other verbal and physical contact of a sexual nature which takes place in the workplace” (Equal Opportunity Employment Commission) 30

Sexual Harassment: Davis v Monroe Fifth grade girl was victim of sexual harassment over a 6 month period by a classmate who attempted to fondle her breasts, rubbed against her, and talked about getting in bed with her. Multiple complaints to teacher and principal produced no correction action. Police charged boy with sexual battery and he pled guilty. Lower courts dismissed the complaint, finding that student-to-student harassment not covered by Title IX. In May, 1999 Supreme Court reversed the lower court opinion. 31

Sexual Harassment: Davis v Monroe Opinion In May, 1999 Supreme Court ruled that a school board is liable under Title IX for student-to-student harassment if: 1. School authorities had knowledge of the harassment. 2. School authorities were deliberately indifferent to the sexual harassment. 3. The sexual harassment was so severe, pervasive, and objectively offensive that it deprived the victim of access to educational opportunities and benefits. (see www. streetlaw. org) 32

Liability for Bullying Scruggs v. Meriden Board of Education U. S. District Court of Connecticut • Middle school boy receiving LD services was bullied repeatedly, and eventually committed suicide • Family sued superintendent, vice principal and school counselor • Court found the school to be negligent and deliberately indifferent LW v Toms River Regional School Board of Education • New Jersey boy repeatedly teased about perceived sexual orientation in elementary and middle school (called “faggot” “gay” etc. , physically bullied and threatened) • Court cited Davis V Monroe in finding for plaintiff, awarded 50 K • School ordered to revise policies, train staff, implement bullying prevention program 33

Sexual Orientation Harassment • Gay and lesbian students, and students who are PERCEIVED to be gay or lesbian, are protected from harassment at school to the same extent that heterosexual students are protected from sexual harassment by other students. • Additionally, students could sue for violation of civil rights, for negligent supervision, or any number of other causes of action. 34

Not Addressing: Sexual Orientation Harassment • Risks to school –payment of compensatory damages –payment of attorney’s fees –Creates atmosphere conducive to school violence 35

Potential Personal Liability to Staff • School employees are personally liable for their own acts of harassment • School officials may be personally liable for another’s harassment if they are “aware of specific risk of harm” and fail to take reasonable steps 36

Potential Personal Liability to Staff • School employees may not be protected by immunities, or by district or insurance carrier duties to defend and indemnify. • Problem area: Intentional violation of known laws Reno v. Baird (1998) 18 Cal. 4 th 640; Oona v. Mc. Caffery (1997) 122 F. 3 d 1207; Government Code section 825. 37

Teacher Intervention for Bullying 71% of teachers state they “almost always intervene” 20 % of students agree they “almost always intervene” < 50% of victims ask a teacher for help Olweus Research (1999) 38

Conclusion • Bullying / sexual orientation discrimination creates a breeding ground for threats and school violence • Proactively solve this problem • See website for suggested solutions 39

Liability for Bullying Scruggs v. Meriden Board of Education U. S. District Court of Connecticut • Middle school boy receiving LD services was bullied repeatedly, and eventually committed suicide • Family sued superintendent, vice principal and school counselor • Court found the school to be negligent and deliberately indifferent LW v Toms River Regional School Board of Education • New Jersey boy repeatedly teased about perceived sexual orientation in elementary and middle school (called “faggot” “gay” etc. , physically bullied and threatened) • Court cited Davis V Monroe in finding for plaintiff, awarded 50 K • School ordered to revise policies, train staff, implement bullying prevention program 40

European study by Olweus found that 60% of bullies have a criminal conviction by age 24, compared to 10% of controls. 41

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• Threat assessment is part of a comprehensive approach to school safety. • Threat management should draw upon effective violence prevention programs available in the school. 45

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Prevention efforts to reduce bullying and violence 47

Bully proofing your school Creating caring communities 48

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