ISANNE School Counselors and Nurses Conference April 27, 2011 Stage Neck Inn, York Harbor, Maine

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ISANNE School Counselors and Nurses Conference
April 27, 2011Stage Neck Inn, York Harbor, Maine
Bullying Prevention Its More Than Just a
Policy

• Presented by
• David Wolowitz, Esquire and Kate Vaughn, Esquire
• McLane, Graf, Raulerson Middleton, P.A.
• Contact at david.wolowitz_at_mclane.com (603)
  436-6923
• cathryn.vaughn_at_mclane.com [phone]

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• The headlines tell a story.

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Recent Headlines

• Pittsburgh School Board Approves a 55K Anorexia
  Bullying Settlement (6th grade girl now
  paraplegic after suicide attempt)- 8/5/2010
• Ohio School Sued Over Suicide in Bullying Case
  (16 year old female student bullied about
  Croatian heritage and accent)- 8/20/2010

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Recent Headlines

• Young Pupil Attempts Suicide After Repeated
  Bullying (8 year old male student -following
  incident where his pants were pulled down by
  bullies)- 3/27/2010
• Phoebe Prince "Suicide by Bullying" Teen's Death
  Angers Town Asking Why Bullies Roam the Halls (15
  year old female in South Hadley MA taunted as
  Irish slut)- 2/5/2010

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• Who can forget that face?

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• On January 14, 2010, she was discovered by her
  little sister hanging in her house from a noose
  fashioned from a scarf.
• As one news reporter queried What would
  possibly drive an attractive, vibrant teen one
  who signed her text messages with the quote
  Life is an opportunity in itself to kill
  herself.
• From People Magazine, Inside Her Torment,
  April 26, 2010, page 68.

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• We have since learned that she was shoved into
  lockers, encouraged on Facebook to kill herself
  and called the Irish whore.
• It has been labeled the case heard around the
  world.
• Id.

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• In an unprecedented move by the District
  Attorney, six teens, ages 17 and 18, were slapped
  with felony charges including stalking and
  criminal harassment.
• In an ironic twist, the bullies have now become
  the bullied.
• Id.

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• Phoebes legacy has become a heightened
  awareness across the country as legislators
  enacted new, in some cases strengthened,
  anti-bullying legislation, and schools search for
  ways to do a better job.

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• Responding to recent legislative changes
• to their states anti-bullying laws,
• many schools began the school year with
• new policies and trainings.

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• But for some schools,
• it wasnt soon enough.

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• On September 19, 2010, 13 year old Seth Walsh, a
  middle schooler, picked on for being gay also
  hanged himself. At his memorial, his younger
  brother said He was the best big brother in
  the world no the galaxy!
• From People Magazine, Tormented to Death?
  Teen Suicide Tragedies, Deadly Bullying,
• October 18, 2010, page 58.

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• On September 23, 2010, 13 year old 8th grader,
  Asher Brown, tortured for being gay, lisping, and
  being a Buddhist, shot himself. His mom said
  This is the worst club to be a member of.
• Id.

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• And on September 27, 2010, we all learned in
  horror that Tyler Clement, a gifted musician and
  Rutgers freshman, killed himself three days after
  his college roommate streamed a live video of him
  in an encounter with a man in his dorm room. He
  drove himself to the George Washington Bridge and
  jumped into the Hudson River.
• Id.

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• Think it wont happen at your school
• think again!

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Statistics on bullying

• According to The American Academy of Child and
  Adolescent Psychiatry, as many as half of all
  children are bullied at some time during their
  school years, and at least 10 percent are bullied
  on a regular basis. 

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Statistics on cyber-bullying

• According to the National Crime Prevention
  Council, 43 percent of teens have been victims of
  cyber-bullying in the last year.  Cyber-bullying
  can be as damaging as bullying in person.

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• According to the American Academy of Child and
  Adolescent Psychiatry, children who are bullied
  experience significant suffering that can
  interfere with their social and emotional
  development, as well as their school performance.
   Some victims of bullying have even attempted
  suicide rather than continue to endure such
  harassment and punishment.

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• Education Week recently published results from
  the largest study ever done.
• 43,000 high school students surveyed by the Los
  Angeles-based Josephson Institute of Ethics
  found
• 43 percent of high school students have been
  physically abused, teased or taunted in a way
  that seriously upset them.
• 50 percent admitted to being the bully!

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Consider this

• You are a teacher at Johnson Academy. Your
  children also go to school here. Your daughter
  tells you that, over the recent summer break, a
  friend (also a student at the school) was
  harassed and bullied by other students online.
  She worries that her friend is depressed. She
  said that her friend read her a lot of nasty text
  messages from some other students, and that her
  friend has said that she doesnt want to come to
  school.
• What should you do?
• Do you, or your school, have a duty to respond?

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What about this?

• While on recess duty you overhear a few boys
  talking. They are watching one of your students,
  Runako, from Zimbabwe. He is a shy, very dark
  skinned student. One of the students comments
  Here comes the tar baby. You dont think
  Runako hears the comment.
• Should you do anything?

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Or this?

• About 7 of your student population is from
  Korea. You have a problem with the older Korean
  boys treating the younger Korean boys in an
  abusive manner. The parents of one of the boys
  has told you that this is typical and acceptable
  behavior among boys in the Korean culture.
• Do you have any duty to act if the boys
  involved are all from Korea?

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• What are your responsibilities to address
  bullying in your school?

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Overall Legal Responsibilities of School
Employees

• The primary legal duty of school employees
• is the duty to use reasonable care.

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Examples

• The duty to provide adequate supervision of
  students under your care.
• The duty to protect against foreseeable harm.
• The duty to report abuse or neglect.
• The duty not to engage in inappropriate behavior
  or abuse your power or authority.
• The duty to provide a safe and bully-free school
  environment.

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In loco parentis

• The duty to protect and care
• for students
• as the parents of the students would.

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• Anti-bullying prevention is more than just a
  policy or responding when bullying occurs.
• Providing a healthy, safe respectful school
  atmosphere is a schools best tool to combat
  bullying.

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• As one head of school recently commented to his
  employees about bullying prevention
• .this is where each of us has a role in
  identifying threads before they become a weave,
  and creating a culture of kindness that supports
  and draws out the best, not simply stamps out the
  worst afterwards.
• Quoted with permission of Craig Sellers, Head of
  School, The Derryfield School, Manchester, N.H.

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• A wonderful resource for bullying educational
  materials is Stop Bullying Now at the U.S.
  Department of Health and Human Services, Health
  Resources and Services Administration. They have
  a theme Take a Stand. Lend a Hand. Stop
  Bullying Now.
• Found at www.StopBullyingNow.hrsa.gov.

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Ten suggested anti-bullying prevention
strategiesFrom Stop Bullying Now Tip Sheets

• 1. Focus on the social environment of the school.
  
• 2. Assess bullying at your school.
• 3. Garner staff and parent support for bullying
  prevention.
• 4. Form a group to coordinate the schools
  bullying prevention activities.
• 5. Train your staff in bullying prevention.

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• 6. Establish and enforce school rules and
  policies related to bullying.
• 7. Increase adult supervision in hot spots where
  bullying occurs.
• 8. Intervene consistently and appropriately in
  bullying situations.
• 9. Focus some class time on bullying prevention.
• 10. Continue these efforts over time.

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• Bullying prevention should be woven into the
  entire school environment.
• From Stop Bullying Now Tip Sheet.

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What should independent schools schools do
considering the changes in their state
anti-bullying laws?

• Amend or adopt an anti-bullying policy that
  incorporates any new definition of bullying and
  cyberbullying.
• Consider covering the ramifications of off-campus
  bullying and cyberbullying if not mandated by
  your state law.
• If your states law does not apply to independent
  schools, review the public school requirements
  and tailor policies and procedures to fit your
  school culture and environment.

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• Ensure appropriate responsive procedures
  including reporting obligations within the
  school, investigation and disciplinary or
  supportive services.
• Educate your students and employees about your
  schools policies, procedures, expectations and
  ramifications of inappropriate behavior.

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• Consider how the bullying policy will incorporate
  into your schools overall safe school policies
  and procedures such as
• Harassment
• Hazing
• Internet Acceptable Use Policy
• Abuse Reporting
• Off-campus Behavior
• Counseling Services
• Student Discipline
• Social Networking

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Post -bullying responsive action also a key to
prevention

• Following an incident of bullying, school
  administrators should ensure that they take
  prompt, appropriate and effective responsive
  action. At a minimum, this will include
• Conducting such investigation as is needed to
  determine what happened.
• Ensuring that the school follows its bullying
  policy and any applicable laws including any
  bullying or mandatory reporting laws.
• Taking whatever disciplinary or other responsive
  action (e.g. required counseling, separating the
  students in class, forbidding contact, etc.)
  might be needed.

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• Communicating with parents and other involved
  schools (if some students are from another
  school) about the schools factual findings and
  what can be communicated about the schools
  conclusions and responsive actions. (Take into
  consideration a students possible rights of
  privacy to information such as required anger
  management or counseling, etc.)
• Following up to ensure there is no retaliation.
• Continuing to monitor the situation to ensure
  that the responsive actions remain effective and
  no further or additional acts of bullying takes
  place.

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• Taking appropriate and effective responsive
  action will help to instill confidence in the
  schools policy and management of bullying,
• and also help to foster an environment in which
  the students and other members of the school
  community understand that bullying is not
  acceptable.

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The key to bullying prevention

• .This is where each of us has a role in
  identifying threads before they become a weave,
  and creating a culture of kindness that supports
  and draws out the best, not simply stamps out the
  worst afterwards.
• Quoted with permission of Craig Sellers, Head of
  School, The Derryfield School, Manchester, N.H.

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Recommended Resources for Anti-bullying Efforts

• 1) Stop Bullying Now, Take a Stand, Lend a Hand.
  HRSA. Resource Kit.
• 2) Materials by Sameer Hinduja, Ph.D.,
  Cyberbullying Resource Center
• 3) Direct From the Field A Guide to Bullying
  Prevention by Laura Parker-Roerdon, David
  Rudewick and Donald Gorton, A Joint Project of
  The Governors Task Force on Hate Crimes, The
  Massachusetts Commission on Gay, Lesbian,
  Bisexual and Transgender Youth, and the
  Massachusetts Department of Public Health,
  Commonwealth of Massachusetts, 2007 (Excellent
  may be downloaded on line).
• 4) South Hadley Public Schools, Anti-bullying
  Task Force to Promote Civil and Ethical
  Behavior, Final Report, June 2010 (with helpful
  flowchart of bullying complaint responses)

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• 5) MARC, Massachusetts Aggression Reduction
  Center pamphlets on anti-bullying such as the
  Guide for parents.
• 6) Massachusetts Department of Elementary
  Secondary Education, Interim Report to the
  Legislature The Behavioral Health and Public
  Schools Task Force, December 2009 to build a
  framework to promote collaborative services and
  supportive school environments for children.
• 7) Book Teaching Children to Care Classroom
  Management for Ethical and Academic Growth, K-8
  by Ruth Sidney Charney, Northeast Foundation for
  Children, Inc., 2002
• 8) SAU 19 Anti-Bullying Project with policy,
  investigation form, project overview, report on
  Faculty Bullying Survey, curriculum, and other
  resources. Found at http//goffstown.k12.nh.us/SAU
  19/index.php/anti-bullying-policies