Bullying In Higher Ed

1. Bullying In Higher Ed • Fay R. Trachtenberg, Esq. • Associate University Counsel • Temple University

2. Bullying in Higher Ed • Unique environment • Student Issues • Employee Issues • Faculty • Staff • Professionals How do we manage their conduct?

3. Bullying in Higher Ed Most colleges and universities have specific codes of conduct for students and employment standards for faculty and staff.

4. Standards of Conduct • Create an educational and work environment free from uncivil and potentially unlawful behavior Coverage • conduct that violates common decency (civility) • threatens the safety, and rights of others in the community • Delineate the consequences of violating these standards

5. Bullying in Higher Ed • Very few have specific policies on bullying • Bullying may be directly referenced codes/policies but more often than not, these codes/policies prohibit generalized uncivil behavior.

6. Why is this so? • Bullying is not recognized as per se illegal • Other avenues to hold a ‘bully’ responsible: • Harassment based on protected classifications • Code of Conduct Violations (Students) • Employee Manual Standards of Conduct (Faculty and staff) • Computer/Technology Usage Policies – • cyber-bullying

7. Bullying in Higher Ed • Perception that those in charge: • Fail to define bullying as problematic behavior • Tolerate Bullying behavior • Set employees or students against each other for rewards • Productivity = Promotion • Good Grades = Law Review/Prestigious Residency • Leave victims to fend for themselves

8. How do we combat this? • Reliance on: Codes of Conduct (Students) Employment Standards (Employees) • Professional Codes of Ethics/Oaths • Training • Anti-harassment • Anti-retaliation • Civility • Anti-Bullying • Counseling/Coaching • Consequences • Delineate a variety of avenues to pursue assistance

9. Bullying in Higher EdGraduate Professional Schools • No cognizable duty to protect • No responsibility to stand in loco parentis • No custodial relationship • Keep in mind: • Students training to be professionals • Inherent in the situation is the fact that they are adults and should be treated as such • Need to be able to manage the instances of incivility in their learning environment so that they can have the tools to do so in their work environment • Schools should communicate the avenues to pursue assistance if needed (Dean of Students/Student Affairs/Care Team) • Need to develop the ability to know when to ask for help and be their own best advocate

10. Graduate Professional Students • Size of many professional schools smaller than undergrad • Faculty/Administration more attuned to what is going on • Emphasize code of professional ethics • Model appropriate professional behavior

11. Bullying in Higher EdLiability Liability theories suggested • Negligence • University/Student Relationship • Landlord – Tenant • Landowner/Business Invitee • All deal with criminal actions and most jurisdictions do not consider bullying to be criminal.

12. Bullying in Higher EdLiability • Despite this, behavior can rise to the level of being criminally actionable (Tyler Clemente case) • Liken bullying to harassment • 1986 - Meritor Savings Bank, FSB v. Vinson – The Supreme Court first recognized “sexual harassment” as a violation of Title VII and established the standards for levels of employer liability • 1998- Oncale v. Sundowner Offshore Services, Inc – Supreme Court upholds complaint based on same sex harassment. • 1998 - Faragher v. City of Boca Raton - Supreme Court decision that establishes that an • employer is subject to vicarious liability for hostile environment created by a supervisor • Exposure about the issue • Acknowledging Harm • Education

13. Bullying in Higher Ed Examples of current policies/codes of conduct in Higher Education:

14. Rowan University In compliance with New Jersey Executive Order #49, Rowan University is committed to ensuring the safety and security of the University’s workplace. Violence against employees can take many forms including harassment or bullying, intimidation, threats, threatening behavior (with or without the use of technology) and physical acts of violence. Threats and/or threatening behavior, or acts of violence by University employees against themselves, other staff members, faculty, students, visitors or other individuals while on University property or using University facilities will not be tolerated and are causes for removal from the workplace and may result in discipline including possible termination of employment. Each University employee has a responsibility to report any threatening or violent behavior when a member of the University community or visitors to the campus exhibits such behavior. Rowan University Workplace Violence Policy in its entirety can be found at: http://www.rowan.edu/hr/affirm/pdfs/Final_Workplace_Violence_Policy_052411.pdf NJ Executive Order 49 http://www.nj.gov/infobank/circular/eow49.htm

15. Rowan University CLASSROOM BEHAVIOR POLICY & PROCEDURES The following procedures apply to classrooms as well as student interactions with instructors in labs, offices and other campus learning environments. Rowan University recognizes that students play a major part in creating and supporting the educational environment and believes that students have a right to learn and a responsibility to participate in the learning process. While Rowan University is committed to the fundamental principles of freedom of speech, including controversial positions taken in the classroom, all types of speech and behavior must be balanced with principles of appropriate classroom behavior. Two levels of Disruption Level I – examples include: sleeping in class, persistent speaking without permission, inappropriate use of electronic devices… Level II – examples include: engaging in physical violence, threats, harassment, intimidation, bullying, coercion, and/or other conduct which threatens or endangers the health or safety of any person as described in the Student Code of Conduct http://www.rowan.edu/provost/policies/documents/ClassroomBehaviorPolicy.04.12_001.pdf

16. Millersville University In response to the events at Rutgers University, Millersville’s Interim Assistant to the President for Social Equity and Diversity sent out a memo to the University community about Cyber bullying. Recent events involving the misuse of the Internet have raised concern on campuses nationally.  This heightened concern presents an opportunity to remind us all of the inherent responsibility that defines what it means to be a member of the Millersville campus community.  As faculty, students, staff and administrators, we share a collective responsibility to ensure that Millersville University is a place that values the diversity of opinion and perspectives, and where each member of our community can feel safe and supported.  The tragic events last year at Rutgers University, University of Michigan, and high schools across the country, coupled with the recent movie "The Social Network", underscore the huge changes taking place in our world - the easy access to instant communication and the power people have to use that networking for greater "interconnectedness," but also the possibility that it can be used for thoughtless or malicious aims.  The evolving use of technology - social networking sites (MySpace, Facebook), blogs, text messaging, web cams, and Twitter, just to name a few, are wonderful ways the world stays connected.  At the same time, these platforms present opportunities for misuse and for people to harm others when the technology is used without regard to consequences and without respect for one another. Please take the time to thoughtfully reflect on your own attitudes and beliefs about privacy and respect for others.  It is essential for the safety and well-being of our campus community and our society that we continue to ensure the highest level of respect, integrity, and decency in our interactions with one another. This is in fact, the Millersville way, and strikes at the very core of our institutional values, mission and strategic directions.  http://www.millersville.edu/socialeq/cyber-bullying-policy.php

17. Rutgers University On their Office of Student Affairs Compliance website, Rutgers University has a published Statement of Principles that says, in part: “ Intolerance, bigotry and bullying are antithetical to the values of the university, and unacceptable within the Rutgers community. Verbal assault, harassment, intimidation, bullyingor defamation interferes with the mission of the university and each member of this community is expected to be sufficiently tolerant of others so that all students are free to pursue their goals in an open environment, able to participate in the free exchange of ideas, and able to share equally in the benefits of our educational opportunities. Beyond that, each member of the community is encouraged to do all that she or he can to ensure that the university is fair, humane, and responsible to all students. The Policy Against Verbal Assault, Harassment, Intimidation, Bullying and Defamation seeks to establish certain minimum standards in order for the community to be able to fulfill its mission.” There is a direct link to their Policy Against Verbal Assault, Harassment, Intimidation, Bullying and Defamation as well as contacts at each campus who have been identified to handle complaints. http://compliance.rutgers.edu/bullying

18. Rutgers University Policy Against Verbal Assault, Harassment, Intimidation, Bullying and Defamation Bullying, intimidation, and harassment: a person acts with the purpose to bully, intimidate, and harass another by:   - Making, or causing to be made, a communication or communications (including the use of electronic and/or social media) anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm; or   - Subjecting another to striking, kicking, shoving, or other offensive touching, or threatening to do so; or   • Engaging in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person, such that the behavior substantially disrupts or interferes with the orderly operation of the institution or the rights of other students to participate in or benefit from the educational program. For full policy – please see: http://compliance.rutgers.edu/images/uploads/file/Policy_Against_Bullying_Harassment_Assault_Intimidation_Defamation.pdf

19. Rutgers University In order to reinforce institutional goals of nondiscrimination, tolerance, and civility, the following policy against verbal assault, harassment, intimidation, bullying, and defamation is intended to inform students that the verbal assault, harassment, intimidation, bullying and defamation of others violates acceptable standards of conduct within the university. http://compliance.rutgers.edu/images/uploads/file/Policy_Against_Bullying_Harassment_Assault_Intimidation_Defamation.pdf (This policy is not intended to supersede the university's policy against sexual harassment.)

20. Kean University Policy on Harassment, Intimidation and Bullying http://kean.edu/KU/Policy-on-Harassment-Intimidation-and-Bullying Students are prohibited from engaging in harassment, intimidation or bullying. A student will be found responsible for harassment, intimidation or bullying if he or she engages in conduct, including any gesture, written, verbal or physical act, or any electronic communication (which includes e-mails, text messages, and Internet postings on web-sites or other social media), whether it be a single incident or series of incidents, that  occurs on the University’s campus,  through use of University facilities, or at any function sponsored by the University or  any University-related organization, on or off-campus; that  is so severe or pervasive and objectively offensive that it substantially disrupts or interferes with the orderly operation of the University or the rights of any  student or other member of the University community; and that:

21. Kean University 1. involves intimidation or threats to another person's safety, rights of personal privacy and property, academic pursuits, University employment, or participation in activities sponsored by the University or organizations or groups related to the University; or 2. a reasonable person should know, under the circumstances, will have the effect of insulting or demeaning any student or group of students; or

22. Kean University 3. creates an intimidating or hostile environment by substantially interfering with a student’s education, or by materially impairing the academic pursuits, employment or participation of any person or group in the University community, or by severely or pervasively causing physical or emotional harm to the student or other member of the University community; or 4. a reasonable person should know, under the circumstances, will have the effect of physically or emotionally harming a student or other person or damaging the person’s property or placing him/her in reasonable fear of physical or emotional harm to his/her person, or to any member of that person's family or household, or of damage to his/her property.

23. Eastern Washington UniversityBullying Prevention and ResponseStandards of Conduct • Policy • Eastern Washington University will not tolerate bullying behavior directed toward any member of the university community or to any person on university property. • Scope • All EWU programs (educational) and employment. Members, visitors, guests must comply • Reprisal or Retaliation • Confidentiality • References • Definition of Bullying • Complaint Process • Sanctions or Disciplinary Actions • Responsibilities • Employees, Students and Guests • University President • University Officials and Supervisory Employees

24. Eastern Washington University • Where to Report Bullying • Grid (Preferred Official and Alternate Official) • Informal Complaint Process • Includes informal meeting between parties • Mediation • Formal Complaint Process • Bullying Complaint Form http://cfweb.ewu.edu/policy/PolicyFiles/EWU_901_04.pdf

25. Penn State University • Workplace Bullying • Repeated and unreasonable actions of individuals (or a group) directed towards an employee (or a group of employees), which is intended to intimidate and create a risk to the health and safety of the employee(s). • Points out differences from harassment • Harassment is one type of illegal discrimination and is defined as offensive and unwelcome conduct, serious enough to adversely affect the terms and conditions of a person's employment, which occurs because of the person's protected class, and can be imputed to the employer. Protected classes in employment are race/color, creed (religion), national origin, sex, marital status, disability, and sexual orientation/gender identity. • Examples of what to do • Employee • Employer http://www.police.psu.edu/workplaceviolence/bullying.shtml

26. Temple UniversityEmployee Manual Employee Conduct 12.3 Violence in the Workplace Temple University is committed to providing a safe, healthful workplace that is free from violence or threats of violence. For purposes of this employment standard, workplace violence is any violent or potentially threatening behavior that arises from or occurs in the workplace that affects university faculty, employees, students and visitors. Temple University does not tolerate behavior, whether direct or through the use of university facilities, property or resources, that: o is violent. o threatens violence. o harasses or intimidates others, including stalking or bullying behavior. o interferes with an individual’s legal rights of movement or expression. o disrupts the workplace, the academic environment or the university’s ability to provide service to the public.

27. Temple UniversityEmployee Manual Violent or threatening behavior can include physical acts, oral or written statements, harassing telephone calls, gestures and expressions, or behaviors such as stalking or bullying. Individuals who engage in any conduct prohibited by this standard may be banned from university property, and may be subject to discharge or other disciplinary action, arrest and/or criminal prosecution. This policy applies to all work locations including offices, work sites, vehicles and field locations. The university takes reports of threatening or violent workplace incidents seriously. Employees, supervisors and managers should contact the Human Resources Department at 7-2201 and Campus Police at 1-1234 immediately to report any threats that they have witnessed, received, or have been told that another person has witnessed or received. Employees should also report any behavior they have witnessed that they regard as threatening or violent when that behavior is job-related or might be carried out on university-owned or leased property.

28. Temple University Student Code of Conduct Responsibility for the enforcement of the rules of the university rests with all the members of the Temple community. University rules should serve as a guide for high personal standards. It is the student’s responsibility to: • 1. Foster an environment conducive to continued intellectual and educational stimulation within the university free from unlawful harassment by other members of the community; and • 2. Foster the maintenance of physical and mental health, the safety and welfare of each member of the community; and • 3. Respect the rights of others.

29. Temple University Student Code of Conduct • Sanctions • Letter of Reprimand • Probation • Loss of privileges • Fines • Restitution • Service Sanctions • University Housing Suspension or Expulsion • University Suspension or Expulsion • Revocation of Admission or Degree http://policies.temple.edu/getdoc.asp?policy_no=03.70.12. 

30. Students • Code of conduct violations http://policies.temple.edu/getdoc.asp?policy_no=03.70.12 • Disciplinary hearings – University Disciplinary Committee • Finding of responsibility could result in: • Fine • Suspension • Expulsion • Disciplinary Hold placed on students record until sanctions are fulfilled

31. Best Practices • Create Policies • Education and Training • Anti-harassment • Anti-retaliation • Civility • Anti-Bullying • Counseling/Coaching • Understand the Roles and Responsibilities • Administration • Faculty • Employee • Student