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BULLYING: FACTS YOU SHOULD KNOW. B ullying is the most common form of violence in our society. At least 10% of all children are bullied. Between 15% and 30% of all students are bullies or victims. 55% of 8-11 yr. olds say teasing and bullying is a “big problem” for people their age.

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  2. Bullying is the most common form of violence in our society

  3. At least 10% of all children are bullied

  4. Between 15% and 30% of all students are bullies or victims

  5. 55%of 8-11 yr. olds sayteasing and bullying is a “big problem” for people their age 68%of 12-15 yr. olds say teasing and bullying is a “big problem” for people their age

  6. 74% of 8-11 yr olds say kids at their school get teased or bullied 86%of 12-15 yr. olds say kids at their school get teased or bullied

  7. Every day approx. 160,000 children miss school due to fear of attack or intimidation by other students

  8. Every month 250,000 children report they are physically assaulted by other children

  9. Only 1/3 of elementary students report bullying to an adult and fewer secondary students report it

  10. A student identified as a bully by the age of 8 is six times more likely to become involved incriminal behavior

  11. 1 in 4 boys who were bullies in 6th-9th grade has a criminal record by age 24

  12. Sources:Nat’l Association of School Psychologists, 2003 @***N.J. Child Assault Prevention Project ( CAP)***Nickelodeon/Talking with Kids National Survey of Parents and Kids

  13. LGBT Harassment THE LAWS and $$ THE COST $$

  14. TITLE IX Prohibits discrimination based on gender in educational institutions Does not prohibit LGBT harassment Prohibits anti-gay harassment that is sexual Prohibits harassment based on sex stereotype

  15. Supreme Court Davis v Monroe County Bd. of Ed, 1999 Districts liable under Title IX for $$ damages for peer sexual harassment if there was: • actual notice of harassment to person w/ authority to end harassment • Deliberate indifference • Denial of educational opportunity

  16. Equal Protection Clause of U.S. Constitution Courts have held: Must treat harassment complaints of boys and girls the same Must have “rational basis” for discriminating against LGBT students School Districts & Administrators may be liable for damages if they ignore harassment

  17. EqualProtection Cases Nasbony v Podlesny- 7th Cir. Wis, 1996 $900,000 Flores v Morgan Hill S.D.– 9th Cir. CA, 2003 $ 1.1 Million

  18. $$$ More Costs $$$ $ 130,000Visalia Unified S. D. CA(’02) $451,000 Washoe County S. D. Nev.(‘02) $45,000 Banning Unified S.D. CA(’03)

  19. $220,000 Spencer County S.D. KY(’00) $135,000 Somerset Ind. S.D. KY (’00) $312,000 Titusville S. D. PA( ’02)

  20. Equal Access Act Public Schools that permit any non-curricular student group to meet MUSTpermit ALL student groups to meet including Gay-Straight Alliances

  21. White County S.D. GA. School had a “limited open forum” Would not allow GSA to meet Settlement $168,000 legal fees to ACLU $10,000 to student plaintiffs Implement anti-bullying program

  22. N. J. Laws/Regulations Law Against Discrimination (LAD) Protected categories include Sexual Orientation Bias Crimes Act Increases level of crime if purpose was to intimidate a person/group because of race, religion… sexual orientation

  23. Uniform Memorandum of AgreementBetween Education & Law Enforcement Staff is required to report to principal & superintendent suspected Hate Crimes & Bias-Related Acts Not limited to school grounds/hours

  24. Administration’s Responsibility Hate Crimes “promptly” notify police & County Bias Crimes officer “immediately” notify police of violent acts

  25. Bias- Related Acts “Presumptive Reporting” considering: nature/seriousness of conduct safety risk posed by the conduct police may have other related information the act could escalate or result in retaliation

  26. Anti Bullying Law No harassment, intimidation or bullying Protected categories include: Sexual Orientation Gender identity and expression Also applies to: School-sponsored events School Bus

  27. Bullying/harassment/intimidation • harm to student or property • student has reasonable fear of harm to person/property or • insulting or demeaning the student causing substantial disruption to the orderly operation of the school

  28. Content ofPolicy Statement Prohibiting Bullying Definition of Harassment/Bullying Behavior expected of Students Appropriate Remedial Actions for Bully Consequences- Students and Staff Reporting Procedures inc. anonymously

  29. Reporting Bullying Incidents Employee, volunteer or student who has Witnessed or Has reliable information SHALL report it to the school official designated in the Board Policy Reporting provides immunity for staff

  30. Policy Requirements cont’d Procedures for Prompt Investigations, inc. investigator Range of Ways to Respond to Complaint Support Victim Corrective Actions for Systemic Problems Prohibition Against Reprisals Consequences for False Reporting Procedures for Distribution of Policy

  31. Distribution of Policy Annual Distribution to Staff Students Parents Annual process for discussing policy with students

  32. Also Required Annual Review of Staff Training Needs Training Consistent with Review Annual Review/Update of Code of Student Conduct

  33. Title 6A:7 Managing Equality and Equity in Education Requires equal access to all educational programs regardless of race, religion… affectional or sexual orientation or “ perceived, presumed or identified by others as having such an orientation”

  34. N.J. Div. on Civil RightsL.W. v Toms River Reg. Schools BOE ( July ’04) Student harassed in Middle and H.S. $ 10,000 penalty to Board of Ed. $ 50,000 emotional damages to LW $ 10,000 emotional damages to mother Revise policies/handbooks Post complaint procedures Training for staff Applies the LAD standard

  35. Federal Title IX Standard Actual notice to person with authority Deliberate indifference Harassment is so severe and persistent as to deny the student an educational benefit N.J. Law Against Discrimination Should have known that harassment was severe & pervasive enough to make a reasonable student find the school environment hostile Appealed to Appellate Court

  36. Appellate Court Decision • Right to file a claim under the LAD- YES • Employer Standard not Title IX- YES • $50,000 to student- YES • $10,000 to mother- NO • Dissemination of materials & training specific to LGBT non-discrimination- NO • Training via Anti Bullying Law-NO Appealed to NJ Supreme Court

  37. N.J. Supreme Court Decision Can file peer harassment claim under the LAD Apply “knew or should have known” standard( LAD) Provides guidelines for determining if District made “reasonable” efforts to stop the harassment

  38. Reasonableness Standard for District Actions • District does not have to eliminate all harassment. Must stop severe and pervasive harassment • Consider Totality of Circumstances not just impact of separate acts • Lists multiple criteria to be considered • “ The environment created may exceed the sum of the individual episodes”

  39. US 3rd Circuit DecisionAug. 2004Shore Regional v P.S. o/b/o P.S. Student harassed in elementary school Student harassed in middle school Reg. H.S. said they would protect student Parents sent son to another public H.S. Court decision: District must reimburse parents for tuition to other HS.

  40. What You Can Do?

  41. Administrator “Do List” Consistently enforce the equity policy Inform students/staff/ coaches/parents Take allegations seriously- investigate Involve Aff. Action Off./Police as required Protect victim/prevent retaliation Discipline offenders appropriately Follow up/Support victim Support GSAs

  42. Everyone’s “To Do” List Be a Role Model of Acceptance Use Inclusive Language Make LGBT people visible- BB’s, Current Events Challenge Biased or Demeaning Language Challenge Harassment/name-calling Support GSAs Be an Ally

  43. Don’t… …Ignore “casual” comments …Let harasser & victim “work it out “alone …Promise complete confidentiality …Assume heterosexuality …Use “dangerous words”

  44. DangerousWords People in our school wouldn’t do that That’s just the way he/she jokes It’s just teasing- no big deal What did you expect? You said…you dress… Just ignore it No one has complained, I can’t do anything


  46. LW v Toms River S.D. Aug. 2004 “ In past decades, the schools have made great strides in teaching children to reject racial, ethnic and religious biases they may have learned elsewhere …(P)rotection from discrimination based on sexual orientation warrants similar educational efforts…. Our school districts are in the best position to educate students, in an age-appropriate manner, with the goal of eradicating sexual orientation discrimination from our schools.” N.J. Director of Division on Civil Rights

  47. Are Schools Safe forLGBT Students?

  48. California Safe Schools Coalition & 4-H Center for Youth Development, U of C @ Davis Study of 2 reports California Healthy Kids Survey 2001-2002 230,000 7th, 9th & 11th grade students Preventing School Harassment Survey 2003 Targeted to LGBT students available to all middle & HS students;

  49. 91% of students have heard students make negative comments based on sexual orientation

  50. 44% of students have heard teachers make negative comments based on sexual orientation 16% of students have heard the comments “sometimes” or “often”

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