New York State Dignity Act and Bullying Prevention

1. New York State Dignity ActandBullying Prevention Hofstra University Presented by: Dr. Susan Lipkins Dr. Karen Siris March 12, 2012 bullyinterventionexperts@gmail.com

2. Bullying is a type of harassment an intentional act of aggression, based on an imbalance of power, that is meant to harm a victim either physically or psychologically. usually occurs repeatedly and over time, however sometimes can be identified in a single event.

3. DEAR COLLEAGUE LETTER….. OCTOBER, 2010: On the heels of Tyler Clemente’s and Phoebe Prince’s “bullycides” • Office of Civil Rights sent a Dear Colleague Letter reminding schools that by limiting their responses in a bullying incident they may be failing to properly consider whether the incident is in violation of students’ federal civil rights.

4. Bullying and Federal Civil Rights Violations • Title VI of Civil Rights Act of 1964, prohibits discrimination on the basis of race, color or national origin • Title IX of the Education Amendments of 1972 prohibiting discrimination on the basis of sex) • Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability • Title VI of Civil Rights Act of 1964, prohibiting discrimination on the basis of race, color or national origin • Title IX of the Education Amendments of 1972 prohibiting discrimination on the basis of sex) • Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability www.stopbullying.gov/topics/civil_violation/index.htm School districts may violate Federal civil rights statutes and U.S.E.D. regulations when peer harassment based on race, color, national origin, sex, or disabilityis sufficiently serious that it creates a hostile environment and such harassment is encouraged, tolerated, not adequately addressed, or ignored by school staff.

5. Why have 47 states passed anti-bullying/harassment laws? • 39% of students reported that bullying, name calling, and harassment pose a serious problem at school. • 66% reported that people at school were harassed at least “sometimes” because of their looks or body size, • 57% reported that students were bullied or harassed “sometimes” because of the way they expressed their gender (GLSEN, 2010) • 50% of high school students (2010) admit they bullied someone in the past year • 47% admit that they were bullied, teased or taunted in a way that seriously upset them in the past year (Josephson School of Ethics, 2010- 43,000 students surveyed)

6. Are Incidents Reported? • Adults are often unaware of bullying problems (Limber, 2002; Skiba & Fontanini, 2000) • 60% of 10-17 year olds say they were victims of violence, abuse or crime but less than 30% told authorities

7. New York State’s Law The Dignity Act: It is hereby declared to be the policy of New York State to afford all students in public schools an environment free of discrimination and harassment. http://www.p12.nysed.gov/dignityact/

8. What sites and events are covered by DA? DA applies to public schools, BOCES, and charter schools. DA applies to incidents on school property (in a school building, athletic playing field, playground, parking lot, school bus) DA applies to public school sponsored functions (school-sponsored extra curricular events or activities)

9. New York LawThe New York Law Dignity Act • Requires districts and schools to prevent, monitor, and address bullying through: (July, 2012) • Designation of a “DIGNITY ACT COORDINATOR” to be trained in non-discriminatory instructional and counseling methods and in handling human relationships

10. DIGNITY ACT COORDINATOR • At least one employee in every school shall be designated as a Dignity Act Coordinator and • Instructed in the provisions of the proposed rule and thoroughly trained in methods to respond to human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender and sex. • The designation of each Dignity Act Coordinator shall be approved by the board of education, trustees or sole trustee of the school district (or in the case of the City School District of the City of New York, by the • Principal of the school in which the designated employee is employed) and, in the case of a charter school, by the board of trustees.

11. DIGNITY ACT COORDINATOR • The name(s) and contact information for the Dignity Act Coordinator(s) shall be shared with all school personnel, students, and persons in parental relation. • In the event a Dignity Act Coordinator vacates his or her position, another school employee shall be immediately designated for an interim appointment as Coordinator, pending approval of a successor Coordinator by the applicable governing body within 30 days of the date the position was vacated. In the event a Coordinator is unable to perform the duties of his or her position for an extended period of time, another school employee shall be immediately designated for an interim appointment as Coordinator, pending return of the previous Coordinator to his or her duties as Coordinator.

12. Requires districts and schools to prevent, monitor, and address bullying through: (July, 2012) • Staff training to raise awareness and sensitivity of school employees to issues of harassment and discrimination

13. THE DIGNITY ACT INSURES THAT: • Schools promote civility and a safe, nurturing environment • No student shall be subjected to harassment, discrimination, or bullying by students or employees • Schools provide a response to students who are harassed and bullied at school.

14. actual or perceived race color weight (size) national origin ethnic group religion religious practice disability sexual orientation gender identity, or sex The New York Law The Dignity for All Students Act (N.Y. Educ. Law §§10-18, 801-a) prohibits harassment with respect to certain non-exclusive protected classes including, but not limited to:

15. Requires districts and schools to prevent, monitor, and address bullying through: (July, 2012) • Sensitivity and tolerance curricula for students

16. Dignity Act and Student Instruction Education Law §801-a – Requires Instruction in: civility, citizenship, character honesty tolerance personal responsibility respect for others dignity for all

17. Requires districts and schools to prevent, monitor, and address bullying through: (July, 2012) • Revising the code of conduct to create a school environment free from harassment and discrimination

18. How Does DA Relate to School Policy? Policies to create a school environment free from discrimination or harassment Guidelines to be used in school training programs to raise the awareness and sensitivity of school employees to potential discrimination or harassment Guidelines to enable employees to prevent and respond to discrimination and harassment § 13. Policies and Guidelines Boards of Education shall create policies and guidelines that shall include, but are not limited to:

19. An age-appropriate version of the policy written in plain-language shall be included in the code of conduct NOTE: Codes of Conduct are to be posted on the school web site

20. Code of Conduct The code of conduct shall include, but is not limited to: • provisions prohibiting discrimination and harassment against any student, by employees or students on school property or at a school function, that creates a hostile environment by conduct, with or without physical contact and/or by verbal threats, intimidation or abuse, of such a severe nature that: (1) has or would have the effect of unreasonably and substantially interfering with a student's educational performance, opportunities or benefits, or mental, emotional and/or physical well-being; or (2) reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety.

21. Such conduct shall include, but is not limited to, threats, intimidation,or abuse based on a person's actual or perceived race,color, weight, national origin, ethnic group, religion, religious practices, disability, sexual orientation, gender or sex; provided that nothing in this subdivision shall be construed to prohibit a denial of admission into, or exclusion from, a course of instruction Rule Making Activities NYS Register/January 18, 2012

22. Requires districts and schools to prevent, monitor, and address bullying through: (July, 2012) • Reporting acts of bullying to the NY State Education Department through the defined reporting system

23. DA and Uniform Violent Incident Reporting § 15. Reporting by Commissioner The commissioner shall create a procedure under which material incidents of discrimination and harassment on school grounds or at a school function are reported to the department at least on an annual basis. Such procedure shall provide that such reports shall, wherever possible, also delineate the specific nature of such incidents of discrimination or harassment, provided that the commissioner may comply with the requirements of this section through use of the uniform violent incident reporting system.

24. The Legal Standard in CYBERBULLYING ON CAMPUS… Schools must address cyberbullying: • Occurring through district Internet system • Personal cell phones, cameras, personal computers, PDA’s OFF CAMPUS…. • Speech using technology that causes or threatens to cause substantial disruption at school or interference with rights of students • Speech at the “harmful speech” level – that which causes emotional harm that causes danger to the victim or others

25. If the laws pose uncertainty about disciplinary action… Nothing prevents the school officials from resolving the concerns informally Provide the parents of the cyberbully with a downloaded copy of the harmful on-line material and advise the parents of the potential personal liability… IF THEY DO NOT TAKE PROACTIVE STEPS TO ENSURE THE HARMFUL ACTIVITIES CEASE.

26. The Players THE BULLY THE TARGET/VICTIM THE BYSTANDER

27. Characteristics of Bullies • Lack Empathy • Display Verbally Aggressive Behavior • Display Physically Aggressive Behavior • Bullies have average levels of self esteem • Intimidate Classmates • Seek Power in Relationships • Provoke Fights

28. Long Term Effects on the Bully • Nearly 60 percent of boys who researchers classified as bullies in grades six through nine were convicted of at least one crime by the age of 24. • Even more dramatic, 40 percent of them had three or more convictions by age 24.

29. Passive Victims Social Anxiety Disorder Lack Social Skills (socially awkward) Pleasers Compliant Fear of Confrontation

30. Provocative Victims are: Restless Irritating to others Seen teasing and don’t know when to stop Likely to fight back, but lose Emotional Often diagnosed with Attention Deficit Disorder

31. Cyber Victims • Cyber victims reported higher rates of depression than cyber bullies or bully victims • Cyber victims may not be able to identify their harasser and are more likely to feel isolated, dehumanized or helpless at the time of the attack

32. Effects on the Victim • Anxiety • Loss of self-esteem into adulthood • Decrease in attention/grades • Decrease in attendance/involvement • Decreased socialization/increased isolation • Physical Symptoms: headaches, fatigue, stomach problems • Increase in acting out behavior • Suicide/Homicide

33. The Bystanders DEFINTION: —those who watch bullying happen or hear about it.  

34. Bystanders: • PASSIVELY acceptbullying by watching and doing nothing • PROVIDE the audience a bully craves and the silent acceptance that allows bullies to continue their hurtful behavior   • INSTIGATE the bullying by prodding the bully to begin • ENCOURAGE the bullying by laughing, cheering, or making comments that further stimulate the bully

35. Other bystanders • . . . directly intervene, by discouraging the bully, defending the victim, or redirecting the situation away from bullying. • . . .  get help, by rallying support from peers to stand up against bullying or by reporting the bullying to adults. 

36. Why don’t more bystanders intervene? • They fear getting hurt or fear retribution (becoming the next victim) • They feel powerless to stop the bully.     • They don’t like the victim or believe the victim “deserves” it. • They think that telling adults won’t help or it may make things worse. • They don’t know what to do.

37. Caring Schools hold the key to prevention of bullying, harassment and discrimination. In these schools all adults: • Display warmth, positive interest and involvement • talk to each other and students with respect and understanding • alert other staff members if they are displaying unacceptable behavior toward a student