Welcome!

1. Welcome!  Introduction by Lisa Gilbert Superintendent of TUSD

2. Bullying, Gender and sex-based harassment: Tim Beard; Personnel Director Sharon Owen; Licensed Educational Psychologist Dawn Roach; School Psychologist Wade Barrett; School Psychologist

3. California Healthy Kids survey conducted 2011-2012 school year: In the past 12 months how many times on school property did students report that they were bullied for the following reasoning

4. Bullying Laws and Policies • Federal • U.S. Department of Education/Office for Civil Rights • Department of Justice • State • California Department of Education • California Education Code • Local • Tehachapi Unified School District Board • Board Policies

5. Bullying Laws and Policies • Federal • There are no federal laws that directly addresses bullying, in some cases, bullying overlaps with discriminatory harassment when it is based on race, national origin, color, sex, age, disability, or religion. When bullying and harassment overlap, federally-funded schools have an obligation to resolve the harassment. When the situation is not adequately resolved, the U.S. Department of Education’s Office for Civil Rights and the U.S. Department of Justice’s Civil Rights Division may get involved.

6. Bullying Laws and Policies • State • California Department of Education (CDE) The CDE and the State Superintendent of Public Instruction are responsible for enforcing education law and regulations; and for continuing to reform and improve public elementary school programs, secondary school programs, adult education, some preschool programs, and child care programs.

7. Bullying Laws and Policies • California Education Codes • 200. It is the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, equal rights and opportunities in the educational institutions of the state. The purpose of this chapter is to prohibit acts that are contrary to that policy and to provide remedies thereof.

8. Bullying Laws and Policies • California Education Codes (continued) • Section 201 • Section 220 • Section 231.5 • Section 233 • Section 234 • Section 32261 • Section 32265 • Section 32270 • Section 48900

9. Bullying Laws and Policies • Tehachapi Unified School District, Board Policies • BP 0410 – Nondiscrimination In District Programs and Activities. • BP 1312.3 – Uniform Complaint Procedure • AR 1312.3 – Uniform Complaint Procedure • BP 2145.3 – Nondiscrimination/Harassment • BP 5145.7 – Sexual and Gender Based Harassment • AR 5145.7 – Sexual and Gender Based Harassment

11. Discrimination, Harassment, or Bully Complaint Investigation • The School Principal, Title IX Coordinator, or designee will conduct the investigation. • The School Principal and Vice Principal are your site based designated individual(s) who can answer questions or concerns regarding polices and regulations related to sexual and gender based harassment. • Traci Minjares is the District Office Title IX Coordinator.

12. Incident Timeline Procedure

13. California Healthy Kids survey conducted 2011-2012 school year: In the past 12 months how many times on school property did students report that they were bullied for the following reasoning

14. California Healthy Kids Survey Cyber Bullying in the past 12 months 0 times= 63 % 1 time=12% 2-3 times=17% 4 or more=8%

15. California Healthy Kids Survey Violence by Boyfriend/Girlfriend • 11 percent of the surveyed students reported that they had experienced physical Violence by Boyfriend/Girlfriend, Past 12 months

16. California Healthy Kids Survey Sad/Hopeless Feelings and contemplated suicide • 41 percent of TUSD students surveyed reported sad or hopeless feelings in the past 12 months • 30 percent of TUSD students surveyed seriously considered attempting suicide, past 12 months

17. Recognize • Respond • Report

18. Recognize Review of What defines Bullying? Bullying is a form of emotional or physical abuse that has three defining characteristics: • 1. Deliberate—a bully’s intention is to hurt someone. • 2. Repeated—a bully often targets the same victim again and again. • 3. Power Imbalanced—a bully chooses victims he or she perceives as vulnerable. 

19. DISCRIMINATION AND HARASSMENT Discrimination and harassing behavior based on sex including (gender, gender identity gender expression, and nonconformity with gender stereotypes), race, color, religion, ancestry, national origin, ethnic group identification, marital or parental status, physical or mental disability, sexual orientation or the perception of or association with someone who has or is perceived to have one or more of such characteristics violates federal and/or state civil rights law and denies equal educational opportunities for all students. 

20. Discrimination may occur when an individual or individuals are treated differently specifically because of a specific characteristic.  Unintended behavior or action that ultimately results in treating a group differently may be a form of discrimination. 

21. SEXUAL HARASSMENT AND GENDER-BASED HARASSMENT Making comments, name-calling, conduct of a physical nature, or other expressive behavior directed at an individual or group on the basis of gender, sexual orientation, perceived sexual orientation, gender expression, and nonconformity with gender stereotypes falls under the category of sexual harassment / gender-based harassment and is prohibited. Sexual harassment and gender-based harassment can also take place between people of the same sex.

22. Behaviors that may constitute sexual harassment (not inclusive) • Unwelcome leering, sexual flirtations, or propositions • Sexual slurs, epithets, threats, verbal abuse, derogatory comments • Unwelcome or offensive comments about an individual’s body, sexual jokes, sexually degrading descriptions, or obscene gestures • Derogatory posters, notes, stories, cartoons, drawings, pictures, or computer generated images of a sexual nature; • Spreading sexual rumors

23. Behaviors that may constitute sexual harassment (not inclusive) • Disparaging, offensive or unwelcome sexual remarks about students enrolled in a predominately single sex class. (non-conformity to gender stereotypes. Girls in woodshop class and boys taking dance) • Unwelcome touching of an individual’s body or clothes in a sexual way ( including massaging, grabbing, fondling, stroking, or brushing the body); • Impeding or blocking movements or any physical interference with school activities when directed at an individual on the basis of sex; and • Displaying sexually suggestive objects.

24. Behaviors that may constitute gender-based harassment (not inclusive) • Slurs, threats, derogatory comments, unwelcome jokes, or degrading descriptions related to or because of a students gender or gender identity; • Disparaging remarks about a student or aggression toward a student because that student displays mannerisms or a style of dress inconsistent with stereotypical characteristics of the students sex; • Hostility toward a student because that student pursues and interest or participates in an academic or athletic activity more typically favored by a student of the opposite sex; • Disparaging remarks about a student because the student socializes with students of the opposite sex or is predominately friends with students of the opposite sex;

25. Behaviors that may constitute gender-based harassment (not inclusive) • Unwelcome references to the student as being a member of the opposite sex, such as referring to a female student as “He” or referring to a male student as a “girl”; • Ostracizing or refusing to participate in group activities with a student during class projects, physical education classes, or field trips because of that students sex, gender expression, or gender identity; • Intimidating a student to discourage that student from enrolling in a particular area of study or school activity because of his or her gender; • Taunting a student who is struggling with a subject of the curriculum by insisting that students of that gender are bad at that subject area; and • Teasing or gender based remarks about students because they are enrolled in a predominately single sex class.

26. What if I’m not sure? • It’s okay if you aren’t sure that what you are witnessing or what is being reported to you is bullying or sex-based harassment. • If the behavior is inappropriate address the behavior • You can privately ask the student if the behavior is acceptable to them. Some behavior may be inappropriate for school, but may not constitute sex-based harassment if it is welcome/ not unwanted. • Report it and allow someone else to do the investigating.

27. Let’s Get Real! Bullying, gender & Sexual based harassment from students’ perspective.

28. Recognize:Flirting or Hurting Activity

29. Let’s Get Real! Bullying, gender & Sexual based harassment from students’ perspective.

30. Negative Impact of Sexual and Gender Based harassment • HOSTILE ENVIRONMENT: The Office of Civil Rights (OCR) defined a hostile environment as including "unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature by an employee, by another student, or by a third party, that is sufficiently severe, persistent, or pervasive to limit a student's ability to participate in or benefit from an educational program or activity, or to create a hostile or abusive educational environment" (Department of Education, 1997, p. 12038).

31. The Department Of Education has listed the effects of student-on-student harassment in school as including lowered academic achievement and aspirations; increased anxiety; loss of self-esteem and confidence; depression and post-traumatic stress; general deterioration of physical health; self-harm and suicidal thinking; feelings of alienation in the school environment, such as fear of other children; and absenteeism from school. http://www2.ed.gov/about/offices/list/ocr/docs/dcl-factsheet-201010.pdf It creates an environment of inequality in which a given group is not provided the same opportunities as others.

32. Importance of Sensitivity to and Tolerance of the diversity of the student body. • The United States is one of the most diverse societies in the world. Students differ in age, race, sexual orientation, religion, and culture. Students are surround by diversity. It is important for students to be taught tolerance and for diversity with respect. This allows all students to learn and develop in a comfortable and safe educational environment.

33. Diversity enriches the educational experience. We learn from those whose experiences, beliefs, and perspectives are different from our own.     • Diversity challenges stereotyped preconceptions; it encourages critical thinking; and it helps students learn to communicate effectively with people of varied backgrounds.     • Education within a diverse setting prepares students to become good citizens in an increasingly complex society. • It fosters mutual respect and teamwork; and it helps build communities where people are judged by the quality of their character and their contributions.     • For the United States to remain competitive it will require us to make effective use of the talents and abilities of all our citizens. • http://www.fdu.edu/visitorcenter/diversity.html

34. ROOT CAUSES OF SEX-BASED and gender based HARASSMENT • 1) What do you think are some of the root causes of gender and sex-based harassment? • 2)What do you think is some of the harm that results from that?

35. RESPOND • When you see bullying/harassment happen step between the students. Remain calm and tell the student doing the bullying in clear terms what the problem is and that that behavior is not allowed. • Ex: “Calling someone names is against the rules. I won’t allow students to hurt each other.” • Follow through with school policies on the behavior • Praise bystanders/upstanders that stepped up • When appropriate conference with the students involved privately. Shaming a bully in front of classmates is not likely to change the behavior • Document/report the incident and actions taken

36. How to foster a non-discriminatory educational environment • Classroom: • Set classroom agreements and stick to them • Treat each other with empathy and respect • Talk about how we feel with the teacher and each other • Be fair to each other and to ourselves • Make an anonymous suggestion box • Do activities that help us learn more about others • Try to include everyone in class discussions and activities • Watch out for each other outside of class • Share what we learn about different societies and cultures • Say something nice to someone we don’t often talk to -Let’s Get Real 2010

37. How to foster a non-discriminatory educational environment Students • Talk about it • Become and Upstander (a person who takes appropriate action) • Report incidents of name-calling and bullying • Don’t bully others • Avoid stereotypes • Promote anti-bullying through how you act, how you talk, and with posters and other forms of expression. • If you are feeling down or angry or are experiencing bullying find a safe adult to talk to. • Make friends outside of your usual group. • -Let’s Get Real 2010

38. How to foster a non-discriminatory educational environment • Teacher/Coach • Be a good listener • Set clear classroom or locker room ground rules that promote respect. • Intervene when you witness a disrespectful act; be consistent. • Promote anti-bullying and celebrate diversity and other cultures in your classroom. • Connect with your students and keep a lookout for changes in typically behavior. • Be supportive and respectful of those who are different from you; colleagues, parents, and students. • Treat students in a fair and bias free manner and set clear and realistic expectations. -Let’s Get Real 2010

39. REPORT • Report using the District Discrimination, Harassment, or Bullying Complaint form within 24 hours. • This form is for use by staff, students, parents, and other invested parties. • The form is located on the District website under the “Safe and Inclusive Schools” button on the left side of the main screen. • Turn the form in to any staff member

40. Discussion/Summary • Personal Action Plan • Impressions? • Questions?

41. Resources/References • Let’s Get Real 2010 • http://education-law.lawyers.com/special-education/Hostile-Learning-Environment-in-Special-Education.html • http://www.apa.org/pi/ses/resources/publications/factsheet-education.aspx • http://wwwstatic.teh.k12.ca.us/gems/teh/DOJOCRapprovedrevisedDistric.pdf • http://www.nasponline.org/resources/principals/nassp_bullying.aspx • (Department of Education, 1997, p. 12038). • http://www.aclu.org/ • http://www2.ed.gov/about/offices/list/ocr/docs/dcl-factsheet-201010.pdf • http://www.fdu.edu/visitorcenter/diversity.html