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Bullying Prevention. Meeting the Requirements of the Dignity Act SAANYS Saratoga Springs, NY Presented by: Dr. Susan Lipkins Dr. Karen Siris April 2, 2012 bullyinterventionexperts@gmail.com. DEAR COLLEAGUE LETTER….
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Bullying Prevention Meeting the Requirements of the Dignity Act SAANYS Saratoga Springs, NY Presented by: Dr. Susan Lipkins Dr. Karen Siris April 2, 2012 bullyinterventionexperts@gmail.com
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.
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.
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)
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
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/
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)
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
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.
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.
The New York Law Dignity Act 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
THE DIGNITY ACT INSURES THAT SCHOOLS: • promote civility and a safe, nurturing environment • prevent harassment, discrimination, or bullying by students or employees • provide a response to students who are harassed and bullied at school.
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 Dignity Act prohibits harassment with respect to certain non-exclusive protected classes including, but not limited to:
The New York Law Dignity Act Requires districts and schools to prevent, monitor, and address bullying through: (July, 2012) • Sensitivity and tolerance curricula for students
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
The New York Law Dignity Act 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
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:
The New York Law Dignity Act REQUIRES: An age-appropriate version of the policy written in plain-language to be included in the code of conduct NOTE: Codes of Conduct are to be posted on the school web site
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.
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, and perceived 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
The New York Law Dignity Act 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
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.
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
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.
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.
TYPES OF BULLYING BEHAVIORS • PHYSICAL • Hitting, punching, tripping • Kicking, pushing, scratching • Damaging/stealing property • VERBAL • Name calling, teasing, taunting • Making offensive remark • Making discriminatory remarks • Verbally threatening, intimidating • SOCIAL/EMOTIONAL/ RELATIONAL • Excluding or threatening to exclude • Spreading rumors, gossiping • Ostracizing, alienating • Using threatening looks or gestures • Extortion • CYBERBULLYING • Use of the internet or cell phone to harass and intimidate
Cyberbullying is: Harasssment via digital devices: • email • instant messaging • social networks (face book) • chat room exchanges • website posts • cell phones
Cyberbullying vs. face to face bullying • Anonymity • Accessibility • Bystander • Punitive Fears • Victims of cyberbullying often do not report in fear that their computer or phone privileges will be taken away.
Gender Differences Males • tend to use physical aggression such as hitting, pushing, slapping, and elbowing another child Females • tend to use the tactics of social alienation and intimidation, such as exclusion from play, manipulation of friendships, gossiping maliciously, or writing malicious notes • Males and females both use extortion
Familial Aspects • Mirroring - how we learn • Child is observing mom, dad or sibs as the bully and identifying with them • Child is victim of bullying at home and perpetrator of bullying in school • Child is being bullied at home by siblings or parents and is a victim
Psychological Aspects • Human nature? • Conditioning • Genetics • Alleles - The short allele of the MAOA gene induces fear of social rejection, ... those with this allele show greatest conformity to group norms to avoid rejection. • (http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2853930/)
School Aspects • Bullying incidents are too often unnoticed or ignored • No clear rules and consequences • Culture of “tattling” rather than “telling” or “ratting” rather than “reporting” • Little principal involvement with students • Poor cohesiveness and communication among staff members and between the staff and the principal • Lack of respect among all constituents
School Risk Factors • Lack Of Clear Expectations, Both Academic And Behavioral • Lack Of Commitment Or Sense Of Belonging At School • Academic Failure • Parents And Community Members Not Actively Involved
School Protective Factors • Communicates High Academic And Behavioral Expectations • Encourages Goal-Setting, Academic Achievement And Positive Social Development • Positive Attitudes Toward School • Fosters Active Involvement Of Students, Parents And Community Members
The Players THE BULLY THE TARGET/VICTIM THE BYSTANDER
Spotting “the bully” • Bully may possess a superior trait Attractive Athletic Sociable • Bully leads by intimidation Others follow to avoid becoming the next • Bully gains power by the amount of followers MORE FOLLOWERS = MORE POWER
Characteristics of Bullies • Bullying is classified as a “conduct disorder” by the American Psychiatric Association • Bullies have average levels of self esteem • Bullies enjoy being in control and like to subdue others • Bullies see slights and hostilities when none are meant
Characteristics of Bullies • Lack Empathy • Display Verbally Aggressive Behavior • Display Physically Aggressive Behavior • Intimidate Classmates • Seek Power in Relationships • Provoke Fights
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.
The Bully/Victim Cycle • Identification with the Aggressor • Victims who have been repeatedly bullied often have an increase in aggression • When they are put in a position of control or power they identify with the bully and do onto others what has been done to them • Thus the victim becomes the bully
Passive Victims Social Anxiety Disorder Lack Social Skills (socially awkward) Pleasers Compliant Fear of Confrontation
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
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
Effects on the Victim • Depression: rat experiment • 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
The Bystanders DEFINTION: —those who watch bullying happen or hear about it.
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
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.
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.
WHAT SCHOOLS CAN DO • Schools need to implement bullying prevention and intervention strategies that fit their school culture • Establish a district policy to prevents and intervenes in all forms of bullying, cyberbullying and harassment