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Conference, BULLYING: Redefining Boundaries, Responsibility, and Harm, Beasley School of Law, Temple University Panel, Primary and Secondary Education: Meeting the Challenge in K-12 John Culhane, Professor of Law and Director, Health Law Institute Widener University School of Law.
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Conference, BULLYING: Redefining Boundaries, Responsibility, and Harm, Beasley School of Law, Temple University Panel, Primary and Secondary Education: Meeting the Challenge in K-12 John Culhane, Professor of Law and Director, Health Law Institute Widener University School of Law A Public Health Approach to School Bullying: Prevention, Populations, and One Definition of Success
Appeal of Civil Litigation Limited use of criminal law Compensation to victims/ Corrective justice through tort Deterrence (specific and general) Implementation of forward-looking programs (education)
Limits of Litigation General: Lack of resources After the fact Non-compensatory effects incidental Specific to bullying: Location- and actor-specific Solutions based, first, on preventing further litigation
A Public Health Perspective Definition of PH: Agile and multi-layered • “[T]he practice of preventing disease and promoting good health within groups of people, from small communities to entire countries.”
Defining a Population-Based Approach (I) Considers all affected populations: Bully (aggressor) Bullied (victim or “target”) School staff (everyone) Learning environment (all students) Larger community
Defining a Population-Based Approach (II) Based on the best available evidence: Uses quantitative and qualitative data Considers effects of types of bullying, populations most at risk, complex effects, effectiveness of interventions
Evaluating Statutory Responses • How does the law define bullying and the goals to be achieved? • Does the law list protected categories? • Does the law require local implementation? • Does the law consider all populations within the school? • Are prevention and training included? • Does the school (or district, or state) have LGBT-inclusive curricula?
Defining a Population-Based Approach (III) Measure Success by Accepted Public Health Standards: Reduction of Incidence and Prevalence of Bullying Incidents Less Serious (Fewer Injuries but focus on reducing long-term effects)
