Bullying & Harassment Policy

1. Bullying & Harassment Policy

2. Policy Background: • Safe Schools Act- AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 63 OF TITLE 59 SO AS TO ENACT THE "SAFE SCHOOL CLIMATE ACT" TO PREVENT SCHOOL HARASSMENT, INTIMIDATION, OR BULLYING; TO INSTRUCT LOCAL SCHOOL DISTRICTS TO ADOPT A POLICY PROHIBITING HARASSMENT, INTIMIDATION, OR BULLYING THAT INCLUDES CERTAIN COMPONENTS; TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL DEVELOP MODEL POLICIES; TO PROVIDE THAT THE POLICY MUST BE INCORPORATED INTO THE TRAINING PROGRAMS; AND TO DEFINE CERTAIN TERMS

3. Safe School Climate Act SECTION    2.    Chapter 63, Title 59 of the 1976 Code is amended by adding: (1)    'Harassment, intimidation, or bullying' means a gesture, an electronic communication, or a written, verbal, physical, or sexual act that is reasonably perceived to have the effect of: (a)    harming a student physically or emotionally or damaging a student's property, or placing a student in reasonable fear of personal harm or property damage; or (b)    insulting or demeaning a student or group of students causing substantial disruption in, or substantial interference with, the orderly operation of the school. (2)    'School' means in a classroom, on school premises, on a school bus or other school-related vehicle, at an official school bus stop, at a school-sponsored activity or event whether or not it is held on school premises, or at another program or function where the school is responsible for the child. Section 59-63-130.    (A)    A person may not engage in: (1)    harassment, intimidation, or bullying; or (2)    reprisal, retaliation, or false accusation against a victim, witness, or one with reliable information about an act of harassment, intimidation, or bullying. (B)    A school employee, student, or volunteer who witnesses, or has reliable information that a student has been subject to harassment, intimidation, or bullying shall report the incident to the appropriate school official. Section 59-63-140.    (A)    Before January 1, 2007, each local school district shall adopt a policy prohibiting harassment, intimidation, or bullying at school. The school district shall involve parents and guardians, school employees, volunteers, students, administrators, and community representatives in the process of creating the policy. (B)    The policy must include, but not be limited to, the following components: (1)    a statement prohibiting harassment, intimidation, or bullying of a student; (2)    a definition of harassment, intimidation, or bullying no less inclusive than the definition in Section 59-63-120; (3)    a description of appropriate student behavior; (4)    consequences and appropriate remedial actions for persons committing acts of harassment, intimidation, or bullying, and for persons engaging in reprisal or retaliation; (5)    procedures for reporting acts of harassment, intimidation, or bullying, to include a provision for reporting anonymously. However, formal disciplinary action must not be taken solely on the basis of an anonymous report. The procedures must identify the appropriate school personnel responsible for taking the report and investigating the complaint; (6)    procedures for prompt investigation of reports of serious violations and complaints; (7)    a statement that prohibits reprisal or retaliation against a person who reports an act of harassment, intimidation, or bullying;

4. Continued (8)    consequences and appropriate remedial action for persons found to have falsely accused another; (9)    a process for discussing the district's harassment, intimidation, or bullying policy with students; and (10)    a statement of how the policy is to be publicized, including notice that the policy applies to participation in school-sponsored functions. (C)    To assist local school districts in developing policies for the prevention of harassment, intimidation, or bullying, the State Board of Education shall develop model policies applicable to grades kindergarten through twelve. Additionally, the State Board of Education shall develop teacher preparation program standards on the identification and prevention of bullying. The model policies and standards must be developed no later than September 1, 2006. (D)    The local school board shall ensure that the school district's policy developed pursuant to this article is included in the school district's publication of the comprehensive rules, procedures, and standards of conduct for schools and in the student's handbook. (E)    Information regarding a local school district policy against harassment, intimidation, or bullying must be incorporated into a school's employee training program. Training also should be provided to school volunteers who have significant contact with students. (F)    Schools and school districts are encouraged to establish bullying prevention programs and other initiatives involving school staff, students, administrators, volunteers, parents, law enforcement, and community members. Section 59-63-150.    (A)    This article must not be interpreted to prevent a victim from seeking redress pursuant to another available civil or criminal law. This section does not create or alter tort liability. (B)    A school employee or volunteer who promptly reports an incident of harassment, intimidation, or bullying to the appropriate school official designated by the local school district's policy, and who makes this report in compliance with the procedures in the district's policy, is immune from a cause of action for damages arising from failure to remedy the reported incident

5. Definition: • Bullying means systematically and chronically inflicting physical hurt or psychological distress on one or more students or employees. The behavior is severe or pervasive enough to create an intimidating, hostile, or offensive educational environment; cause discomfort or humiliation; or unreasonably interfere with the individual’s school performance or participation.

6. Definition: (SBP: 5.321) • Harassment: means any threatening, insulting or dehumanizing gesture, use of data or computer software, or written, verbal, or physical conduct directed against a student or school employee that: • Places a student or school employee in reasonable fear of harm to his/her person or damage to his/her property. • Has the effect of substantially interfering with a student’s educational performance, opportunities, or benefit; or • Has the effect of substantially disrupting the orderly operation of a school.

7. What is the difference between bullying and harassment? There really is no difference: harassment is a type of bullying. Many bullying behaviors have names that adults recognize as crimes: extortion, assault, slander, libel, etc…

8. Types of Bullying • Direct Bullying: • Physical violence (Hitting, kicking, shoving, spitting…) • Taunting, teasing, racial slurs, put-downs, name –calling, verbal harassment • Threatening, obscene gestures • Extortion or stealing money and/or possessions

9. Types of Bullying • Indirect Bullying • Getting another person to bully for you • Spreading rumors • Deliberately excluding someone from a group or activity • Cyber-bullying

10. Figure 4. Why Students Sexually Harassed Other Students

11. Disability Harassment • Definition: • Intimidation or abusive behavior toward a student based on disability • A disability includes but is not limited to: intellectual disability, physical disability, learning difficulty, health related disability, physical characteristics, mental or psychiatric disability. • Including but not limited to a student with an IEP or 504.

12. Bullying and Harassment also encompass • Retaliation against a student or school employee by another student or school employee for asserting or alleging an act of bullying or harassment. • Especially in cases with regard to actions involving a “protected activity”. • Protected Activity is: • Opposition to a practice believed to be unlawful discrimination • If an employee, parent or student makes a harassment complaint the governing body can not retaliate in response.

13. Gender Differences • Most studies find that boys bully more than girls • Boys report being bullied by boys; girls report being bullied by boys and girls. • Boys are more likely than girls to be physically bullied by their peers. • Girls are more likely to be bullied through rumor-spreading, sexual comments, social exclusion, embarrassment

14. Demographic Characteristics • Children who bully: • Can come from any economic, cultural, or religious background • Often in late elementary or middle school

15. Conditions Surrounding Bullying • Children are usually bullied by one child or a small group • Common locations: playground, classroom, lunch room, halls, bathrooms • Bullying is more common at school than on the way to/from school • Children who are bullied often stand out as different in some way due to their appearance (weight, size, clothes, disability), sexual orientation, intellect, socio-economic background, or cultural or religious background.

16. Children Who Bully: • Want power • Have a positive attitude toward violence • Have quick tempers • Have difficulty conforming to rules • Gain satisfaction from inflicting injury and perceive “rewards” (prestige, material goods) from their behavior • Have positive self images. • Lack empathy .

17. Signs That a Child is Being Bullied • Emotional Signs: • Withdrawal and/or shyness • Anxiety • Depression • Aggression

18. Signs That a Child is Being Bullied • Physical Signs: • Cuts, bruises, scratches • Headaches, stomach aches • Damaged possessions • “Missing” possessions that need to be replaced

19. Health Consequences of Bullying (Fekkes et al., 2003)

20. Signs That a Child is Being Bullied • Behavioral/Social Signs: • Changes in eating or sleeping habits (nightmares) • No longer wanting to participate in activities once enjoyed • Beginning to bully siblings or mistreat family pets • Hurting self, attempting or threatening suicide • Suddenly changing friends

21. Signs That a Child is Being Bullied • Academic Signs: • Not wanting to go to school • Changing method of going to school • Drop in grades • Increased absenteeism

22. Bully / Victims • Common Characteristics of Bully/ Victims: • Hyperactivity, have difficulty concentrating • Quick tempered, try to fight back if provoked • May be bullied by many children • Try to bully younger, weaker children

23. Bully / Victims • Display the social-emotional problems of victimized children AND behavioral problems of children who bully (Nansel et al., 2003) • Poor relationships with classmates • Lonely • Poorer academic achievement • Higher rates of smoking and alcohol use • More frequent fighting

24. Negative Impact of Witnessing Bullying: • More than 50% of teens (12 – 17) witness at least one bullying or taunting incident in school each week (NCPC, 20%) • Students in grades 7 – 12 say revenge is the strongest motivation for school shootings: 86% said, “other kids picking on them, making fun of them, or bullying them” can cause teenagers to turn to lethal violence in schools (Cerio, 2001)

25. Reporting of Bullying to School Staff • Many do not report being bullied • Older children and boys are less likely to report victimization • Why don’t students report? • 2/3 of the victims felt that teachers/administration responded poorly • 6% believed that the teachers/administration responded very well (Hover et al., 1992)

26. What works in bullying prevention? • What is required to reduce bullying in schools is nothing less than a change in the school climate and in norms for behavior. • This requires a comprehensive, school-wide effort involving the entire school community.

27. Bullying Prevention • Teachers, Counselors, Administrators • Ensure that students understand the definition of bullying behaviors and effects. • Work with students to create school rules against bullying • Post the rules in a visible place • Have students sign the rules or contract against bullying

28. Furthering Bullying Prevention • Help students develop positive social skills • Provide supervision for students at all times (unstructured environments) • Instruct students on how to report bullying or harassing behavior. • Take immediate action when bullying is witnessed or reported.

29. Reported Bullying • Bullying / Harassment may be reported by the following in person or anonymously: • The victim of bullying/ harassment behavior • Anyone who witnessed the bullying/harassment • Anyone who has credible information that an act of bullying/ harassment has taken place • Procedures for reporting an act of bullying/harassment are to be publicized and indicate that a report may be filed in person or anonymously and how the report will be followed up on.

30. Methods for Investigation • Report the incident to administration • Have separate conversations with the child who is bullied and the child who did the bullying. • Speak first with the child who is bullied • Interview witnesses as necessary from both sides.

31. Methods for Investigation • Speak with the parents of the students directly involved. Parents of both students involved must be contacted within 24 hours of the school initiating the investigation. • Impose consequences for the bullying child • In accordance with the Student Code of Conduct • Law enforcement is to be notified as necessary. • Inform the parents/guardians of both parties the result of the investigation and action taken including efforts to prevent recurrence.

32. Methods for Investigation • Refer incident and both students to the Integrated Services Team for further follow-up (school based counseling referral, etc….) • Maintain all documentation for reporting. All communications with parent/guardians must be applicable to FERPA provisions. (See Policy 5.321 section VI-VII) • A disciplinary Referral coded as Bullying requires an incident report to be generated for reporting to the state.

33. Further implications • All reports of bullying and harassment are to be investigated as outlined by: • School Board Policy 5.321 (Bullying and Harassment Policy • School Board Policy 2.70 (Prohibiting Discrimination, Including Sexual and Other Forms of Harassment) • Student Code of Conduct

34. Figure 14. Student Suggestions for Reducing Sexual Harassment at School, by Gender

35. Video • https://www.youtube.com/watch?v=ha6QP-qvVZw • https://www.youtube.com/watch?v=AAhlGeHTtaQ&feature=player_embedded

36. Resources • www.stopbullying.gov • http://www.bullypolice.org/sc_law.html • http://charactercounts.org/resources/youthviolence/ • http://www.nais.org/Articles/Pages/Bullying-Resources.aspx

37. Questions & Comments

38. References: • South Carolina Anti Bullying Law • “Bullying: What’s New and What To Do”. National Crime Prevention Council 2006. <http://www.ncpc.org>. • Whiteman, Donna. “Addressing Bullying in Schools”. Kansas Anti-Bullying & Character Development Legislation, 2008. • “Bullying Among Children & Youth”. Health Resources and Services Administration. 2005. <http://www.hrsa.gov • Santa Rosa County School District • AAUW: Empowering Women Since 1881