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Harassment, Intimidation and Bullying. Neal Dickstein Kathryn Bruins Kimberly Fitzpatrick. Legal Definition of Bullying in New Jersey.
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Harassment, Intimidation and Bullying Neal Dickstein Kathryn Bruins Kimberly Fitzpatrick
Legal Definition of Bullying in New Jersey • Reasonably perceived as being motivated by either any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical or sensory disability, OR • By any other distinguishing characteristic; AND THAT
Legal Definition of Bullying in New Jersey • Takes place on school property, at any school-sponsored function, on a school bus, or off school grounds, as provided for in N.J.S.A. 18A:37-15.3, that substantially disrupts or interferes with the orderly operation of the school or the rights of other pupils; AND THAT • A reasonable person should know under the circumstances will have the effect of physically or emotionally harming a pupil or damaging the pupil’s property, or placing a pupil in reasonable fear of physical or emotional harm to his/her person or damage to his/her property; OR
Legal Definition of Bullying in New Jersey • Has the effect of insulting or demeaning any pupil or group of pupils; OR • Creates a hostile educational environment for the pupil by interfering with a pupil’s education or by severely or pervasively causing physical or emotional harm to the pupil.
HIB Off School Grounds The alleged harassment, intimidation, or bullying has substantially disrupted or interfered with the orderly operation of the school or the rights of other pupils; AND EITHER A reasonable person should know, under the circumstances, that the alleged behavior will have the effect of physically or emotionally harming a pupil or damaging the pupil’s property, or placing a pupil in reasonable fear of physical or emotional harm to his/her person or damage to his/her property; OR 3. The alleged behavior has the effect of insulting or demeaning any pupil or group of pupils; OR 4. The alleged behavior creates a hostile educational environment for the pupil by interfering with a pupil’seducation or by severely or pervasively causing physical or emotional harm to the pupil.
The Process What: Verbal Report When: Same Day as Witnessed or Receipt of Reliable InformationWhat: Written Report When: Within Two School Days from Verbal Report What: Parent Notification When: Same Day as Written Report What: Initiation of Investigation When: Within One School Day from Receipt of Written Report
The Process What: Completion of Investigation When: No Later than Ten Days from Receipt of Written Report What: Report to Superintendent When: Within Two School Days of Completion of Investigation What: Report to Board of Education When: No Later than the Date of the Next Board Meeting Following Investigation
The Process What: Parent Notification When: Within Five School Days After Board Report -------------------------------------------------------------- If an appeal is made by the parents, What: Board of Education Hearing When: Within Ten Days of the Request What: Board of Education Decision When: Following Board Meeting
Factors in Determining Consequences 1. Age, developmental and maturity levels of the parties involvedand their relationship to the school district; 2. Degrees of harm; 3. Surrounding circumstances; 4. Nature and severity of the behavior(s); 5. Incidences of past or continuing patterns of behavior; 6. Relationships between the parties involved; and 7. Context in which the alleged incidents occurred.
Examples of Consequences Admonishment; Temporary removal from the classroom; Deprivation of privileges; Classroom or administrative detention; Referral to disciplinarian; In-school suspension After-school programs; Out-of-school suspension (short-term or long-term); Reports to law enforcement or other legal action; Expulsion; and Bans from providing services, participating in school-district-sponsored programs, or being in school buildings or on school grounds.
Factors for Determining Remedial Measures - Personal 1. Life skill deficiencies; 2. Social relationships; 3. Strengths; 4. Talents; 5. Traits; 6. Interests; 7. Hobbies; 8. Extra-curricular activities; 9. Classroom participation; 10. Academic performance; and 11. Relationship to pupils and the school district.
Factors for Determining Remedial Measures - Environmental 1. School culture; 2. School climate; 3. Pupil-staff relationships and staff behavior toward the pupil; 4. General staff management of classrooms or other educational environments; 5. Staff ability to prevent and manage difficult or inflammatory situations; 6. Social-emotional and behavioral supports; 7. Social relationships; 8. Community activities; 9. Neighborhood situation; and 10. Family situation.
Examples of Remedial Measures Independent Study/Project Reflective Activity Individual Counseling Group Counseling Intervention and Referral Services Functional Behavioral Assessment Parent Conferences Student Conferences
Proactive Strategies • Positive Behavioral Support • Explicit teaching of behavioral expectations • Core team of teachers • Anti Bullying Lessons • Formal program and schedule 2012-2013 • Climate Surveys • School Safety Teams
Parental support for students who are the victim of bullying
Questions to ask yourself if you think your child is a victim of bullying: • Is he/she afraid to walk or ride the bus to/from school? • Is he/she apprehensive about going to school, complain of headaches or feeling ill prior to leaving for school in the morning? • Does he/she come home with damaged clothing or personal items? • Does he/she appear sad or depressed about going to school? • Does he/she come home with physical injuries such as bruises, cuts or scratches? • Does he/she appear socially isolated with few, if any, friends? • Does he/she appear to be sleeping more than usual or appear tired as if they have not gotten enough sleep?
Ways to support your child when he/she has been the victim of bullying: • Discuss the difference between normal conflict and bullying with your child. • Do not over-react or under-react when your child tells you he/she has been bullied. • Praise your child for telling you and let him/her know you will work with him/her to find a solution • Do not place blame for the incident on your child. Be ready to brainstorm and practice solutions. • Expect your child to have a difficult time dealing with being the target of bullying. • Continue to discuss the issue as well as how school is going with him/her. • Encourage your child to talk about the issue with a trusted adult at school. If he/she cannot do that, be willing to call his/her teacher to discuss the issue. • Encourage him/her to stay away from the alleged bully and let the school investigate and remedy the problem.
Supporting your child if he/she is a victim of bullying • Help your child understand bullying. • Keep open lines of communication with your child. • Encourage your child to pursue their interests.
Supporting your child if he/she is a victim of bullying • Teach your child to take a stand against bullying. • Talk to your child about seeking help from a trusted adult when feeling threatened by a bully. • Know what is going on in your child's school.
Tips to teach your child if he/she is being bullied • Write down what happened • Telling is not tattling • Be brave • Stay calm and don't act upset or angry • Ignore the people who bully • If ignoring them won't work, tell the people who are • bullying to stop
Tips to teach your child if he/she is being bullied • Join a club, a team, or a group • Don't fight back • Sit or walk near an adult or friend • Take a different path • Leave at different time • Don't bring expensive items to school
RECOGNIZING THE DIFFERENCE BETWEENNORMAL PEER CONFLICT AND BULLYING
Warning Signs Your Child Might Be Bullying • Becomes physically or verbally violent with others • Sent to the principal’s office or detention a lot • Has extra money or new belongings that cannot be explained • Is quick to blame others • Will not accept responsibility for their actions • Has friends who bully others • Needs to win or be best at everything www.stopbullying.gov
What should I do if my child is bullying others? • Talk with your child. • Make it clear to your child that you take bullying seriously. • Develop clear and consistent rules for your child's behavior. • Spend more time with your child. • Be aware of who your child's friends are. • Build on your child's talents and positive attributes. • Work with your child’s school to ensure the bullying does not happen again.
People Who Bully Others… • Have a higher risk of abusing alcohol and other drugs in adolescence and as adults. • Are more likely to get into fights, vandalize property, and drop out of school. • Are more likely to engage in early sexual activity. • Are more likely to have criminal convictions and traffic citations as adults. In one study, 60% of boys who bullied others in middle school had a criminal conviction by age 24. • Are more likely to be abusive toward their romantic partners, spouses or children as adults.
Teaching Empathy • Address your child’s own needs, and teach him how to “bounce back” from distress • Seize everyday opportunities to model—and induce—sympathetic feelings for other people • Help kids discover what they have in common with other people • Help kids develop a sense of morality that depends on internal self-control, not on rewards or punishments • Inspire good feelings (and boost oxytocin levels) through pleasant social interactions and physical affection
Civil Right Violations • Title VI of the Civil Rights Act of 1964 (Title VI), which prohibits discrimination on the basis of race, color, or national origin; • Title IX of the Education Amendments of 1972 (Title IX), which prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973 (Section 504); and Title II of the Americans with Disabilities Act of 1990 (Title II). Section 504 and Title II prohibit discrimination on the basis of disability.
Parental support for students who are the bystanders of bullying
Ways of Supporting Bystanders • Encourage them to tell adults • Make it safe to tell • Recognize courage, appreciate telling • Eliminate the concept of “tattling” from our teaching • Tell aggressive youth to stop (?) • Reach out in friendship • Teach to support in the moment and later. • School and parents encourage inclusion • Promote tolerance • Build friendship teams • Recognize those who reach out.
Empowering bystanders • • Train and support bystanders • Role play situations with your child for practice • Teach social problem solving skills • Stand up, don't stand back Kids can stand up for each other by telling a people who bully to stop teasing or hurting someone else. Walk up to the person being bullied, talk with them and then walk away together. • Refuse to join in and don't just sit back and watch. The bully wants an audience. You give bullies power when you watch. If you aren't part of the solution, you are part of the problem. • Be a friend. Kids who are being bullied can sure use a friend. Walk with a friend or two on the way to school or recess or lunch or wherever you think you might meet the bully. Offer to do the same for someone else who's having trouble with a bully. Look out for kids who are new to school, or those kids who always seem to be alone.
Did you know? Peers are present 85% of the time when bullying occurs. Bullying will stop within 10 seconds most of the time when someone else steps in to be a friend to the victim.
Anti Bullying Resources • District Anti Bullying Coordinator • Neal Dickstein, Assistant Superintendent • School Anti Bullying Specialists • Guidance Counselors
Resources • www.stopbullying.gov • www.how-to-stop-bullying.com/bullyingstatistics.html • http://xblock.isafe.org/ • www.cyberbullying.us/research.php • www.bullyingstatistics.org • www.olweus.org/public/bullied_child.page • www.njbullying.org/