What Administrators Need to Know Brevard Public Schools Bully Policy 5517.01

1. What Administrators Need to KnowBrevard Public Schools Bully Policy 5517.01

2. Brevard’s Bully/Harassment, Teen Dating Violence, and Abuse Policy The Board is committed to a safe, secure, positive, productive, and nurturing educational environment that is free from bullying or harassment of any kind for all of its students, employees, volunteers, parents and/or school visitors.

3. Florida State Statute 1006.147 Information on the Jeffrey Johnston “Stand Up for all Students Act” Policy Requirements to uphold the law: Prohibit bullying or harassment by any student, school employee, volunteer, parent and/or school visitor Standard definition of bullying/harassment

4. Further requirements must include: A reporting system, including anonymous reporting Investigation procedures and time frames Interventions for both the victim and bully Data Collection / Reporting A method to provide instruction / training for all students, school employees, volunteers, parents, and/or school visitors

5. What is Normal Conflict? • Conflicts happen every now and then and are accidental or unplanned • Behaviors are not attention-seeking or about power and control

6. What is Bullying? • Harm occurs as the result of an intentional act, rather than the result of a mistake or negligence. • A power imbalance exists between the target and the bully. (real or imagined by the target) • The bully enjoys carrying out the action. • The bully repeats the behavior, often (if given a chance) in a systematic way. • The target is hurt physically or psychologically and has a sense of being persecuted or oppressed. -Source Olweus

7. Florida DOE Definition of Bullying Bullying means systematically and chronically inflicting physical hurt or psychological distress on one or more students or employees. It is further defined as unwanted and repeated written, verbal, or physical behavior, including any threatening, insulting,…

8. Definition of Bullying continued… …or dehumanizing gesture, by an adult or a student, that is severe or pervasive enough to create an intimidating, hostile, or offensive educational environment; to cause discomfort or humiliation; or unreasonably interfere with the individual’s school performance or participation.

9. It may involve, but is not limited to: (Unwanted) teasing Social exclusion Threat Intimidation Stalking Physical violence Theft Public humiliation Sexual, religious, or racial/ethnic harassment Damaging or destruction of property Placing a student in reasonable fear of harm to his/her person or property Cyber-bullying Cyber-stalking

10. Three Types of Bullying • Physical Bullying- Harm to another’s person or property • Emotional Bullying- Harm to another’s self-concept • Relational Bullying- Harm to another through damage (or threat of damage) to relationship or to feelings of acceptance, friendship, or group inclusion

11. Direct Bullying can be… • Physical violence such as hitting, kicking, shoving, spitting • Taunting, teasing, racial slurs • Sexual, religious, or verbal harassment • Threatening • Obscene gestures • Theft • Destruction of property • Stalking

12. Indirect Bullying can be……. • Getting another person to bully someone for them • Intimidation • Spreading rumors, public humiliation • Deliberately excluding someone from a group or activity • Relational aggression (gossip, lies, betrayal, isolation) • Cyber-bullying • Cyber-stalking

13. Characteristics of BullyingRIP Repeated (Note: A severe one time incident may still meet the definition of bullying.) Imbalance of Power Purposeful

14. The Bully/Target Cycle Phase One – Trolling (Bully looks for easy targets) • Students with low self-esteem • Students with low physical strength • Students easily intimidated • Students who don’t resist/fight back Bullies will test potential targets boundaries by invading the students’ personal space, test reactions to guide comments, threats, taunts Phase Two – Campaign (Bully escalates the behavior) • Student target hopes for relief and tries to fit in • Student target experiences guilt, self-blame, shame at not being able to • stop the behavior or stand up for himself or herself • Bully more frequently attacks and will often encourage others to • participate or tell all involved or witnesses to the bullying not to tattle Phase Three – Bully-Target Relationship (What started subtly is now happening every day in multiple places) • Student target experiences a growing sense of despair • Propensity for violence increase for both the Bully and the Target

15. What is Harassment? 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:

16. What is Harassment continued… Places a student or school employee in reasonable fear of harm to his or her person or damage to his or her property Has the effect of substantially interfering with a student’s educational performance, opportunities, or benefits Has the effect of substantially disrupting the orderly operation of a school

17. What is Cyber-bullying & Cyber-stalking? The use of electronic communication or technological devices to bully or harass

18. Cyber-bullying & Cyber-stalking“Use of electronic communication or technological devices to include…” Email messages Instant messaging Text messaging Cellular phone communication Internet blogs Social websites Internet chat rooms Internet postings Digital pictures / images Defamatory websites to engage in acts of bullying and harassment

19. New Addition Regarding Cyber-bullying: The physical location or time of access of a computer-related incident cannot be raised as a defense in any disciplinary action initiated under this section.

20. What does that mean? No matter where or when a computer is used by a student or staff, if it was used to bully/harass a student or school adult, if reported, disciplinary sanctions must be taken by a school administrator.

21. Definition of Teen Dating Violence and Abuse • A pattern of emotional, verbal, sexual, or physical abuse is used by one person in a current or past intimate relationship to exert power and control over another when one or both of the partners is a teenager. • Abuse may include insults, coercion, social sabotage, sexual harassment, threats and/or acts of physical or sexual abuse. • The abusive partner uses this pattern of violent and coercive behavior to gain power and maintain control over the dating partner.

22. Warning Signs • Withdrawn • Secretive/Isolated • Spending all time with partner • Unexplained injuries • Alcohol/Drug Abuse • Making excuses • Uncontrolled anger

23. Steps Educators Can Take to Prevent Teen Dating Violence and Abuse • Demand students treat each other with respect and civility • Prevent dehumanizing language • Know where to refer students in the school to discuss sensitive issues

24. REMEMBER! Your responsibilityisto uphold the Florida State Statute • Prohibit bullying or harassment by any student, school employee, volunteer, parent and/or school visitor. • Report bullying/harassment should it be happening to you or you witness it happening to someone else. • Report teen dating violence and abuse.

25. Expected Behaviors No tolerance for bullying/harassment Create a positive school climate, positive reinforcement for good conduct, self-discipline, good citizenship, and academic success Demonstrate appropriate behavior and treat others with civility and respect

26. Responsibilities of School Administrators Inform all staff, students, parents, and volunteers on the policy, how to report alleged violations (whether the report is oral, written, or anonymous) How reports will be acted upon Inform staff they are required to report alleged violations

27. How Employees, Volunteers, Parents and Visitors Report Verbal: In-person reporting (utilize Parent/Adult Report Form ) Written: BPS Parent/Adult Incident Report Form Anonymous: Speak Out Hotline (1.800.226.7733), Ethics Hotline (located on BPS Home webpage), school-based website, if applicable If an oral report is made, it should be documented on the appropriate form.

28. How Students Report Verbal: In-person reporting (utilize Student Incident Report Form) Written: BPS Student Incident Report Form - Elementary or Secondary/Adult Anonymous: Bully Box, Speak Out Hotline (1.800.226.7733), School-based website, if applicable If an oral report is made, it should be documented on the Student Incident Report Form.

29. About Anonymous Reporting… Formal disciplinary action may not be based solely on the basis of an anonymous report.

30. Incident Reporting and Immunity GOOD FAITH – Anyone making a report in good faith is immune from cause of action/damages. It will NOT affect employment, grades, learning/working environment or assignments. WRONGFUL & INTENTIONAL – Consequences and appropriate remedial action will apply.

31. Determination of Scope of Investigation Preliminary investigation determines if there is probable cause to believe bullying or harassment has occurred and falls within the scope of the District’s Student Code of Conduct. Within Scope Move to Procedures for Prompt Investigation of Bullying and/or Harassment Outside of Scope Non-criminal acts - inform parents/legal guardians of all involved students Criminal acts are referred to appropriate law enforcement agency (See Lines 101-115 of policy for more details.)

32. Within Scope and NON-RIP,you may conduct an Informal Investigation • Separately question parties involved and document (Steps 1 and 2 on Investigation Form). • If both parties agree to an informal solution, document and sign. Document on the Investigation Form. • Follow-up monitoring is critical and required and needs to be documented on the Investigation Form. • If no other incident occurs, the matter is closed. • If another incident occurs within 30 days, the matter moves to RIP and a Formal Investigation should begin.

33. Prompt Investigation The Principal or designee shall document all complaints in writing to ensure timeliness of response. If the Principal is the accused, then the Superintendent or designee shall address the complaint. The maximum of 15 school days shall be the limit for the initial filing of incidents and completion of the investigative procedural steps.

34. IMPORTANT!At no time will the alleged bully and target be interviewed together!If Bullying is alleged, do NOT use Peer Mediation to resolve!

35. Determination of policy violation is based on all facts and circumstances and includes: Remedial steps necessary to stop bullying/harassment behavior A final written report to the Area Superintendent and Office of Risk Management (keep all files/documents for 4 years) If determined that criminal charges may be pursued against the perpetrator(s), notify appropriate law enforcement agency by phone and/or in writing

36. Required Documents Student Incident Report Form – Parent/Adult Incident Report Form Bullying/Witness Statement Form Investigation Steps for Reported Incidents Form Outcome of bullying / harassment complaint (a copy of the letter you send to the Area Superintendent) Substantiated outcome letters Unsubstantiated outcome letters/documentation of notification

37. PARENT NOTIFICATION REQUIRED! • Parents are to be notified on the same day the investigation begins by telephone, personal conference, and/or in writing • Both targets and alleged bullies’ parents are notified of the complaint • Document the parent notification - Investigation Step 5 -Who contacted parents - Date contacted - Method of contact Highest level of confidentially must be upheld

38. Action to Protect Target • Parents/legal guardians will be notified of actions taken to protect student (frequency depends on seriousness of incident). • Notifications must be consistent with FERPA. • Absolute confidentiality cannot be guaranteed. • Identity of victim is protected to the most reasonable extent possible. • Create a Safety Plan. Retaliation is prohibited and investigated as a separate incident of bullying.

39. Intervention/AssistanceIf a formal discipline report or complaint is made, the principal MUST have a procedure to determine consideration of appropriate services for students and/or adults involved. Referral to Individual Problem Solving Team (IPST) Certified Behavior Analyst (CBA) Social Skills Training Counseling and support to address needs of target Counseling/intervention to address behaviors of perpetrator(s) Counseling/intervention which includes assistance and support to parent/legal guardians, if deemed necessary or appropriate

40. Actions taken for students who violate the policy… • Counseling • Stay Away Contract • Mentoring • Schedule/Seating Change • Social Skills Training • Referral to Certified Behavior Analyst (CBA) • Suspension • Expulsion • Reported to Law Enforcement

41. Actions taken for students who are targets … • Counseling • Safety Plan • Contract • Social Skills Training • Referral to Certified Behavioral Analyist (CBA) • Mentoring

42. Liability, Negligence, Duty of Care? • Liability is legal responsibility – • The obligation to do, or not to do something (All BPS employees • are liable for the safety of students.) • Negligence is a failure to act as a reasonable person • is expected to act in similar circumstances, when a duty • exists towards the person affected. • Duty of Care requires individuals to consider the • consequence of their acts and omissions and to ensure • those acts or omissions do not give rise to a foreseeable • risk of injury to another person.

43. How Not to be Negligent • Stop the bullying/harassment dating violence or abuse on the spot. • Notify parents. • Investigate all reports of bullying/ harassment/ teen dating violence or abuse immediately. • Complete all required forms.

44. What to do when: • Level I Response– • Students who approach a teacher or teacher observes problem he/she perceives as bullying/harassment: • Teacher should determine if this has happened before. Obtain dates, times, and circumstances. All multiple incidents of bullying must be referred to administration for investigation. (Level II response) • If this is the first report, not severe, and no prior incidents have occurred, teacher should intervene and correct the perpetrating student. The goal is to correct the situation. (i.e. speak to the perpetrator and try to resolve without major disciplinary impact) • Targets should be advised by the teacher what they are going to do, and the victim should be advised to report back if further issues arise. The teacher should follow up with the victim in a few days to see if issues have been resolved. Several days or weeks later, the teacher may once again follow up to make certain further incidents have not occurred. • If the student comes to report again, or if the teacher is made aware that the pattern of bullying is continuing, refer this to administration. (Level II response)

45. What to Do When continued… • Level II Response – • Student approaches staff/adult/parent regarding multiple situations or staff/adult/parent observes multiple events regarding bullying. The staff/adult/parent documents and/or reports to an administrator. • Formal investigation starts: • Target completes Student Incident Reporting Form 1. • Administrator questions perpetrator (without target present) and completes the Accused Statement Form 2. • Administrator questions any witnesses reported by the target and the perpetrator. All witnesses complete Witness Statement Form 3. • Administrator reviews all statements taken, interviews any staff members that may have an impact on the investigation and decides if bullying occurred or not. Administrator completes the Incident Investigation Form 4. • If bullying is found, attempt to rectify using Student Code of Conduct discipline along with Forms 5 & 6.

46. What to Do When continued… • Level III Response for Administrators • Serious matter if the investigation includes: • Sexual Harassment • Racial Harassment • Discrimination base of protected class (race, sex, disability, etc.) • Illegal or criminal activity • Pattern of taunting & harassment over time by the same perpetrator toward the same victim • Severe, persistent, or perverse behavior • Teen dating violence or abuse (law enforcement required) • Some or all of the above may need police intervention.

47. How Do Courts Determine if an Administrator is Negligent? Courts ask four questions: Did the educator have a legal duty to the injured person? (Always Yes) 2.Did the educator fail to fulfill this duty? 3.Was there an injury to the person to whom the educator had a duty? 4.Did the educator’s failure to fulfill the duty directly or promptly cause the injury? *Educator can include a teacher, school administrator, bus driver, childcare worker, or anyone that is employed by or volunteers for the school and has a role in supervising students.

48. How Is Liability Established under Federal Civil Rights Laws? The supervisor/school official received notice of a pattern of improper acts by a teacher or educator. The supervisor/school official demonstrated deliberate indifference to or tacit authorization of the offensive act. The supervisor/school official failed to take sufficient remedial action. Such failure proximately caused injury to the student.

49. Consequences for School Employees who Violate the Policy… Brevard Public School Employees Ethics Policy Referral to EAP Disciplinary letter in file Report to Professional Practice Commission Suspension and possible recommendation of termination

50. Consequences for Parents, Visitors/Volunteers who Violate this Policy… Determined by the School Administrator Trespassed If applicable, report to appropriate law enforcement agency