1. CPS School Counselor Training August 1, 2012
Lee Ann Lowder
Deputy General Counsel
phone: fax:

2. What should you take away?
Violentization process
Domestic Violence
Violent Coaching
New Anti-Bullying Policy
Dating Violence
Protocol for Suicidal Ideation
Legal Liability
Reporting
Records

3. Violentization Process
Witnessing the abuse of a family member is the first of four stages in the socialization process that leads to the creation of a violent criminal –
brutalization
belligerency
violent performance
virulency
Athens, L., The Creation of Dangerous Violent Criminals
(Univ. Ill. Press 1992)

4. School Intervention You can decrease violence by
1. interrupting the “violentization” process of students.
2. teaching and reinforcing that violence is not the way to solve problems.

5. Prevalence: Domestic Violence
According to the 2005
Census Estimate, 33 million or 15% of all U.S. adults admit they were DV victims
One-third of female murder victims were killed by intimate partners

6. How does DV affect students?
Frequent absences and suspensions
Twice as likely to visit school nurse for social/emotional reasons, and
1.6 times as likely to be sent home
Seven times more likely to be referred to speech pathologist

7. DV Effects on Older Boys
In a 36-month study of children ages 11-17, who lived with DV, every son over the age of 14 had attempted to protect his mother from attack. Some 62 percent were injured in the process.

8. DV Effects on Kindergarten Boys
Kindergarten boys whose mothers reported depression and DV scored 7% to 10% lower on standardized tests in mathematics, reading, and general knowledge.
DV exposure is similar to the effect of lead intoxication and low birth weight.

9. Effects of DV on Women and Girls
Domestic violence is the leading cause of injury to American women between ages 15 and 44 – resulting in more injuries than car accidents, muggings, and rapes combined.

10. DV Effects on Daughters
In families where the mother is assaulted by the father, the risk that daughters will be sexually abused is 6.5 times greater than for girls in non-abusive families.

11. CPS DV Policy Providing Safety Plan handout to parent/victim
Documenting Orders of Protection
Obligation to assess risk of abuse/ neglect to students from DV

12. Offer Assistance to Parent/Victim
Parent should be referred to school psychologist, counselor, social worker, nurse or other trained staff.
Offer parent a private space to call DV Helpline,
1-877-TO-END-DV

13. Parent Support , cont’d
Offer parent/ victim DV Safety Plan handout in her/his primary language
Attachments to the policy include versions in: English
Spanish
Polish
Arabic
Bosnian
Korean
Mandarin
Russian

14. Chicago DV Safety Plan Mandarin

15. QUIZ
What is the leading cause of injury to American women ages 15 and 44?

16. Violentization Violent Coaching Reaction to Violent Performance
“It’s your responsibility to stand up to bullies. If you don’t fight them, I’ll hurt you worse when you get home.”
Reaction to Violent Performance
“That boy is crazy! He’ll surely end up in jail.”

17. Incarceration Rates
One in five African- American men in Cook County is in prison, in jail or on probation.
For every African-American enrolled in college in Illinois, 2 ½ are in prison or on parole.

18. What becomes of bullies?
What percent of boys who were bullies in middle school had at least one conviction by age 24?
How many had three or more convictions?

19. Bullying is a path to jail
60% have one conviction
40% have three or more convictions
Bullies are four times more likely than peers to have multiple convictions.

20. CPS students bullied in past 12 months (2011)
Total: 12.8%
Male: %
Female: 13.5%
African-American: 11.2%
Hispanic: %

21. Student Code of Conduct
New Anti-Bullying provisions: page 23
Protected classes (among others)
Physical or mental disability
Sexual orientation
Gender-related identity or expression
Race, Color
Religion
Sex

22. Definition of Bullying
Severe or pervasive
Physical or verbal
Written or electronic

23. Definition of Bullying, continued
Reasonably predicted to
Place student in reasonable fear of harm to self or property
Substantially harm a student’s physical or mental health
Substantially interfere with student’s schooling or ability to participate in school activities

24. Peer Conflict Disagreements and oppositional interactions
Situational, immediate and developmentally inappropriate

25. Addressing Peer Conflict before it becomes Bullying
Opportunities for staff
To guide students in
Developing skills in social competency
Learning appropriate personal boundaries
Peaceably resolving conflict
To model appropriate interactions

26. All Staff Obligations Security officers Lunchroom staff Bus drivers
School counselors
Teachers
Janitors
Intervene immediately to ensure everyone’s safety
Report the incident to principal ASAP
not > 24 hours
Cooperate in investigation & implementing safety plan

27. Responsibility to students bullied based on perceived sexual orientation
CPS prohibits discrimination based on sexual orientation, gender identity and expression by other students and by staff
Teacher’s Aide who told students gays were going to hell
AP who told gay student: “If you didn’t act like a faggot, you wouldn’t get hurt.”

28. Safety of LGBTQ Students
84% reported verbal harassment
18% reported frequently hearing homophobic remarks
Only 15% reported that school staff intervened when they overheard these remarks

29. Homophobic Teasing of Students
A 1999 Seattle study found 80% of students subjected to anti-gay bullying identified as heterosexual
Great majority of students bullied as gay aren’t LGBTQ

30. Nabozny v. Podlesny, 7th Cir. (1996)
Gay student
daily verbal harassment
mock rape
internal injuries from repeated kicking
>1 suicide attempt
Principal
“Boys will be boys.”
“Act gay, expect abuse.”

31. Principal & AP held individually liable
School officials violated Equal Protection by treating Nabozny differently than female students who were victims of dating violence

32. CPS Employee Discipline Code
5-9: Any cruel, immoral conduct or communication that causes psychological or physical harm to a student
Discipline: Discharge
4-2: Negligent supervision resulting in psychological or physical injury to student
Disciplinary Options: day suspension, Discharge

33. Dating Violence: another form of bullying
Pattern of actual or threatened acts of physical/sexual/emotional abuse
Perpetrated by adolescent against current or former dating partner
To gain power and control

34. Youth Behavior Risk Survey 2011
Students reporting they were intentionally hit, slapped, or physically hurt by boy/girlfriend in past 12 months
Chicago: 16.3%
U.S.
9.4%

35. Victims of Dating Violence
Increased risks
Substance Abuse
Eating Disorders
Risky Sexual Behavior
Pregnancy
Suicide

36. Students coerced into sexual intercourse
2011 CPS Total: 9.3%
Male: 7.5% Female: 10.9%
Percent by grade:
9th: th: 8.6
11th: th: 10.6

37. Risk of Pregnancy
55% of adolescent mothers reported DV in past 12 months
Highest among girls 11-15
51% reported birth control sabotage
53% of new, adolescent HIV cases are among females

38. Risk of Homicide and Suicide
Teens ages 15 to 19
Second leading cause of death is homicide
22% of female victims killed by intimate partners
Third leading cause of death is suicide

39. Morgan Park High School
In December 2010,
Jade Hannah, age 17,
her mother &
her sixth grade sister
were stabbed to death by
Jade’s 18-year-old boyfriend

40. Hirsch Metropolitan High School
December 2009
19-year-old Hirsch graduate stabbed his two-month-old son in the neck and repeatedly stabbed and killed his girlfriend, Tanisha Edwards, age 18.
School staff noticed Tanisha often came to school bruised and injured.

41. Does Dating Violence happen at school?
42% of boys and 43% of girls who reported dating violence said it happened at school or on school grounds.

42. Do students report violence to authority figures?
Severe abuse, to family, teacher, social worker or police
Girls: 6%
Boys: 11%
Dating Violence
30% told no one

43. CPS DV Policy, cont’d Perpetrator
Follow investigation and incident reporting requirements in SCC.
When appropriate, conduct a Functional Assessment and create a Behavior Intervention Plan.
If victim’s education is being disrupted, consider transferring the perpetrator per Enrollment and Transfer Policy.

44. CPS DV Policy, cont’d Victim If student is injured or in
imminent danger of
serious physical harm:
Discuss student concerns re parental notification
Notify parents

45. Concerns about Disclosure
Fear friends will tell abuser/side with abuser
Fear loss of respect of peers & adults/
shame of acknowledging they are different
LGBTQ students fear being “outed”
Fear of losing partner
Fear of parental notification

46. Policy, cont’d CPS DV Policy, cont’d Offer Support Services to Victim
Provide Domestic Violence Helpline number --
Encourage student to tell parents

47. Student Supportive Services: CPS Providers
Offer counseling to any student with a disability whose parent consents
Offer counseling to any non-disabled student without regard to parental consent

48. Are CPS providers limited to five 45 min
Are CPS providers limited to five 45 min. sessions without parents’ consent?
No, that provision of MHDDA doesn’t apply to schools, but to mental health facilities (those operated to treat people with mental illness).

49. QUIZ
Michael and Melissa having been dating off and on for more than a year. You witness Michael yanking Melissa by the hair and saying, “Shut up bitch” in the hallway.
What do you do?

50. CPS HS students attempting suicide in past 12 months (2011)
Total: 15.8%
15.3% males
16% females
16.5% African Americans
15.4% Hispanics
17.8% of 11th graders

51. In a class of 30 HS students
9 will be thinking about suicide
4 will attempt suicide in a school year
2 will require medical treatment
For every 3 students who attempt suicide,
2 get up and go to school the next day

52. CPS Suicide Data

53. Myths re Youth Suicide Talking re suicide will encourage suicide.
Students who talk about suicide are seeking attention
People who attempt suicide usually receive Tx
Most young people who die by suicide leave notes
Parents/caregivers know about their child’s suicidal behavior.
Once someone decides to commit suicide, little or nothing that can be done to prevent it.

54. Psychopathology
90% of youth who die by suicide experienced at least one mental disorder at the time of their death:
Mood Disorders;
Substance Related Disorders; and
Disruptive Behavior Disorders.
(Miller & Ekhart, 2009)

55. Major Depressive Disorder
Not all depressed youth are suicidal and not all suicidal youth are depressed.
However, approximately 42%- 66% of youth who die by suicide appear to have been experiencing some type of depressive disorder.
(Miller & Ekhart, 2009)

56. Substance Abuse Alcohol/drugs and suicide are often closely related.
Alcohol and other forms of substance abuse impair judgment.
Alcohol is a factor in at least ¼ of youth suicides.
(Miller & Ekhart, 2009)

57. Gender Variance

58. African-American Males
Group with most significant increases in suicidal completion
ages 15-19:
234% increase

59. LGBTQ LGBTQ Youth
Higher rates of suicidal ideation and attempt than heterosexual youth.
20-40% more likely to attempt suicide than heterosexual youth.
Data limitations make it difficult to draw conclusions about suicide completion.

60. Homeless & LGBTQ 11-35% of all homeless youth are LBGTQ
62% reported attempting suicide.
All homeless youth have elevated rates of mental illness, violence, sexual exploitation and substance abuse.

61. Victims of Violence
33% of sexually abused children show suicidal behavior at ages
Adult women who report physical or emotional abuse as children are more likely to attempt suicide.
Being a victim or witness of violence (shootings, stabbings, assault, etc.) associated with suicidal ideation and attempts.
Victims of violence in dating relationships have an increased rate of suicide attempts.

62. When?
For 1 in 3 youth who committed suicide, a crisis (break-up, argument) occurred the same day as the suicide.

63. When? Most often: Least often March-September Mondays December
Before & during holidays\
Weekends

64. Risk factors Access to lethal weapons Bullying
Presence of firearms at home
Sexual and Physical Abuse
Substance Abuse
Poor problem-solving and coping skills
Low self-esteem
Presence of psychopathology
Previous suicide attempts
Hopelessness
Family history of suicide or psychiatric illness
Social isolation
The consistent finding of substantial presence of comorbid forms of psychopathology strongly indicates that suicide does not occur in isolation but rather is the by-product of other mental health psychiatric disorders and/ or psychological problems (Mazza, 2006)
(Miller & Ekhart, 2009)

65. Warning Signs Rage, anger, seeking revenge
Acting recklessly/ engaging in risky activities
Feeling trapped, as if there’s no way out
Increasing alcohol or drug use
Withdrawing from friends, family, or society
Anxiety and/or agitation
Insomnia or sleeping excessively
Dramatic mood change
Hopelessness

66. Protective Factors School connectedness Good relationships with peers
Access to mental health services
Parent-family connectedness
Lack of access to lethal weapons
Likely to seek adult help
Cultural or religious beliefs
Problem-solving and coping skills

67. Suicidal Ideation Protocol
TAKE ALL THREATS SERIOUSLY.
DO NOT LEAVE THE STUDENT ALONE. Escort the student to the administrator’s office and/or counseling office. Place child under watch of an adult who will maintain CONSTANT supervision.
Step 1
Step 2
Suicidal Ideation Protocol

68. Suicidal Ideation: Step 3: ASSESSMENT Judge, lecture, get angry
DO NOT:
Judge, lecture, get angry
Ignore or minimize
Promise secrecy
Leave the suicidal person alone
Step 3: ASSESSMENT

69. Suicidal Ideation ASSESSMENT
Connect with the student by demonstrating empathy, care, support and trust.
Use effective listening skills.
Respect developmental, cultural, and sexuality issues while gathering information.
Be direct in questioning.

70. ASSESSMENT Identify Risk Factors & Warning Signs
Identify Protective Factors

71. ASSESSMENT
C. Suicide Inquiry
Ideation
Plan
Behaviors
Intent

72. Ideation How often do you think about suicide?
How long have these thoughts been going on?
Describe the suicidal thoughts from the last 48 hours. The past month? The worst ever?

73. Plan Do you know when and where you would do it?
Do you know how you would do it?
Do you have the means to do it?
Have you done any preparation?

74. Behaviors Have you ever attempted suicide?
Have you ever aborted an attempt?
Have you practiced or rehearsed?

75. Intent Assess extent to which they intend to carry out the plan.
Assess whether they believe the plan is lethal (vs. self-injurious).

76. Suicidal Ideation ASSESSMENT Risk Level Risk/Protective Factors
Suicidality
High
Psychiatric diagnoses with severe symptoms, or acute precipitating event; protective factors are not relevant
Potential lethal suicide attempt or persistent ideation with strong intent
Moderate
Multiple risk factors, few protective factors
Suicidal ideation with plan, but no intent or behavior
Low
Modifiable risk factors, strong protective factors
Thoughts of death, no plan, intent or behavior

77. Suicidal Ideation: ASSESSMENT YES NO
Based on your assessment is the student a danger to him/herself or others?
YES NO

78. Risk Assessment: No
Contact the parent/guardian to make them aware of the ideation.
Determine who will follow up with student and monitor his/her behavior throughout the school day.
Make appropriate referrals, if necessary.

79. Risk Assessment: Yes
Suicidal Ideation
Response Tree

80. Grant v. Board of Trustees of Valley View School Dist
Grant v. Board of Trustees of Valley View School Dist., IL Appellate Court (1997)
Students told School Counselor that HS senior made suicide threats and wrote suicide notes
School Counselor spoke with student, advised mother to take student to hospital for drug OD treatment
Did not advise mother of suicide threats
Student jumped off overpass to his death

81. Grant, cont’d Mother sued District and School Counselor for failing to
Call ambulance
Inform her of suicide threats
Implement a Suicide Prevention program

82. Public Employee Immunity
Public employees and entities aren’t liable for
Injuries caused by failure to make adequate mental examination to determine if person is danger to self or others
Injuries resulting from diagnosing or failing to diagnose mental illness or addiction

83. Public Employee Liability
School employees are liable if
Conduct is intentional or done with conscious disregard or indifference to student’s safety
They knew or should have known that their conduct posed a high probability of serious physical harm to the student

84. Grant Majority, cont’d Failure to call ambulance
School counselor’s conduct was not intentional or indifferent because she advised mother to take student to hospital

85. Grant Majority, cont’d
School Counselor’s failure to advise mother of suicide threats
Court found her conduct may have been negligent, but was not intentional or indifferent

86. Grant Dissent
Dissenting Judge thought the School Counselor acted with deliberate indifference to the threat and should be held liable.
She had “knowledge of an impending danger (suicide threats) but failed to exercise ordinary care to prevent it.”

87. Grant Court Directive
“The suicide death of a teenager is tragic. School counselors and other school personnel should take every suicide threat seriously and take every precaution to protect the child.”

88. Mental Health & Developmental Disabilities Confidentiality Act
§11. “Records and communications may be disclosed:
(ii) when, and to the extent, a therapist, in his or her sole discretion, determines that disclosure is necessary to * * * protect the recipient or other person against a clear, imminent risk of serious physical or mental injury or disease or death being inflicted upon the recipient or by the recipient on himself or another[.]”
The good faith of a therapist who discloses information “shall be presumed.”

89. MHDDCA
“‘Therapist’ means a psychiatrist, physician, psychologist, social worker, or nurse providing mental health or developmental disabilities services or any other person not prohibited by law from providing such services or from holding himself out as a therapist if the recipient reasonably believes that such person is permitted to do so.”

90. Confidentiality Illinois School Code
“No school student records or information contained therein” may be disclosed or released except to a school employee or official “with current demonstrable educational or administrative interest in the student, in furtherance of such interest.”

91. Disclosure of mental health records to Parent/Guardian
Students under 12:
√ parent/guardian
Students 12-17:
•If student is informed and does not object
• If counselor does not find compelling reason to deny access

92. Required Disclosures to Parents
Current physical and mental condition
Diagnosis
Treatment Needs
Services Provided
Services Needed, including medication, if any

93. Albers v. Green (IL App. 2004)
Seventh grader told School Social Worker he had been shoved and kicked and “would rather be dead than go to school.”
SSW promised mother she would not disclose the names of the bullies.
SSW gave the bullies’ names to the principal, who disciplined them.

94. Albers (cont’d) Parents removed student from school
Sued principal, SW, Dist. for violating MHDDCA

95. Albers (cont’d)
Court found SSW acted in good faith in disclosing the information because she thought the student was at risk of harm from shoving and kicking, and also because of his suicide threat.

96. Thanks for your attention!
Questions?