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Student-to-Student Bullying, Harassment or Intimidation

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Presentation on theme: "Student-to-Student Bullying, Harassment or Intimidation"— Presentation transcript:

1 Student-to-Student Bullying, Harassment or Intimidation
Principals’ Training Administrative Procedure 6381

2 Welcome and Introductions
Presented by the Safe Schools Task Force Staff Training Sub-Committee

3 Today’s Objectives Provide information on bullying, harassment and intimidation (BHI) Laws related to BHI Review Administrative Procedure 6381 Implementation Responsibilities Increase awareness of youth at highest risk for BHI Discuss ways to create safe campuses for all students

4 Federal Policies and Enforcement
Title IX (harassment on basis of sex stereotyping) Applies when gender non-conforming students are harassed Constitutional Right to Privacy Cannot disclose student’s sexual orientation, even if they are “out” at school Equal Access Act Allows Gay Straight Alliance (GSA) clubs on campus Title IX is a federal law prohibiting sex and gender discrimination in most public schools.  Although Title IX does not explicitly prohibit discrimination on the basis of sexual orientation, gender identity or gender expression, it does prohibit harassment directed at an LGBT student that is sexual in nature. Title IX also prohibits gender-based harassment, which includes protections for gender non-conforming students who do not conform to sex stereotypes – i.e. stereotypical notions of masculinity and femininity. Constitutional Right to Privacy: It is against the law for a school to disclose a student’s sexual orientation or gender identity to their parents or anyone else without the student’s permission, absent a compelling reason. The constitutional right to privacy protects their right to control how personal information about them is released. Even if a student is open about their sexual orientation or gender identity at school, they still have the right to control who knows about their LGBT status. The Equal Access Act affirms right to form/exist for GSAs and applies to schools receiving federal funds: “a public high school that allows at least one noncurricular student club to meet on schools grounds during non-instructional time may not deny similar access to noncurricular student groups, regardless of their religious, political, philosophical or other subject matters that the group address.”

5 California Education Code and Laws
California Student Safety and Violence Prevention Act of 2000 (AB 537) Added sexual orientation and gender identity to nondiscrimination policies Seth’s Law (AB 9) School personnel must intervene in bullying The California Student Safety and Violence Prevention Act of 2000 changed Ed Code by adding actual or perceived sexual orientation and gender identity to existing nondiscrimination policy Per Seth’s Law, effective 7/1/12, CA school personnel are required to intervene whenever they see instances of bullying. The FAIR Education Act updates California's education guidelines to integrate age-appropriate, factual information about the role and contributions of people with disabilities and lesbian, gay, bisexual and transgender people into social studies and history lessons. These education guidelines already include the contributions of both men and women, people of color, diverse ethnic communities and other historically underrepresented groups. Signed into law on July 14, 2011, these updated guidelines went into effect on January 1, 2012

6 Protected Classes Sexual Orientation: An enduring pattern of emotional attraction to males, females or both; a person’s sense of identity based on those attractions. Gender Expression: Refers to the ways in which people externally communicate their gender identity to others through behavior, clothing, haircut, voice, and other forms of presentation. Gender Identity: A person’s self-identified sense of being male or female (or neither or both); may or may not correspond to biological sex. Orientation and Gender follow a continuum Orientation and Gender fall on a continuum. Individuals may identify at either end or somewhere in the middle.

7 Key Findings: 2011 National School Climate Survey
81.9% of Lesbian, Gay and Bisexual students were verbally harassed at school. 60.4% of students who were harassed or assaulted in school did not report the incident to school staff. 36.7% of the students who did report an incident said that school staff did nothing in response. 56.9% of students reported hearing homophobic remarks from their teachers or other school staff. 31.8% missed at least one entire day of school in the past month because they felt unsafe. Who is being targeted?

8 Out of all students grades 9-11, 11
Out of all students grades 9-11, 11.3% were harassed because they were perceived to be LGB Risk Comparison Graph This data was taken from the district Youth Risk Behavior survey from 2009; administered in grades 9-12 The comparison is between kids harassed because they were perceived to be LGB, (not kids who are LGB), and those who were not harassed Underscore the idea that kids are not at increased risk for depression/suicide because of orientation, but because of how they are treated. It is also important to note that not all the kids harassed are lesbian, gay or bisexual. More straight youth are targeted with anti-LGBT slurs than actual LGBT youth, because they are gender non-conforming. This issue affects everyone, including bystanders. This training will include info on this population because of the risk factors *SDUSD 2009 YRBS

9 Definition of Bullying
Unwanted aggressive behavior Severe and pervasive Involves an imbalance of power Repetitive (or potential to be repetitive) Verbal Teasing, name-calling, taunting, threatening Social Exclusion, spreading rumors, public embarrassment Physical Hitting, taking belongings, rude hand gestures, pushing

10 Risk Factors Targets of bullying Perpetrators of bullying
Perceived as different, weak, unable to defend themselves Depressed, anxious, low self-esteem Less popular with few friends Perpetrators of bullying Some have social power, like to dominate Others may be isolated from peers Aggressive, difficulty following rules, low parent involvement, have friends who bully

11 Administrative Procedure 6381
Procedure governing implementation of District policy A- 3550 Applies to: All bullying (including electronic and cyberbullying), harassment or intimidation…motivated by actual or perceived membership in a protected class Acts committed under jurisdiction of the district Acts occurring between students List protected classes: race, color, religion, national origin, age, sex, familial status, sexual orientation, gender identity or expression, disability, veteran status and genetic information Result of community concern for number of suicides reported in young people being harassed because of gender expression or sexual orientation

12 Prevention/Accountability
Rests with all staff, students, parents/guardians for grades PK-12 Principal will publicize how to file a report Notice provided to students and staff in student handbook, websites, annual assemblies and posted publicly Designation of “Safe Spaces” on campus District will include info on policies and procedures in Facts for Parents The Safe Space Kit was developed to create a safe learning environment for Lesbian, Gay, Bisexual and Transgender youth. The kits were sent out to school sites during the schools year and contained information and stickers for designating safe spaces on campus. Placing a Safe Space sticker on an office door or window is a simple but highly visible first step that shows an adult's unwavering support for a student's safety. There is also a poster that can be displayed throughout the school or on an office door to show support to LGBT students and let students know where their allies are should events of bullying occur Counseling offices and Gay Straight Alliance clubs are examples of safe spaces

13 Prevention/Training Requires annual training for all certificated and classified staff to include: District policy and procedure Reporting/investigative requirements Effective interventions Cultural sensitivity related to sexual orientation, gender identity and gender expression

14 Reporting Bullying, Harassment and Intimidation (BHI)
Seth’s Law: School personnel witnessing BHI between students must intervene. Students, parents/guardians, volunteers, visitors strongly encouraged to report Principal or designee receives complaints and collects witness and victim statements *The Principal is responsible for ensuring that AP 6381 is followed by all staff. A designee may be selected to act on behalf of the principal. All future references to principal will also apply to designee. Seth’s Law: intervene when safe to do so; make a verbal or written report to principal or designee; use witness declaration form for written report (show copy) Delineate other community members; explain “credible information”; report may be verbal or written to principal designee Remind principals that this is similar to sexual harassment policy

15 Reporting/School Police
Students Speaking Out Program (SSO) accepts anonymous complaints School Police review tips for criminality No criminality Forwarded to school designee for follow-up Designee sends disposition back to school police Criminality Investigation started; principal alerted Collaboration to determine immediate action to protect target of bullying Disposition sent back to SSO SSO hotline established to allow for anonymous reporting of bullying SSO Posters and cards were sent to schools in

16 Confidential Investigation of Report
All verbal/written reports of BHI investigated within 5 school days by principal Confers with target of bullying and person submitting report Use Victim Declaration Form for written reports Meet individually with accused students to obtain written response to complaint Use Witness Declaration Form Meet with witnesses All matters relating to the complaint must remain confidential in accordance with the law

17 BHI Incident School Investigation Report
Completed by principal Maintained at school site (confidential) Copy sent to RHR and Advocacy Dept. District tracking number issued Maintained in district-wide report Copy sent to Area Superintendent or Department Head Sites keep a log of BHI Incident School Investigation Report and resolution During this process, the target of bullying has a reasonable right to privacy

18 Follow-up to Reporting
Principal must follow confidentiality guidelines when sharing information with parents on the status of the complaint. If no action is taken by principal on a report of BHI within 5 days, a report may be filed with Area Superintendent or Department Head. If complainant disagrees with resolution: Appeal may be filed with Superintendent via Area Superintendent Response provided within 30 calendar days of receipt Race Human Relations and Advocacy Dept. will submit quarterly reports to the Board. If a parent made the complaint, a principal may call the parent to let them know that they are following up on the complaint. The principal cannot disclose confidential information about the perpetrator or what disciplinary action has or has not been taken. .

19 Maintaining Confidentiality/ Reasonable Right to Privacy
Interviews with targets, witnesses and the accused should be conducted individually and confidentiality. If the BHI is linked to sexual orientation, the principal cannot share that information with anyone, including parents. Constitutional right to privacy regarding sexual orientation Tell parents their child is the target of BHI and suggest they talk to the student to get more information. Emphasize that students have a right to confidentiality around sexual orientation. If a student is bullied because of perceived sexual orientation, or acknowledges being gay, lesbian or bisexual, this information cannot be shared with anyone, including parents, to protect the safety of the student. Even if a student is “out” at school, the info cannot be shared with others If a student has made the complaint, principal must protect student confidentiality, when indicated by law. A student’s right to confidentiality is spelled out in Ed Code It applies to students 12 yrs. or older and covers certain information shared with a school counselor

20 Family Rejection Data 30% of families rejected their child when they learned the child was lesbian, gay, bisexual or transgender. Gay and transgender teens who were highly rejected by their parents and caregivers were at very high risk for physical and mental health problems when they become young adults (ages 21-25). Highly rejected young people were: More than 8 times as likely to have attempted suicide Nearly 6 times as likely to report high levels of depression More than 3 times as likely to use illegal drugs More than 3 times as likely to be at high risk for HIV and sexually transmitted diseases

21 Interventions All discipline related to the violation of the BHI policy will be consistent district-wide: Principal notifies parents/guardian via phone PK-3, age appropriate actions taken as outlined in site discipline and safety plan Grades 4-12, refer to Uniform Discipline Plan Levels of discipline increase for 1st, 2nd and 3rd offense Trained staff will provide intervention services as part of disciplinary action (class, counseling group, etc.) Depending on severity of case, principal may schedule a conference with student and parent/guardian

22 Bullying Off Campus For totally off-campus speech, where the only link is that the target or person doing the bullying is from the school, principals may only get involved if there is a substantial and material threat of disruption to the school. The standard is usually met in cases requiring involvement of law enforcement. Two case studies will provide examples on different levels of intervention.

23 Case 1: Students from a school are at a party on the weekend and one student is harassed and bullied by other students. There is no interaction between the person targeted and the perpetrators when they return to school on Monday. The target is in a different grade and social group and there is no indication that the problem carried over to the campus. The parent of the student who was targeted calls the principal and asks that the principal punish the perpetrators. In this scenario, the bullying took place off campus and does not involve the school in any way. The principal can do the following; Ask the parent to contact him/her again if the bullying does occur on campus Check in with student to ensure it is not occurring on campus; refer the student to site counselor as needed Suggest that the parent contact the parents of the perpetrators to report what has happened (Principal should not release contact information of other parents) Notify school police (who will contact SDPD) if he/she becomes aware of cyber-bullying involving threats of violence to the student; or excessive intimidation or extortion

24 Case 2: James is upset by the comments his high school peers are making about his sexuality. It appears that a group of students are creating fake accounts and are sending love notes to male students as if they came from him. The students receiving the s are confronting James and calling him names like “sissy” and “faggot”. Other students in class are talking and laughing about it. A student in the class feels bad for James and reports the activity to the school counselor. The school counselor is required to make a report to the principal Principal meets individually with accused students and obtains their written response to the complaint. (never interview bully and victim together) Principal investigates by meeting with target and witness. Ask person bullied to fill out a Victim Declaration. Principal contacts parent of target to let them know that their son was being electronically bullied at school. Principal cannot reveal that the s deal with sexual orientation; rather, he/she can simply tell the parent that s are being sent in their son’s name resulting in bullying. The school counselor would take a written Witness Declaration from the student reporting the activity and turn it over to the principal (or designee). Principal may contact school police if there is a safety issue. Principal follows up with intervention and/or discipline. Principal completes the BHI Incident School Investigation Report (ISIR); maintains copy at site and sends copy to RHR. Sites keep log of BHI ISIR and resolution. This is an example of harassment of a protected class at the state and local level and a violation of Title IX because of sex-based stereotyping (use of term “sissy”).

25 Student Support Target of BHI cannot be penalized in any way
Parent/guardian of target will have priority for inter- district transfer if requested (Placement and Appeals Office) Staff members should watch for early signs of BHI: Exclusion, bias, stereotyping During instruction, guidance and supervision Support staff should meet with student to discuss needs and make referrals for services. Person being bullied cannot be required to change classes or schools or cease participation in activities For safety, if behavior is severe, student targeted may elect to change schools Counselors, nurses or school psychologist may meet with student and refer to group on or off campus; cost of off-campus services will be responsibility of parents Special Ed students may be covered under 504 or IEP

26 Implementation Responsibilities
Staff notifies principal of any suspected BHI Principal follows steps outlined in procedure Parents/guardians provided with BHI info in Facts for Parents; sign Universal Form Counseling director informed of expulsion hearings on BHI RHR and Advocacy receives copies of ISIR School police partner with SSO Hotline Superintendent enforces, monitors, evaluates BOE adopts policy, approves BHI programs Remind principals of basic steps: BHI policy included in site discipline and safety plan and distributed annually at beginning of year Policy 3550 posted in each district school and office ISIR: Incident school investigation Reports (attachment 3) SSO Students Speaking Out

27 BHI Impacts Everyone All students may feel unsafe if they see BHI go unchallenged. Students may be afraid to speak out, because they might be targeted by the bully. BHI can lead to other types of violence. Targets of bullying may bully others. Targets may carry weapons for protection. May see an increase in hate speech. Students think the BHI is okay when the adults on campus do not intervene. Students have identified problem areas where BHI occurs. These include bathrooms, locker rooms and the commute to and from school, which are all covered by this policy. Make sure these areas are well-supervised.

28 Creating Safe Campuses
Adults are responsible for creating visible safe learning environments for all students. Make sure that all staff receive training on the BHI procedure. Schedule additional trainings on culture and protected classes. Post “Safe Space” posters/signs on campus. Supervise areas where BHI is most likely to occur. Prevention messages need to come from all adults in the community. Inform staff of available resources to address these issues. Each middle and high school received a Safe Space Kit last year. Signs can be posted in classrooms or counseling offices. Race Human Relations staff are available for presentations dealing with a variety of topics. Counseling department has a resource library where you can check out books and DVDs that cover BHI.

29 Q & A

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