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Bullying / Harassment Training October 13, 2008
Presenter: Richard A. Spirito Meadowbrook School Principal / Affirmative Action Officer
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Today We Will Discuss: BULLYING and HARASSMENT CYBERBULLYING
Facts about Bullying and Harassment What constitutes Bullying and Harassment Laws that prohibit Bullying and Harassment What we can do to prevent Bullying and Harassment CYBERBULLYING Types How the Law applies to Cyberbullying.
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Facts About Bullying Approximately 160,000 children stay home from school every day because of bullies Every month 250,000 children report that other kids physically assault them Every 7 seconds someone is bullied 1/3 of students in 6th – 10th grade experience some form of bullying 32 million children are victims of bullying each year Boys are 3-4 times more likely to use physical aggression. Girls are more likely to use verbal aggression A bully is 5 times more likely to have a serious criminal record when he / she grows up.
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Types of Bullying? PHYSICAL VERBAL RELATIONSHIP BULLYING CYBERBULLYING
Hitting, kicking, pushing, …or even threatening to do so Stealing, hiding or ruining someone’s belongings Making someone do something they do not want to do VERBAL name calling, teasing, insulting RELATIONSHIP BULLYING Refusing to talk to someone Spreading lies or rumors about someone Influencing others not to talk to or hang out with someone CYBERBULLYING Cell Phones, IM, s, web pages, etc.
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rolling eyes, dirty looks, threats
Types of Bullying? DIRECT Face to Face Verbal Insults, putdowns, teasing, harassment Physical Pushes, shoves, hitting, assault Psychological rolling eyes, dirty looks, threats
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Types of Bullying? INDIRECT Exclusion Relationship Bullying Gossip
Behind someone’s back Exclusion Leaving out, shunning Relationship Bullying Telling people not to be friends with the victim Gossip Lowering people’s opinion about the victim
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24 / 7 CYBERBULLYING www.cyberbullying.us Blogs Text Messaging
Facebook 24 / 7 Cell phones AOL IM My Space Online Video Games Bullying Then and Now
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Statutes and Regulations
Legal Requirements Statutes and Regulations New Jersey Bullying Statute (N.J.S.A. 18A:37-13 through 19) Enacted on September 6, 2002 (Amended August 6, 2007) Definition: “Harassment, intimidation or bullying means any gesture, any written, verbal or physical act, or any electronic communication that is reasonably perceived as being motivated either by 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 handicap, or by any other distinguishing characteristic that takes place…” Location Important -school property -school sponsored functions -school bus / school bus stop -off school grounds? Cyberbullying- is there a “true threat” or “evidence” of substantial disruption? (i.e. PVHS) .
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Statutes and Regulations
Legal Requirements Statutes and Regulations New Jersey Administrative Code (N.J.A.C. 6A:16-7.9) District must adopt a harassment and bullying policy (Hillsdale School District Policy 5131) Minimum requirements of a definition, consequences, reporting procedures, investigation procedures and response Responsive actions must include: Support for victims Corrective action for documented systematic problems Districts “encouraged” to have programs and must provide: Annual staff training Involve: staff, students, volunteers, parents, law enforcement, community Code (N.J.A.C. 6A:16-7.9(d)) requires annual review and assessment.
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Why Do Students Bully? Some reasons students bully are:
To pretend they are tough To try to get others to like them To hide from their own fears They are also the victims of bullying They are unhappy or have low self-esteem.
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Effects on the Victim The victim experiences distress and humiliation
Bullying is a loss experience: Loss of safety Loss of self-esteem Loss of belonging Loss of control over own life Loss of days in school A students education is negatively affected as a result of bullying Could lead to serious consequences for the victim.
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How Can Schools Respond to the Problem?
Provide training to all members of the school district Make all staff aware of district bullying and harassment policy and procedures Incorporate programs to improve overall school climate: Coach Randy, Character Education Programs, Violence Awareness Week Activities, etc Take immediate action when a student does report bullying or harassment Work together to address the problem of bullying.
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What Can We Do For Our Students?
Listen to our students when they report incidents of bullying and harassment Develop classroom rules against bullying Empower students through programs such as peer counseling, mediation, or conflict resolution Brainstorm and role play different approaches so that the student will be prepared the next time the bully approaches him or her Develop projects / activities that encourage teamwork and reduce social isolations Create activities or assignments that teach problem solving or conflict resolution skills.
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“Bullying isn’t just the mean things you do, it’s the nice things you deliberately never do.” Jodee Blanco
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Part II: Harassment
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Part II: Sexual Harassment
What constitutes Sexual Harassment Sexual Harassment and the Law Types of Sexual Harassment Common Myths about Sexual Harassment Statistics and Fact Reporting Procedures.
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What is Sexual Harassment?
According to the New Jersey Division of Civil Rights, Sexual Harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
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Federal and State Law In New Jersey, Sexual Harassment is prohibited under: Federal Law Title VII of the Civil Rights Act of 1964 Title IX, Educational Amendments of 1972 State Law The New Jersey Law Against Discrimination (N.J.S.A. 10:5-1 through 49) protects employees from discrimination based on sex. Sexual harassment is a form of sexual discrimination and therefore illegal. Has been applied to student on student bullying.
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The Civil Rights Act of 1964 Title IX is enforced by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC regulations identify three categories of conduct that constitute sexual harassment under federal law. 1. Unwelcome sexual advances 2. Request for sexual favors 3. Other verbal and physical conduct of a sexual nature. (i.e. used as a basis of employment decisions)
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The Educational Amendments of 1972
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.”
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Sexual Harassment and The Hillsdale School District
Affirmative Action - Policy The Hillsdale Board of Education shall maintain a working environment that is free from Sexual Harassment. The administration/supervisory staff will inform all faculty and staff that sexual harassment is prohibited in the workplace or educational setting. Specifically no individual(s) in the supervisory position shall threaten to insinuate, either directly or indirectly, that an employee’s refusal to submit to sexual advances will adversely, affect the employee’s continued employment, evaluation, compensation, assignment or advancement. Furthermore, no administrator or supervisor shall promise or suggest, either directly or indirectly, that an employee’s submission to sexual advances will result in improvement in any term or condition of employment of an employee. Also, sexual harassing conduct in any area of the workplace committed by nonsupervisory personnel is also strictly prohibited.
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Types of Sexual Harassment
The EEOC and the Courts have recognized two primary types of sexual harassment: 1. “Quid Pro Quo” / Tangible Employment Action 2. Hostile Environment Harassment
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Types of Sexual Harassment
“Quid Pro Quo” / Tangible Employment Action When one person takes, fails to take, or threatens or offers to take an employment action in return for sexual favors from another person. The “Tangible Employment Action” might consist of almost any form of favorable or unfavorable treatment, such as performance evaluation, assignment, or selection for promotion.
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Examples of “Quid Pro Quo” Sexual Harassment
A suggestion by a supervisor or professor that sexual involvement with him/her would improve the employee’s chance for promotion or the student’s chance for a good grade. “The financial aid officer made it clear that I could get the money I needed if I slept with him.” A professor comments that meeting him / her after class would be important in the kind of grad school recommendation he / she wrote for you.
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Types of Sexual Harassment
Hostile Environment Hostile environment sexual harassment involves conduct of a sexual nature that creates a hostile, offensive, or intimidating work environment or unreasonably interferes with the victim’s job performance. It includes repeated and unwelcome sexual advances, requests for sexual favors, or other verbal, visual or physical conduct of a sexual nature.
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Factors That Determine Whether an Environment is “Hostile”
The EEOC will look at the following factors to determine whether an environment is hostile: Whether the conduct was verbal, physical or both How frequently it was repeated Whether the conduct was hostile or offensive Whether the alleged harasser was a co-worker or supervisor Whether others joined in perpetrating the harassment Whether the harassment was directed at more than one individual.
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Other Forms of Sexual Harassment
Repeated, unwanted sexual advances Requests for sexual favors Propositions Sexual gestures, leering, or displaying sexually suggestive objects or pictures Sexually oriented jokes, remarks or questions Patting, touching or other unwelcome bodily contact Inappropriate remarks about one’s own body, clothing, sexual orientation or behavior Pressure or unwelcome requests for social or sexual activity Verbal abuse of a sexual nature.
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Relationships where Sexual Harassment can Occur Include
Supervisor to Subordinate Peer to Peer Teacher to Student Student to Student Coach to Athlete Student to Teacher / Employee Administrator to Faculty member Contractor / Customer / Client to Student / Faculty / Staff.
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Common Myths About Sexual Harassment
Harassment involves only sexual conduct? Agreeing to a proposition to engage in sexual activity means one welcomes it, and so it can’t be harassment? Sexual Harassment requires bad intent by the perpetrator? You need to lose pay or your job for it to be considered sexual harassment? Sexual harassment is primarily a “women’s” problem, and has been blown out of proportion by women’s advocacy groups?
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Statistics / Facts about Sexual Harassment
One-third of students who have been harassed first experienced such unwelcome behavior before seventh grade. Eighty-five percent of girls and seventy-five percent of boys surveyed say they have experienced unwanted and unwelcome sexual behavior that interferes with their lives.
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Why Victims Don’t Report Sexual Harassment
They blame themselves They feel embarrassed, helpless, hopeless and/or powerless They don’t know how to report it They think they won’t be taken seriously They don’t want to rock the boat They don’t want to get the harasser in trouble They are prevented or blocked by the victim or sex role stereotyping.
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What Should You Do If You Are Sexually Harassed
Know your rights Don’t ignore it / Don’t blame yourself Inform the offender that the behavior is unacceptable Keep records / documentation Contact your building administrator and/or Affirmative Action Officer.
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NJ School Employees Found Guilty of Harassment
If you are found guilty of harassment you may face one or more of the consequences below Dismissal Loss of Salary Withholding of salary increment Certificate revocation
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Summary Bullying and Sexual harassment are wrong and prohibited not only by district policy, but by Federal and State law A commitment to fostering an atmosphere free of bullying and harassment are key elements of the Hillsdale Public School District Every faculty, staff and student have an opportunity or obligation to report bullying and sexual harassment Together we can create a fair and safe educational environment for all.
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Meadowbrook School Principal / Affirmative Action Officer
Contact Information Richard A. Spirito Meadowbrook School Principal / Affirmative Action Officer
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Resources New Jersey Coalition Against Sexual Assault Cyberbullying.us Sameer Hinduja and Justin W. Patchin, U.S. Equal Employment Opportunity Commission U.S. Equal Employment Opportunity Commission. January 15, ERIC (1997). What Should Parents and Teachers Know about Bullying? (Brochure). US Department of Education. Bullyproof. Sjostrom, L., & Stein, N. (1996). The Bully in Me Program Randy Nathan, Professional Certified Coach. October 2007
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Resources Cyberbullying and Schools Education Week Chat. October 10, Anti-Bullying Network The Anti-Bullying Network. March Bullying in Our children’s Schools Perkins, Daniel Ph.D., Associate Professor of Family Youth Resiliency and Policy. Penn State University
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Questions?
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“You must be the change you wish to see in the world.” Mahatma Ghandi
YouTube - The different forms of bullying
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