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2/18/2015
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© 2015 Christian Brothers Services, Romeoville, IL. All Rights Reserved.No part of this presentation may be reproduced, stored in a retrieval system, or
transmitted by any means without the written permission of Christian Brothers Services.
© 2015 Christian Brothers Services, Romeoville, IL. All Rights Reserved.No part of this presentation may be reproduced, stored in a retrieval system, or
transmitted by any means without the written permission of Christian Brothers Services.
Christian Brothers Services
2015 Spring Webinar Series
Christian Brothers Services
2015 Spring Webinar Series
February 19, 2015
Christian Brothers Risk Management Services
2015 SPRING WEBINAR SERIES
Bullying in Schools:How to Protect Your Institution
Opening PrayerOpening PrayerCreator God, through your worldand people that surround us, we
pray that we may grow more awarethis day of your life giving presence.Open our minds and hearts to apply
the knowledge from today’s webinar for the good of all.
We ask these things in Jesus’ Name.Amen
Creator God, through your worldand people that surround us, we
pray that we may grow more awarethis day of your life giving presence.Open our minds and hearts to apply
the knowledge from today’s webinar for the good of all.
We ask these things in Jesus’ Name.Amen
2/18/2015
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2015 SPRING WEBINAR SERIES
Bullying in Schools:How to Protect Your Institution
Michael AirdoKopon Airdo LLC
Michael AirdoKopon Airdo LLC
Bret FrancoKopon Airdo LLC
Bret FrancoKopon Airdo LLC
Agenda
Why is bullying an important issue?What is bullying?What is the law with respect to
bullying?How to respond to bullying?How to prevent bullying?Questions
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Prevalence
Nearly 1 in 3 schoolchildren experience some level of bullying between grades 6 through 10.
Throughout entire childhood: 83% of all girls and 79% of all boys are bullied.
Girls always more likely than boys to experience bullying.
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Out in the Open
6 out of 10 teenagers report that they see bullying at least once per day at school.
Teachers notice and intervene in only 1 out of 25 episodes.
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Not Just in the Schools
Currently, 35% of all children have experienced bullying online.
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Cyber Bullying
Cyber bullying is bullying that takes place using electronic technology.
Today, kids use Facebook, Twitter, Instagram, and other social media to bully others.
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Cyber Bullying
Harder to avoid (24/7/365)
Anonymous
Wide distribution
Difficult to trace and erase
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Group Specific
Bullying is almost always worse for those who identify or are perceived as part of LGBT community.
90% of children who identify as LGBT are harassed at school.
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The Effect
160,000 children every day miss school because of fear of bullying.
1 out of every 10 kids drops out because of bullying.
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The Bullied – Common Characteristics
Physically weaker than peers
“Body anxiety” Physically
ineffective in play, sports and fights
Lack physical coordination
Cautious Quiet, withdrawn
or passive Easily upset,
emotional
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Anxious Insecure Poor self-esteem Viewed as “easy targets” Difficulty asserting
themselves Don’t tease, not
aggressive Relate better to adults
than peers Poor to good academic
performance
Passive Targets
The Bullied – Common Characteristics(cont’d)
Hyperactive, restless Viewed as offensive and
rude “High-maintenance” Clumsy Immature Irritating habits Highly disliked by peers Disliked by some adults,
including teachers May bully weaker students
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Physically weaker than peers Typically boys “Body anxiety” Negative view of themselves Unhappy Anxious Insecure Hot-tempered Lack focus Attempt to fight or talk back
when bullied but ineffective
Proactive Targets
The Bullies – Common Characteristics
Enjoy dominating people Use other people for self gain Do not see other people’s side Concerned only with their own wants and pleasures Hurt others when adults are not watching View weaker students as prey Blame, accuse and criticize others to cover up for
their own faults Do not accept responsibilities for their actions Do not see long term consequences of their
behavior Crave attention
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The Risk
75% of all school shootings are linked to bullying experienced by the shooter.
Victims of bullying are twice as likely to bring weapons to school.
Cyber bullying suicide rates account for 4,400 deaths in teens and younger children per year.
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The Risk
Patterson v. Hudson Area School, 551 F.3d 438 (6th Cir. 2009).
$800,000
T.F. v. Anchorage School District (Super. Ct. 3d Judicial Dist. 2004).
$4,500,000
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What is Bullying?
Physical or verbal abuse, repeated over time, andinvolving a power imbalance.
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What is Bullying?
Unwanted, aggressive behavior among school-aged children that involves a real or perceived power imbalance and is repeated, or has the potential to be repeated over time.
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Bullying: Power Imbalance20
What is NOT Bullying?
Teasing
Two-way conflict between peers with equal power or social status
Not “drama”
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Types of Bullying
1. Verbal2. Social or
“relational” 3. Physical
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Types of Bullying
Verbal: Teasing
Name-calling
Inappropriate sexual comments
Taunting
Threatening to cause harm
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Types of Bullying
Social or “relational”: Excluding someone on
purpose
Telling other children to not be friends with someone
Spreading rumors about someone
Embarrassing someone in public
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Types of Bullying
Physical:HittingSpittingTripping and pushingTaking or breaking
someone’s thingsMaking mean or rude
hand gestures
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One More Type of Bullying
However your institution defines it!
Know your policy!
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The Law
State LawFederal LawYour Policy
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State Law Claims
Theories: Negligence
Discrimination
Willful and wanton conduct
Negligent infliction of emotional distress
State civil rights violations
State anti-bullying laws
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Federal Law Claims
Disability Claims
Section 1983
Title IX
Title VI
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Federal Law Claims
Davis v. Monroe County Board of Education The federal funding recipient was deliberately indifferent
to known acts of harassment; and
The harassment was so severe, pervasive, and objectively offensive that it could be said to deprive the plaintiff of access to educational benefits or opportunities provide by the school.
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Federal Law Claims
How to Avoid Deliberate indifference: Must respond in a manner that is not “clearly
unreasonable in light of the known circumstances.”
Take remedial action that is reasonably calculated to end the known harassment.
Courts should refrain from second-guessing the disciplinary decisions made by school administrators.
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Liability Theories
Schools can become liable when: Known offender is not
properly disciplined
Failing to address multiple offenders
Repeating prior forms of discipline that have proven to be ineffective
Taking position that bullying is normal behavior children experience
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Legal Defenses
Immunity
Discipline was appropriate
No notice of bullying
No causation
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Legal Takeaways
Investigate and address bullying
Discipline appropriately
If initial discipline (or lack thereof) is ineffective, try something else
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Discipline35
Responding to Bullying36
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Establish a Reporting System
Make it easy to report bullying
Need a designee with whom students feel comfortable
Confidential reporting
Make reporting procedures known to all students
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Investigation of Bullying Complaints
Investigate
Involve parents
Document
Take action
Notify appropriate staff
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Investigation of Bullying Complaints
Interviews of: Reporter
Victim
Alleged offender(s)
Witnesses
Document interviews
Private and confidential
Interview everyone separately
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Investigation of Bullying Complaints
Involve the parents
Contact them early in the process
Allow parents to attend interviews
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Investigation of Bullying Complaints
The investigation of a bullying report should be completed as soon as possible (e.g., no later than 10 school days after the date the written report is received).
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Investigation of Bullying Complaints42
The principal/designee will make a determination whether the reported conduct constitutes bullying, and whether discipline is appropriate.
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Discipline
Discipline according to your policies
Keep close watch on offending student
Communicate that you will do so
Also offer assistance to offending student
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Preventing Bullying
Assess the problem
Create awareness
Create policies and rules
Engage parents
Goal: establish a culture of acceptance
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Assessing the Problem
How frequent?
Who are the bullies?
Who are the victims?
How are teachers and staff intervening?
Do parents know about bullying?
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Creating Awareness
Teach students about bullying
Definitions
Recognizing bullying behavior
Discuss why bullying occurs
Discuss how it harms students
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Bullying Policies
Define bullying behaviors
Require mandatory training for employees
Explain discipline procedures and guidelines
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Engage Parents
PTA meetings
Parent-teacher conferences
Encourage students to share with parents
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Help for All
Cannot focus exclusively on victims
Remember why bullies bully
Bullies need help, too
Counseling, anger management, etc.
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Questionable Solutions
Zero tolerance policies
Conflict resolution and peer mediation
Group treatment or therapy
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Peer Mediation?51
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Hypothetical
Complaints of bullying by football teammates
Verbal taunting and physical contact in halls at school
Defaced locker with homophobic messages
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Hypothetical
Bullied child and his parents inform Dean of Students
“We don’t want discipline against offending students. We just want it to stop.”
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Hypothetical
Bullies are not disciplined
Bullying continues
Suicidal thoughts
Psychiatric hospitalization
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Hypothetical
Post hospitalization: Locker defaced again
Parents upset President not notified of earlier incidents
Victim leaves school permanently
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Hypothetical – What should the school have done?
Discipline appropriately
Cannot defer to parents requests for leniency
Need a better disciplinarian for the role
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Questions?
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For questions regarding Bullying in Schools
Contact:
Kopon Airdo, LLC
233 South Wacker Drive
Suite 4450
Chicago, IL 60606
Michael A. Airdo Bret D. Franco(312) 506-4480 (312) 506-4461
[email protected] [email protected]
For the link to the handouts from today’s webinar email:
To sign up for any of our spring webinars:
cbservices.org/educationalresources.php
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© 2015 Christian Brothers Services, Romeoville, IL. All Rights Reserved.No part of this presentation may be reproduced, stored in a retrieval system, or transmitted
by any means without the written permission of Christian Brothers Services.