christopher l. brigham, principal updike, kelly & spellacy, p.c. one century tower

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Christopher L. Brigham, Principal Updike, Kelly & Spellacy, P.C. One Century Tower 265 Church Street New Haven, CT 06510 (203) 786-8310 [email protected] www.uks.com

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Christopher L. Brigham, Principal Updike, Kelly & Spellacy, P.C. One Century Tower 265 Church Street New Haven, CT 06510 (203) 786-8310 [email protected] www.uks.com. Bullying: Fact or Fiction. http://abcnews.go.com/2020/TheLaw/school-bullying-epidemic-turning-deadly/story?id=11880841 - PowerPoint PPT Presentation

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Page 1: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

Christopher L. Brigham, Principal Updike, Kelly & Spellacy, P.C.

One Century Tower

265 Church Street

New Haven, CT 06510

(203) 786-8310

[email protected]

www.uks.com

Page 2: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

Bullying: Fact or Fiction

• http://abcnews.go.com/2020/TheLaw/school-bullying-epidemic-turning-deadly/story?id=11880841

• Groton School: http://abcnews.go.com/GMA/video/accused-bully-commits-suicide-12074325?&clipId=12074325&cid=embedded– Hunter, a 16 year old accused bully, was accused of

posting lewd pictures of a classmate on the internet – He committed suicide 3 days after his father showed him

an e-mail from the Headmaster outlining an agreement they had reached

– Agreement was that Hunter withdraw from school rather than plead his case in a disciplinary hearing, which would go on his permanent record

Page 3: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

The Issue: Bullying in Schools

• Bullying is national problem, which Connecticut is not immune from

• Connecticut’s Anti-Bullying legislation is not as stringent as those of neighboring states– Connecticut received a B- grade from the Bully Police– New Jersey, Massachusetts received A++

• Currently Connecticut’s Anti-Bullying law does not apply to private schools

• Connecticut private schools should make sure that their policies are current to ensure school safety

• Addressing the problem v. over-sensitivity

See Bully Police USA

Page 4: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

What is bullying?

• “Bullying” means any overt acts by a student or a group of students directed against another student with the intent to ridicule, harass, humiliate or intimidate the other student while on school grounds, at a school-sponsored activity or on a school bus, which acts are committed more than once against any student during the school year.

C.G.S.A. § 10-222d

Page 5: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

Definition of Cyberbullying

Cyberbullying is a form of bullying that involves one student or a group of students inflicting repeated harassment, threats, humiliation, or harm on another student (i.e., bullying him or her) through the use of a computer, cell phone, or other electronic device.

Not yet defined by Connecticut law.

Lohman, J. & Orlando, J. OLR Research Report (Nov. 10, 2010).

Page 6: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

The Case of Ally Pfeiffer

• Last month, two former high school classmates of University of Hartford freshman, Ally Pfeiffer created a fake Facebook page.

• The phony page had Ally’s name, birth date, the schools she attended, but it was not her page.

• The profile picture was of a cow and the information posted mocked her weight and said she could not read.

• Two of Ally’s former high school classmates were arrested and charged with criminal impersonation, harassment and conspiracy.

• Case against the defendants is still pending.

Page 7: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

Statistics

• In general, between 15 - 25% of students are bullied with some frequency, while 15 - 20% report they bully others with some frequency.

• 29% of 6th through 12th grade private school students (in 2007) reported being bullied.

• 1 in 5 young people are victims of cyberbullying through social media and text messaging.

• In Connecticut, 1 in 4 high school students admit to being bullied each year.

See U.S. Department of Justice and Department of Education; Josephson Institute of Ethics; Letter from State Representative Catherine Abercrombie; Mary Jo Nolin, Student Victimization at School: Statistics in Brief.

Page 8: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

Consequences

• Affects the bullied child’s future, resulting in truancy, increased drug and alcohol use, and delinquency.

• Bullycide: Can result in suicides among children– Victims of bullying are 5.6 times more at risk of

attempting or thinking about suicide.– Dozens of teenagers and children as young as 9

years old committed suicide this year as a result of bullying.

– Suicide is so rare among children that young the CDC does not even consistently track the numbers.

• Schools that address bullying effectively can create a more than 50% reduction in aggressive behaviors by their students.

See The Governor’s Prevention Partnership, Bullying Task Force, Brave Enough to be Kind.

Page 9: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

Current Legislation

• 45 states have anti-bullying laws in place of varying strengths.– Most recently, New Jersey Governor Christie signed an anti-

bullying bill that is considered the toughest in the nation. (Schools will be required to have anti-bullying specialists and report incidents to the state).

• Several states have recently enacted laws to address cyberbullying, ether by enacting new bullying laws that include cyberbullying or by expanding existing laws to cover it.

OLR Research Report, Nov. 10, 2010

Page 10: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

Connecticut

• Connecticut continues to update its law, which requires (public) schools to offer anti-bullying instruction and control abusive behavior.– Private schools are not required to have anti-bullying

policies by law. • Allows schools to address bullying outside of the school

setting if it has a direct and negative impact on a student’s academic performance or safety in school.

Stay Tuned:• State Representatives introduced Proposed Senate Bill

No. 66, “An Act Concerning Cyberbullying Among Students,” earlier this month. – The bill purports “[t]o strengthen Connecticut’s anti-

bullying laws by prohibiting cyberbullying amongst students.”

– It’s been referred to the Committee on Education

C.G.S.A. § 10-222d

Page 11: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

C.G.S.A. §10-222d

• Requires each board of education to develop and implement a policy to address bullying in its schools that includes provisions on reporting, investigation, notification, and intervention.

• Such policy shall: 1. Enable anonymous reports of bullying by students to

administrators and teachers and require students to be notified annually of the process by which they may make such reports;

2. Enable parents and guardians of students to file written reports of suspected bullying;

3. Require teachers and other school staff who witness acts of bullying or receive student reports of bullying to notify school administrators;

4. Require school administrators to investigate parents and guardians’ written reports and review students’ anonymous reports;

Page 12: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

C.G.S.A. §10-222d, cont. 5. Include a “prevention and intervention strategy” for school staff to

deal with bullying, which may include the following: 1. Implementation of a positive behavioral interventions and supports

process or another evidenced-based model approach for safe school climate or for the prevention of bullying identified by the Connecticut State Department of Education (CSDE);

2. A school survey to determine the prevalence of bullying;3. Establishment of a bullying prevention coordinating committee with broad

representation to review the survey results and implement the strategy (a school climate committee satisfies this requirement);

4. School rules prohibiting bullying, harassment, intimidation and establishing appropriate consequences for those who engage in such acts;

5. Adequate adult supervision of outdoor areas, hallways, the lunchroom and other specific areas where bullying is likely to occur;

6. Inclusion of grade-appropriate bullying prevention curricula in kindergarten through high school;

7. Individual interventions with the bully, parents or guardians, and school staff, and interventions with the bullied child, parents or guardians, and school staff;

8. Schoolwide training related to safe school climate;9. Promotion of parent/guardian involvement in bullying prevention through

individual or team participation in meetings, trainings and individual interventions.

See also C.G.S.A. § 10-222g

Page 13: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

C.G.S.A. §10-222d, cont.

6.Provide for the inclusion of language in student codes of conduct concerning bullying;• Note: Every school and school district

office must have a copy of this policy readily available. This policy should be a part of the student handbook, or other policy and procedures manuals.

• Note: Cyberbullying should also be referenced in the Computer Use policy

Page 14: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

C.G.S.A. §10-222d, cont.

7. Require each school to notify the parents or guardians of students who commit any verified acts of bullying and the parents or guardians of students against whom such acts were directed, and invite them to attend at least one meeting;

8. Require each school to maintain a list of the number of verified acts of bullying in the school and make the list available for public inspection;

• Note: The bullying law does not provide specific guidance about what this list should look like and what information needs to be included.

Page 15: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

C.G.S.A. §10-222d, cont.

9. Direct the development of case-by-case interventions for addressing repeated incidents of bullying against a single individual or recurrently perpetrated bullying incidents by the same individual, which may include both counseling and discipline;

10. Identify the appropriate school personnel, which may include, but shall not be limited to, pupil services personnel, responsible for taking a bullying report and investigating the complaint.

Page 16: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

Who are Mandated Reporters?

• Mandated reporters are statutorily designated professionals who are required to report suspected child abuse and neglect they encounter during the regular performance of their job duties.

Page 17: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

Mandated Reporter Statutes

• In CT, people working in certain professions that regularly bring them into direct contact with children and parents must report suspected child abuse or neglect using the Department of Children and Families’ telephone hotline. – School teachers, principals, superintendents,

guidance counselors, paraprofessionals, and coaches are mandated reporters.

• Mandated reporters who fail to do so are subject to education and training requirements overseen by DCF.

C.G.S.A. § 17A-101

Page 18: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

What Must be Reported

• Mandated reporters are required to report or cause a report to be made when, in the ordinary course of their employment or profession, they have reasonable cause to suspect or believe that a child under the age of 18 has been abused, neglected or is placed in imminent risk of serious harm.

• Mandated reporters who, outside the ordinary course of their employment or profession, have reasonable cause to suspect or believe that a child under the age of 18 is in imminent risk of being abused or has been abused or neglected, can and should make a report to the Hotline.

C.G.S.A. § 17A-101a

Page 19: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

Child Abuse and Neglect

• Child abuse occurs where a child has had physical injury inflicted upon him or her other than by accidental means, has injuries at variance with history given of them, or is in a condition resulting in maltreatment, such as, but not limited to, malnutrition, sexual molestation or exploitation, deprivation of necessities, emotional maltreatment or cruel punishment.

• Child neglect occurs where a child has been abandoned, is being denied proper care and attention physically, emotionally, or morally, or is being permitted to live under conditions, circumstances or associations injurious to his well-being.

C.G.S.A. § § 46b-120

Page 20: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

Information to Use to Make the ReportA mandated reporter is required to provide the following

information, if known:• Names and addresses of the child and parents or

responsible caregiver(s);• Child's age and gender; • Nature and extent of injury, maltreatment or neglect;• Approximate date and time the injury, maltreatment or

neglect occurred;• The circumstances in which the injuries, maltreatment or

neglect became known to the reporter;• Previous injury, maltreatment or neglect of the child or

siblings;• Name of the person suspected to have caused the injury,

maltreatment or neglect;• Any action taken to treat or help the child;• Any other information the reporter believes would be helpful

Page 21: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

The Case of Phoebe Prince• http://www.cbsnews.com/video/watch/?id=6346438n

• On Jan. 14, 2010, 15 year-old high school freshman, Phoebe Prince, took her own life after enduring nearly three months of severe taunting and physical threats by a group of classmates at South Hadley High in Massachusetts.

• Some of the harassment was on the internet using social networking sites, but the main abuse occurred on school grounds, during school hours and while school was in session.

• Two boys and four girls, ages 16 to 18, face a mix of felony charges that include statutory rape, violation of civil rights with bodily injury, harassment, stalking and disturbing a school assembly. Prosecutor used state’s criminal harassment law and criminal stalking law.

• According to the District Attorney, some teachers, administrators and other staff members at the school were aware of the harassment, but did not stop it.

• Current status of case:– In November, South Hadley Public Schools

settled a discrimination case brought by Phoebe’s parents against the Massachusetts Commission against Discrimination

– Federal prosecutors are investigating possible wrongdoing by school officials in handling the bullying of Phoebe, including the destruction of handwritten notes about Phoebe and the harassment she faced at school

– Criminal cases against the 6 teens are moving forward. The incoming district attorney, David Sullivan, may be inclined to drop the whole thing.

• Second teen has recently complained about bullying

Page 22: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

The Effects of Phoebe’s Case

• In response to Phoebe Prince’s suicide, Massachusetts enacted a comprehensive new anti-bullying statute on May 3, 2010

• Prince’s case is a lesson for all States, including Connecticut.

• Massachusetts may provide a roadmap for the future of Connecticut’s law

Page 23: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

Massachusetts law

• Provisions include private schools• Prohibition against bullying

– The law broadly prohibits bullying on or near school grounds; in connection with any school-related activity; at a school bus stop or on a school bus or other vehicle owned or used by a school; or through the use of technology or an electronic device owned, leased or used by a school.

– The law also prohibits bullying that does not meet any of the above criteria, but that nonetheless creates a hostile environment at school for the victim; infringes on the rights of the victim at school; or materially and substantially disrupts the education process or the orderly operation of a school.

• Prohibition against retaliation– The law also prohibits retaliation against any person who

reports bullying, who provides information during an investigation of bullying, or who witnesses or has reliable information about bullying.

Chapter 92 of the Acts of 2010

Page 24: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

Massachusetts, cont.

• Provisions applicable to private schools: – Develop a plan to address bullying prevention and

intervention;– Develop the procedures and policies described in the

plan, which must include, among other things: • Procedures for students and staff to report bullying;• Procedures for responding to reports of bullying;• Policies relating to disciplinary actions against

perpetrators of bullying;• Procedures for reporting to local law enforcement

incidents of bullying that may constitute a violation of criminal law;

– Provide annual training for all faculty and staff on the school’s bullying plan;

– Publish information about the plan to students and families, and on the school’s website.

Page 25: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

Massachusetts, cont.

Developing the plan• The school must develop its bullying prevention

and intervention plan in consultation with teachers, school staff, professional support personnel, school volunteers, administrators, community representatives, local law enforcement agencies, students, parents and guardians.

• For non-public schools, the consultation with parents and guardians must include a notice and comment period.– Comments can be made, for example, on a school

website, a parent/guardian public comment blog, during a presentation of the plan, or by e-mail.

Page 26: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

Massachusetts, cont.

What the plan must include:– A description of and statements prohibiting bullying, cyber-bullying and

retaliation; – Clear procedures for students, staff, parents, etc. to report bullying or

retaliation;– A provision that reports of bullying or retaliation may be made anonymously;– Clear procedures for responding to and investigating reports of bullying or

retaliation;– The range of disciplinary actions that may be taken against a perpetrator of

bullying or retaliation;– Clear procedures for “restoring a sense of safety for a victim and assessing that

victim’s need for protection”;– Strategies for protecting from bullying or retaliation a person who reports

bullying, who provides information during an investigation of bullying, or who witnesses or has reliable information about an act of bullying;

– Procedures consistent with state and federal law for promptly notifying the parents or guardians of both victims and perpetrators of incidents of bullying or retaliation, and for notifying the parents or guardians of a victim of actions taken to prevent further acts of bullying or retaliation;

– A provision that a student who knowingly makes a false accusation of bullying or retaliation shall be subject to disciplinary action;

– A strategy for providing counseling or referral to appropriate services for perpetrators and victims and for appropriate family members; and

– Procedures for immediate notification by the head of school (or person holding a comparable position) to local law enforcement “when criminal charges may be pursued against the perpetrator.”

Page 27: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

Elements of a Model School Policy

1. Introduction

2. Policy against Bullying, Cyberbullying and Retaliation

3. Definitions section

4. Legal Definitions and School Policy section

5. Examples of Prohibited Conduct

6. Section on How to Handle Reports

7. Procedure on Responding to a Report of Bullying, Cyberbullying or Retaliation

8. Investigation Section

9. Section on Resolution, Notification, and Follow-up

10. Section on the Prevention of Bullying and Cyberbullying

11. Conclusion

Page 28: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

1. IntroductionThe introduction should include the following: • A statement about the school’s policy on bullying,

cyberbullying, and harassment;• A statement that the Bullying Prevention and

Intervention Plan (“Plan”) is an integral part of the school’s comprehensive efforts to promote learning and to prevent behavior that can impede the learning process;

• A provision that sets forth that this Plan compliments existing policies, such as those found in school’s student and/or faculty handbooks, and computer use policies;

• Identification of a point person, such as a Dean of Students, to refer to with questions and concerns related to the Plan.

Page 29: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

2. Policy against Bullying, Cyber-Bullying, and Retaliation

The Policy should include a statement that includes the following:

• That any form of bullying, including cyberbullying, and retaliation will not be tolerated;

• That the policy applies to all students; • That it also may apply to a former student who comes on school

grounds or who engages in cyberbullying against a current student;• That bullying and cyberbullying are prohibited at the following

locations:– On school grounds; – On grounds adjacent to school grounds;– At school-sponsored events and school-related activities, functions and

programs, whether on or off school grounds;– At school bus stops, on school buses and other vehicles owned, leased,

or used by the school;– Through use of technology or an electronic device owned, leased, or

used by the school;– Non-school related locations or through an electronic device that is not

owned, leased, or used by the School, if the bullying or cyberbullying creates a hostile environment at school for a student, infringes on the rights of a student at school, or materially and substantially disrupts the education process or the orderly operation of the school.

Page 30: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

3. Definitions under the Law

The following definition should be included:

Bullying as defined by Connecticut law

• “[A]ny overt acts by a student or a group of students directed against another student with the intent to ridicule, harass, humiliate or intimidate the other student while on school grounds, at a school-sponsored activity or on a school bus, which acts are committed more than once against any student during the school year.”

Page 31: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

Other Definitions to Include

The following terms are not defined in Connecticut in the context of bullying, but the definitions can be modeled after the Massachusetts law

Cyberbullying Bullying through the use of technology or electronic devices such as a telephone, cell phone, computer, fax machine, or the Internet. It includes, but is not limited to, e-mail, an instant message, a text message, or an Internet posting, whether on a webpage, in a blog or elsewhere.

Hostile EnvironmentA hostile environment is a situation in which bullying and/or cyberbullying causes the school environment to be permeated with intimidation, ridicule, or insult that is sufficiently severe or pervasive so as to alter the conditions of a student’s education.

RetaliationRetaliation is any form of intimidation, reprisal, or harassment directed against a student who reports bullying, provides information during an investigation of bullying, or witnesses or has reliable information about bullying.

Page 32: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

4. Legal Definitions and School Policy

• Important for private schools to go beyond the statutory requirements

• Make the point that the school reserves the right to apply stricter standards of behavior under the school’s policy against bullying so that the school may prevent inappropriate verbal and physical conduct before a student has been subject to harm that may result from bullying

• Proactive v. Reactive

Page 33: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

5. Include Examples of Prohibited Conduct

Examples:

• Using a school computer, a student sends a threatening e-mail to a targeted student’s personal e-mail account on the targeted student’s home computer, and the school determines that the targeted student would reasonably fear harm as a result.

• A student at home sends a text message to ridicule a targeted student while that student is engaged in an after-school activity on school grounds or on the premises of another school.

• A student whose harassment of a targeted student was witnessed by a third student sends a text message or e-mail to the witness threatening to label her as a “snitch” to other classmates if the witness reports what she saw.

Page 34: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

6. Reports of Bullying, Cyberbullying or Retaliation Include a statement directed at those who are encouraged to make a report:• Students and parents are strongly urged to promptly report the matter to a

school designee, such as the Dean of Students, or any faculty or staff member;

• Any student who is subject to retaliation in violation of the policy or who knows of another student who has been subject to retaliation is urged to report it as soon as possible;

Include a statement that any member of the school faculty, administration, or staff who witnesses or otherwise becomes aware of bullying or cyberbullying in violation of this policy is required to make a report.

Discuss Confidentiality• Promises of strict confidentiality may not be made; • Faculty, administrative employees, and staff may not make anonymous

reports;• The school urges students and their parents not to make reports

anonymously;• The disadvantages of an anonymous report;• The school releases information concerning complaints and investigations

of bullying, cyberbullying, and retaliation only on a legitimate need-to-know basis, and in compliance with any privacy laws.

Page 35: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

7. Responding to a Report of Bullying, Cyber-bullying or Retaliation

The Plan should include statements about the following:

A. Preliminary Considerations. An explanation of the preliminary steps that will be taken when a complaint is brought to the attention of the school designee, such as:A. An assessment as to whether any initial steps need to be taken to

protect the well-being of students while the investigation is being conducted;

B. An examination as to whether the situation warrants the implementation of strategies, such as increased supervision or temporary separation from school.

B. Obligation to Notify Parents. A provision stating that it is the policy of the school to notify the parents of any student who is an alleged target of bullying, cyberbullying, or retaliation and the parents of any student who has been accused of engaging in such behavior promptly after a complaint has been made.

Page 36: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

8. Investigation

Provide an outline of the procedure that is pursued once a complaint has been brought to the attention of the school designee.

Include: • Who the designee is;• That an impartial investigation of the complaint will be

conducted by the designee;• What the investigation may include;

– Example: Interviews with the persons involved or witnesses  

• A statement that the school designee may also choose to consult with teachers, the school counselor, and/or the parents of the student or students who were allegedly targeted or the parents of the student or students alleged to have been the aggressors.

Page 37: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

9. Resolution, Notification, and Follow-up

Include the following statements related to the school’s procedure post-interviews and investigation:

• The Head of School will determine whether and to what extent the allegation of bullying, cyberbulling, or retaliation has been substantiated;

• If it is determined that the policy set forth in the plan has been violated, the Head of School will determine what disciplinary action and/or other remedial action is appropriate and how it will be implemented;

• A statement on the goals of an investigation and any disciplinary or other remedial process that is imposed following that investigation;

• In appropriate circumstances, law enforcement or another appropriate government agency may be notified;

• Upon completion of the investigation, the Head of School or other designee will meet individually with the student(s) who were the target of the alleged incident and the student(s) against whom the complaint was made, and their parents to report the results of the investigation;

• Where disciplinary or other corrective action is determined to be appropriate, the Head of School or other designee will inform the parties of the steps that will be taken to correct the situation;

• Follow-up contacts may be made with any student found to have been targeted in violation of this policy and his/her parents to inquire as to whether there have been any further incidents.

• Key is to retain authority and discretion with the Head of School

Page 38: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

10. Prevention of Bullying and Cyberbullying

Include a section underscoring the school’s stance on the prevention of bullying and cyberbullying

Highlight the school’s anti-bullying efforts

Examples• Describe lessons students learn as members of the school

community; • Reference to the student handbook, computer use policy,

codes of behavior, or other school publication;• List examples of trainings utilized by school community

members to make sure that students are well informed about what is expected of them and to reinforce positive conduct;

• Information about co-curricular programs focusing on peer relationships;

• Dissemination.

Page 39: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

11. Conclusion

Reiterate the intent of the plan: (1) to prevent bullying and cyber-bully

among school’s students;(2) to encourage students and their parents

to have confidence in the school’s policies and procedures and to come forward promptly whenever a student is subject to conduct that is prohibited by this or any other school policy;

(3) to implement appropriate discipline and other corrective measures when they are found to be warranted.

Page 40: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

General Principles of Conducting an Investigation

• Do it promptly

• Be thorough

• Keep an open mind

• Investigate all claims

Page 41: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

Conducting the Investigation

• Interview the complainant first

• Interview other alleged victims

• Talk to the alleged wrongdoer or wrongdoers

• Speak to witnesses

• Instruct everyone not to discuss the matter with anyone (Need to know basis)

Page 42: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

Conducting The Investigation cont …

• Collect any relevant documentary evidence and statistics

• Document each step of the process in some retrievable form

• Promises of strict confidentiality may not be made (legitimate need-to-know basis)

• Model Incident Reporting Form– http://

www.doe.mass.edu/bullying/ModelPlan_appxA.pdf

Page 43: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

Act On The Results

• Did the alleged conduct occur?

• Was it bullying?

• If it was not bullying, did it nonetheless violate your school’s policies?

• If bullying or harassment occurred, act to fix it.

• Tell each person who needs to know what the outcome was.

Page 44: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

Other Considerations

• Gender of investigator• Obtain contemporaneous signed

statements • Document the investigation• Attorney-client privilege• Danger: E-mail• Preservation of evidence• Consult with counsel

Page 45: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

Resources • Laws and Regulations

– State of Connecticut, General Assembly, Connecticut General Statutes related to bullying in schools (Dec. 2009).http://www.cga.ct.gov/coc/PDFs/bullying/bullying_statutes_12-09.pdf

– Connecticut statutes also available at: http://cga.ct.gov/asp/menu/Statutes.asp– Massachusetts Anti-Bullying statute

http://www.malegislature.gov/Laws/SessionLaws/Acts/2010/Chapter92– Bully Police USA, http://bullypolice.org/– State of CT, Dep’t of Children and Families, “What Mandated Reporters Need to Know.”

http://www.ct.gov/dcf/cwp/view.asp?a=2556&q=314384– Cyberbullying Research Center, State Cyberbullying Laws (Dec. 2010).

http://www.cyberbullying.us/Bullying_and_Cyberbullying_Laws.pdf• Helpful links

– Connecticut Commission on Children & Governor’s Prevention Partnership, 20 Questions for your School: A Policy Checklist for Educators, Parents and Students (April 2010).

http://www.preventionworksct.org/docs/Best_Practices_Conference/bullying_law_checklist_final.pdf

– Connecticut State Dep’t of Education, Bullying and Harassment in Connecticut: A Guide for Parents and Guardians (July 2010).http://www.sde.ct.gov/sde/lib/sde/pdf/equity/title_ix/bullying_q_and_a.pdf

– Connecticut Technical High School System, “Bullying Interventions: Action Steps for School Administrators” and “Sample Code of Conduct.”

http://www.cttech.org/central/about-us/Bullying/Interventions.pdfhttp://www.cttech.org/central/about-us/Bullying/Bullying%20Policy.pdf

– Massachusetts Dep’t of Elementary and Secondary Education, Bullying Prevention and Intervention Resources.http://www.doe.mass.edu/bullying/#1

– U.S. Dep’t of Health and Human Services, “Stop Bullying Now” Campaign. http://stopbullyingnow.hrsa.gov/kids/

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Clips

http://abcnews.go.com/video/playerIndex?id=2432285ABC News

http://www.nbcconnecticut.com/news/local-beat/Preventing-the-School-Bullying-Problem-93619414.htmlAbout Connecticut

http://www.cbsnews.com/video/watch/?id=6363093n&tag=related;photovideoAbout Springfield Massachusetts boy, Carl Walker Hoover

http://www.youtube.com/watch?v=85D-PKFxEDAStan Simpson- School Bullying feat. Elaine Zimmerman & Jo Ann Freiberg

http://stopbullyingnow.hrsa.gov/kids/webisodes/webisode-05.aspx Cartoon example of cyberbullying

http://www.myfoxny.com/dpp/news/local_news/new_jersey/gov-christie-signs-anti-bullying-bill-20110106-apxNew Jersey just enacted an anti-bullying bill that is the toughest in the country

Page 47: Christopher L. Brigham, Principal  Updike, Kelly & Spellacy, P.C.  One Century Tower

Christopher L. Brigham, Principal Updike, Kelly & Spellacy, P.C.

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[email protected]

www.uks.com

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