Wanda Bradford, Director of School Support

1
Bullying Definitions, Illustrations,
Prevention, and Response

• Wanda Bradford, Director of School Support
• Dr. Tim Fulenwider, Director of School Support
• Margaret Gallegos, Director of School Support
• Randall Ranes, Director of Instructional Support
  Services Division
• Melissa Hoyt, Interim Supervisor, Student
  Services Department
• Winter 2012
• MG

2
Outline for Bullying Definitions,
Illustrations, Prevention, and Response

• Bullying Why it matters?
• Bullying What is it?
• Cyberbullying What is it?
• Examples of bullying and cyberbullying
• Ways to create a safe, bully-free environment
• What to do when you suspect or become aware of
  bullying
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3
Bullying Why it matters(Impact on academic
and social development)

• In summary, there is considerable evidence that
  involvement in bullying, as a victim, bully, or
  bully-victim is associated with serious
  short-term and long-term psychological and
  academic consequences (Swearer, Espelage,
  Napolitano, 2009)
• Bullying has been related to academic deficits
  (Crick Grotpeter, 1995, Murray-Close, Ostrov,
  Crick, 2007, Prinstein, Boergers, Vernberg,
  2001)
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4
Bullying Why it matters (continued)

• Victims report increased loneliness, greater
  school avoidance, more thoughts of suicide, and
  less self-esteem (Hawker Boulton, 2000
  Kochenderfer Ladd, 1996).
• Bullies report lower levels of school belonging
  and higher levels of delinquent behavior
  (Espelage Holt, 2001 Haynie, Nansel, Eitel,
  2001).
• Bully-victims are more hyperactive, more likely
  to be referred for psychiatric consultation than
  peers (Nansel et al. 2001 Nansel, Haynie
  Simons-Morton, 2003), report higher levels of
  depression (Swearer et al, 2001), and have lower
  grades than both bullies and victims (Graham et.
  al. 2006)
• Bystanders to bullying report feelings of anxiety
  and insecurity (Rigby Slee, 1993)
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5
Bullying Why it matters(Legal issues)

• Generally, most civil claims against districts
  and their personnel allege
• Failure to properly supervise and protect
  students
• Physical or mental mistreatment, abuse
• Failure to properly investigate and respond to
  allegations of harassment, abuse, bullying
• Failure to identify and assess for special
  education or Section 504 eligibility
• Failure to provide appropriate interventions,
  supports, and services (general education,
  special education, 504) (Hoonanian, Feb. 2012)
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6
Bullying What it is

• Statutory Definitions and Key Vocabulary
• Working Definition
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7

• Bullying means any severe or pervasive physical
  or verbal act or conduct, including
  communications made in writing or by means of an
  electronic act, and including one or more acts
  committed by a pupil or group of pupils as
  defined in Education Code Sections 48900.2
  (sexual harassment), 48900.3 (hate violence), or
  48900.4 (harassment, threats and intimidation),
  directed toward one or more pupils that has or
  can be reasonably predicted to have the effect of
  one or more of the following (a) placing a
  reasonable pupil(s) in fear of harm to that
  pupil's or those pupils' person or property (b)
  causing a reasonable pupil to experience a
  substantially detrimental effect on his or her
  physical or mental health (c) causing a
  reasonable pupil to experience substantial
  interference with his or her academic
  performance or (d) causing a reasonable pupil to
  experience substantial interference with his or
  her ability to participate in or benefit from the
  services, activities, or privileges provided by a
  school (Education Code Section 48900(r)).
• WB
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8
Interactive Reading

• Tabletop- Five minutes
• Highlight key words/phrases supporting a
  determination bullying has occurred
• Examples from Table Reports
• WB

9
Elements of Education Code Definition of Bullying

• Severe
• Pervasive
• Physical or verbal act/conduct
• Written/electronic communication
• Impact on the reasonable pupil
• Fear of harm (person or property) or
• Substantial interference with
• academic performance
• participation in or benefit from school services,
  activities, or privileges
• MH

10
Additional Misconduct Categories Embedded in
Californias Bullying Definition

• Education Code Sections
• 48900.2 - Sexual harassment including sexual
  assault, sexual battery, sexual violence, and
  sexual coercion
• 48900.3 - Hate violence
• 48900.4 - Harassment, threats and intimidation
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11
General Working Definition of Bullying

• Severe or pervasive verbal or physical misconduct
  that would impact a reasonable pupil resulting in
  either
• (1) fear of harm (person or property) or (2)
  substantial interference with either (a)
  academic performance or
• (b) participation in or benefit from services,
  activities, or privileges.
• Note Californias legal definition of bullying
  makes no reference to a power imbalance between
  the bully and his/her victim.
• MH

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Scenarios Application of Bullying Definition

• Out of the pool of four scenarios (1 - 4),
  assign each table two scenarios (Maximum time 10
  minutes)
• Table Reports. Objective Identify the specific
  facts in the scenario that support a
  determination the conduct is or is not bullying
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Bully

• Bully is the person perpetrating the conduct
  listed in the bullying definition
• Relational Aggressor means a bully that uses
  social manipulation to harm others by gossiping,
  threatening to withdraw friendships, or using
  social exclusion (Leff, Waasdorp, Crick, 2010)
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Victim

• A victim of bullying is a person physically or
  psychologically abused by a peer who is
  intentionally aggressive either in a severe
  manner or repeatedly and over time (see Olweus,
  1993)
• Bully-Victim means a student who reports both
  being a victim of bullying and being a
  perpetrator of bullying.
• MH

15
Cyberbullying

• Transmission, by means of an electronic device,
  including, but not limited to, a telephone,
  wireless telephone, or other wireless
  communication device, computer, or pager, of a
  communication, including, but not limited to, any
  of the following (a) a message, text, sound, or
  image (b) a post on a social network Internet
  Web site including, but not limited to (1)
  posting to or creating a burn page (2) creating
  a credible impersonation of another actual pupil
  or (3) creating a false profile (Education Code
  48900(r)).
• Note An electronic act shall not constitute
  pervasive conduct solely on the basis that it has
  been transmitted on the Internet or is currently
  posted on the Internet (Education Code 48900(r)).
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Elements of Education Code Definition of
Cyberbullying

• Bullying by an electronic act
• Burn page
• Credible impersonation
• False profile
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Examples of Bullying

• Repeated exposure over time to negative actions
  or acts of aggression and intimidation.
• Verbal, written, graphic, digital, or other
  physical conduct relating to a students race,
  national origin, religion, color, disability,
  sexuality, or gender1 that is severe, pervasive,
  or persistent.
• Unprovoked, intentional, and usually repeated
  acts many of which may be carried out by means of
  an electronic act and include
• Emotionally-based behavior (spreading rumors,
  manipulating social relationships, rejecting,
  excluding, degrading, extorting, or
  intimidating)
• Verbally-based behavior (taunting, malicious
  teasing, name calling, racial slurs, insults,
  threatening, demanding money, property, or some
  service to be performed) and Physically-based
  behavior (hitting, kicking, spitting, pinching,
  pushing, excessive tickling).
• 1 See glossary for complete list of protected
  classes
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Examples of Bullying (Continued)

• Indirect bullying that is severe, pervasive, or
  persistent.
• such as
• Rejecting, excluding or isolating the target(s)
• Humiliating the target(s) in front of friends
• Manipulating friends and relationships
• Sending hurtful or threatening e-mail or notes
  and
• Developing a Website to taunt or degrade a target
  and inviting others to post humiliating notes or
  messages
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Examples of Cyberbullying

• Severe, pervasive, or persistent conduct that
  involves.
• Sending cruel, vicious, or threatening messages.
• Creating web sites with stories, pictures, and
  jokes that ridicule others based on hatred or
  bias.
• Breaking into an e-mail account and sending
  vicious or embarrassing material to others.
• Taking a picture (e.g., revealing) in the locker
  room with a phone camera and sending it out.
• MH
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Scenarios Application of Cyberbullying
Definition

• Each table reviews scenarios 5 6 scenarios
  (Maximum time Five minutes)
• Table Reports. Objective Identify the specific
  facts in the scenario that support a
  determination the conduct is or is not
  cyberbullying
• MH

21
Creating Safe, Bully-Free SchoolsThe Role of a
Positive School Climate

• School climate is emerging as an extremely
  important influence on bullying/victimization
  (Swearer, Espelage, Napolitano, 2009).
• Schools that emphasize learning to include a
  positive school climate show a decrease in
  aggression and other school-related problems
  (Kasen et al, 2004).
• Bullies are sometimes viewed in a positive and
  influential manner by their peers (Rose, Swenson,
  Waller 2004). Bullies can reap benefits.
• Prevention frameworks and programs that attempt
  to abate bullying are increasing emphasizing
  improving school climate to stop the
  reinforcement of bullying behavior or bullying
  perpetration (Cohen, 2006)
• TF

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Positive School Climate

• A positive school climate including teacher,
  classmate, and school support can buffer the
  distress resulting from bullying parent support
  can also help (Davidson, Demaray, 2007)
• TF

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Creating Safe, Bully-Free Schools, Bullying
Prevention Excerpt from District Administrative
Regulation (AR 601.2)

• Maintain a positive, collaborative school climate
• Clearly define behavioral expectations to
  include (1) rules against bullying and (2)
  positive alternative behaviors
• Use consistent processes for teaching and
  acknowledging appropriate behavior
• Use assessment data to
• determine perceived safety and supportiveness of
  the school among students, staff, and parents
• identify specific strengths and areas for
  improvement
• identify specific groups at risk in the school
• identify where and how bullying occurs at the
  school 
• Help students and staff identify and label
  bullying behaviors
• Develop appropriate behavioral expectations for
  bystanders
• TF

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Creating Safe, Bully-Free Schools Role of Staff

• Provide professional development to staff
  regarding the definition of bullying and
  cyberbullying and the negative effects it has on
  academic, social, and emotional functioning
  (Note Staff underestimate incident rate, report
  they need more training, but most feel they have
  a moral duty to stop bullying. Some staff have
  personal experiences and attitudes that play an
  important role in predicting their responses to
  bullying)
• Describe strategies on how to detect bullying
  (e.g., studies show this makes a difference)
• Explicitly define behavioral expectations for
  staff and students (e.g., label bullying, teach
  relevant school rules against it, intervening,
  and teaching alternative behaviors such as being
  respectful and responsible)
• TF

25
Creating Safe, Bully-Free Schools Role of
Student Bystander

• Bystander is an individual who lacks
  participation in bullying scenarios as either the
  bully or the victim.
• Teach bystander students to avoid laughing,
  watching or otherwise rewarding the bully, but
  instead to support the victim, to otherwise
  intervene and to report bullying (Bystanders may
  be present when bullying occurs more than 80 of
  the time a bystander may serve to reinforce or
  sustain the bullying behavior the bullying is
  abated about half the time when bystanders
  intervene)
• Methods used in bullying prevention and
  intervention programs include awareness
  building, modeling, skill building, and
  role-playing
• TF

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Creating Safe, Bully-Free Schools School Yard
Strategies

• Use specific and detailed yard supervision plans
  (e.g., supervision zone assignments), monitor
  implementation of supervision plan, teach staff
  to quickly recognize bullying, how to intervene
  and how to report (see Board Policy entitled
  Safety, also note bullying occurs almost 2X
  more on yard than in classroom)
• Use prevention and positive school climate
  strategies on the yard (e.g., recognition of
  positive behaviors)
• TF

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Scenario Creating Safe, Bully-Free Schools

• Each table reviews scenario 7 (Maximum time
  Five minutes)
• Table Reports. Objective Identify the
  effective and the missing components of a
  bullying prevention plan
• TF

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Response to Active Act of Bullying

• Immediately stop the bullying
• Do not send away witnesses to the bullying,
  including bystanders
• Do not immediately ask about or discuss the facts
  
• Separate the accused harasser and the target
  (victim)
• During the investigation process make
  age-appropriate references to the bullying
  behavior and to the relevant school rules against
  bullying
• State the behaviors you saw/heard with the
  witness, perpetrator, and victim
• Collect evidence to help determine if an
  action(s) is warranted
• Tell students bullying is unacceptable and
  against school rules
• Remind each person that retaliation is prohibited
• Tell each person how to file a complaint or
  otherwise report an occurrence of bullying or
  retaliation
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What to Do When You Suspect or Become Aware of
Bullying

• Suspicion Review bullying definition, open
  investigation
• Sources of information and reporting timelines
• Immediately Report Bullying - Student. Any
  student . . . bullied or (a) witness . . .(to)
  bullying within the schools jurisdiction, shall
  immediately contact his/her teacher or any other
  employee. (The student may file a Report of
  Complaint)
•  
• Promptly Report Bullying - Staff. An employee .
  . . witnessing bullying or receiv(ing) a
  complaint or other information that bullying may
  have occurred shall, within 24 hours of receiving
  a complaint, report it to the Principal/Designee
  or District Coordinator for Nondiscrimination
  (Human Resources Administrator). Staff reporting
  requirements remain whether or not the victim
  files a complaint.
• RR

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Report from Parent, Community Member, Media, and
Off Campus Conduct

• Initiate investigation into bullying upon receipt
  of information from a parent, guardian, or
  community member who (reasonably) believes
  bullying may have occurred within the schools
  jurisdiction. Carefully consider jurisdiction to
  act
• Evaluate anonymous complaint or media report to
  determine feasibility of investigation
  considering the specificity and reliability of
  the information, the seriousness of the alleged
  incident, and whether any individuals can be
  identified who perpetrated, were subjected, or
  could have observed the alleged bullying
•  
• Off-Campus. Although off-campus conduct is not
  generally subject to school discipline,
  investigation and disciplinary/remedy action may
  be warranted if off-campus conduct poses a threat
  to the safety of other students, staff, or school
  property or presents a risk of substantial
  disruption of school activities. To have
  jurisdiction, there must be documentation of the
  impact or disruption that the conduct had, or
  could be expected to have, on school activities
• RR

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Confirm Receipt of Allegations to Parent/Legal
Guardian of Alleged Victim

• Dear Parent of Alleged Victim
• We are in receipt of a handwritten note, an
  e-mail, phone message, oral report dated enter
  date received notice, from name of author of
  communication if appropriate position of author
  such as parent, physician place of employment
  if applicable. A copy is enclosed. Summary of
  the bullying allegation, e.g., The note indicates
  . . ..
• Please be aware the District staff members take
  seriously any allegation a student has
  experienced bullying or mistreatment at school.
  We are immediately opening a full investigation
  into the allegations Students Name has been
  bullied or mistreated.
• RR

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Initiation of Investigation

• After receiving a notice of suspected bullying
  behavior, the Principal/Coordinator initiates a
  prompt, impartial investigation of a bullying
  allegation regardless of whether a formal
  complaint has been filed.
• Interview all individuals who are relevant or
  potentially relevant to the investigation (e.g.,
  student complaining or potential victims), the
  person accused of bullying, anyone who witnessed
  the reported bullying, and anyone mentioned as
  having relevant information). Take other steps
  such as reviewing any records, notes, or
  statements related to the bullying and visiting
  the location(s) of alleged bullying.
• RR

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Investigation Steps Alleged Victim(Part One)

• Initial Interview with Student or
  Parent/Guardian. When a student or
  parent/guardian has complained or provided
  information about bullying
• Describe the District's grievance (complaint)
  procedure and give copy of bullying policy and
  complaint form
• Tell the part(ies) of right to put his/her
  complaint in writing (i.e., Districts Report of
  Complaint form)
• Discuss what actions are being sought
• Give complainant (student) opportunity to
  describe the incident(s)
• Identify witnesses who may have relevant
  information, or may provide other evidence of the
  bullying
• RR

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Investigation Steps Alleged Victim (Continued)

• 6. If the student reports an injury, clearly
  document the injury and
• seek additional information should evidence
  of the injury exist
• outside the school
• 7. Investigate any allegations involving prior
  instances
• 8. If the student victim requests
  confidentiality in the
• investigation, inform the student that such
  a request may limit
• the District's ability to investigate
• 9. Communicate that retaliation for reporting is
  prohibited and
• everyone has the responsibility to report
  conduct that may be
• retaliation and to report any subsequent
  problems
• 10. Determine and implement any needed interim
  measures
• pending completion of investigation (e.g.,
  placing students in
• separate classes).
• RR

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Investigation Steps Alleged Harasser (Bully)

• Describe what conduct constitutes bullying
• Give alleged bully an opportunity to describe the
  incident(s)
• Communicate bullying is prohibited
• Give notice to cease any misconduct and process
  other disciplinary actions as appropriate
• Communicate that retaliation is prohibited, there
  will be consequences, and follow up monitoring
• As appropriate, inform of interim measures
  involving that person
• RR

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Evidentiary Conclusions

• Factors in Reaching a Determination.
• Do the facts or evidence obtained support a
  finding that bullying has occurred?
• Consider
• Statements made by the persons with knowledge of
  the allegations
• Details and consistency of each person's account
• Evidence of how the complaining student reacted
  to the incident
• Evidence of any past instances of bullying by the
  alleged harasser
• Evidence of any past bullying complaints that
  were found to be untrue
• RR

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Evidentiary Conclusions (Continued)

• If bullying was found to have occurred, what
  decisions or actions are supported by the
  evidence?
• Review the evidence and determine if the District
  Discipline Code has been violated (District Code,
  Education Code 48900 et seq.) (Suspension and
  expulsion for bullying applies only to students
  in grades 4-8).
• Set a schedule to monitor potential reoccurrence
  of bullying and retaliation.
• RR

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Severity of Bullying

• To judge the severity of the bullying consider
• How the misconduct affected student(s) education
• The type, frequency, and duration of the
  misconduct
• The identity, age, and sex of the harasser and
  the student who complained, and the relationship
  between them
• The number of persons engaged in the harassing
  conduct and at whom the bullying was directed
• The size of the school, location of the
  incidents, and context in which they occurred
• Other incidents at the school involving different
  students
• RR

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Hostile Environment

• If a determination is made bullying has or is
  occurring, a decision must also be made whether
  the bullying is sufficiently serious that it
  creates a hostile school environment
• Bullying creates a hostile environment when it is
  sufficiently severe, pervasive, or persistent so
  as to interfere with or limit a students
  participation or benefit from services,
  activities, or opportunities
• If it is determined a hostile school environment
  exists, list the steps and implement a plan to
  establish a positive school climate (The Office
  for Civil Rights calls this Repair the
  environment)
• RR

40
Illustration of Letter Content When an
Investigation Did NOT Substantiate an Allegation
of Bullying

• In a letter dated date, and incorporated into
  this letter as Attachment One, I confirmed
  receipt of allegations John Deere Jr. may have
  been mistreated or bullied while at school
  (Allegations). We conveyed our intent to open
  a full investigation. This letter describes the
  outcome of our investigation.
•  
• Our investigation began on date, and ended on
  date. We interviewed you (Mrs. Deere) who
  initially reported that John Jr. was repeatedly
  being yelled out by another student and being
  harassed about his clothing and hair. In
  addition to John Jr., we identified and
  interviewed three students who possibly had
  knowledge about these Allegations. We also
  completed a review of all pupil records that may
  have contained information pertaining to the
  Allegations regardless of location or form (e.g.,
  electronic, written).
•  
• Neither John Jr. nor any of the student witnesses
  were able to recall or describe any incidents in
  which John Jr. was yelled at or in which anyone
  commented about his hair or clothing. We were
  unable to identify a student who was alleged to
  engage in this misconduct. Additionally, none of
  our records contained any other allegations of a
  similar nature.
•  
• In conclusion, our investigation could not
  substantiate that John Jr. has been bullied or
  mistreated at school. Please notify us of any
  additional concerns or if you learn of any new
  information.
•  
• Thank you for informing the school of these
  issues. Please do not hesitate to contact me if
  we may be of any assistance.
• RR

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Written Report on Findings (Finding Bullying
Occurred)

• No more than 30 days after receiving the
  complaint, the Principal/Coordinator shall
  conclude the investigation and prepare a written
  report of his/her findings
• The report shall include the decision and the
  reasons for the decision and shall summarize the
  steps taken during the investigation
• If it is determined that bullying occurred the
  report shall also include any corrective actions
  that have or will be taken to address the
  bullying and prevent any retaliation or further
  bullying
• This report shall be presented to the student who
  complained, the person accused, the
  parents/guardians of the student who complained,
  the student who was accused, and the
  Superintendent or designee (Director of School
  Support)
• In addition, the Principal/Coordinator shall
  ensure that the bullied student and his/her
  parent/guardian are informed of the procedures
  for reporting any subsequent problems. The
  Coordinator/Principal shall make follow-up
  inquiries to see if there have been any new
  incidents or retaliation and shall keep a record
  of this information
• RR

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Additional Factors Response to Bullying

• When necessary to carry out his/her investigation
  or to protect student safety, the
  Principal/Coordinator also may discuss the
  complaint with the Superintendent or designee,
  the parent/guardian of the student who
  complained, the parent/guardian of the alleged
  harasser if the alleged harasser is a student, a
  teacher or staff member whose knowledge of the
  students involved may help in determining who is
  telling the truth, law enforcement and/or child
  protective services, and District legal counsel.
  
• If the alleged act(s) may be a violation of
  criminal law, the principal/designee will refer
  the matter to the appropriate law enforcement
  agency or Child Protective Services as
  applicable.
• RR

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Written Report of Findings Following Bullying
Complaint

• Date information received alleging bullying and
  the date the investigation began and ended
• Summary of the steps taken during the
  investigation
• Investigation conclusions and reasons for the
  decision
• Corrective actions that have or will be taken
  (only if it is determined that bullying
  occurred)
• Additional steps to address the bullying and
  prevent any retaliation
•  Other Steps Taken
• ? Relevant board policies given the parent of the
  harassed student
• ? Victim of bullying/harassment reminded of what
  constitutes bullying and retaliation, how to
  report this misconduct or any subsequent
  problems, and a description of the plan for
  conducting follow-up inquiries
•  
• Written Report of Findings provided to
• ? Student/victim and the parent/guardian of the
  student/victim
• ? Student/person found to have committed an
  act(s) of bullying
• ? Director of School Support

44

• See Illustrated Detail Template entitled
• Written Report of Findings Following Bullying
  Complaint in the binder of materials, section
  Response to Bullying Worksheet Enforcement of
  Law and Policy
• RR

45
Corrective Actions Illustrations

• Separated the harasser and Name of Student by
  moving the harassers classroom assignment
• Gave guidance to Name of Student and harasser
  (separately)
• Provided professional development to staff
• Provided additional education services to Name
  of Student
• Provided a copy of the District policies and
  Guide for Parents and Students to Name of
  Student, the students parents, and the student
  and parent of the harasser
• Described to Name of Student and their parent
  how to report any subsequent problems
• Conducted, and will again conduct follow-up
  inquiries to see if there have been any new
  incidents or any instances of retaliation
• Three bystanders were given guidance about how
  they may appropriately intervene, they were
  encouraged to take a more active or pro-social
  role, and to support other students to help them
  feel cared for and safe from retaliation.
• RR

46
Scenario Written Report of Findings

• Each table reviews scenario 8 (Maximum time Ten
  minutes)
• Table Reports. Objective Identify key
  components of Written Report that exist, then
  additional steps that could/should be taken
• RR

47
Expectations and Implementation (LEAP, SPSA, and
Positive Behavior Support)

• Local Education Agency Plan
• Single Plan for Student Achievement
• Schoolwide Positive Behavior Support Plan
• RR

48

• Bullying Definitions, Illustrations,
  Prevention, and Response
• Summary, Questions, Closing Comments
• Bullying Why it matters?
• Bullying What is it?
• Cyberbullying What is it?
• Examples of bullying and cyberbullying
• Ways to create a safe, bully-free environment
• What to do when you suspect or become aware of
  bullying
• All