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Hofstra University Presented by:
Dr. Susan Lipkins Dr. Karen Siris
March 12, 2012
New York State Dignity Actand
Bullying Prevention
Bullying is a type of harassmentan intentional act of
aggression, based on an imbalance of power, that is meant to harm a victim either physically or psychologically.
usually occurs repeatedly and over time, however sometimes can be identified in a single event.
DEAR COLLEAGUE LETTER…..OCTOBER, 2010: On the heels of Tyler
Clemente’s and Phoebe Prince’s “bullycides”
Office of Civil Rights sent a Dear Colleague Letter reminding schools that by limiting their responses in a bullying incident they may be failing to properly consider whether the incident is in violation of students’ federal civil rights.
Bullying and Federal Civil Rights Violations
School districts may violate Federal civil
rights statutes and U.S.E.D. regulations
when peer harassment based on race,
color, national origin, sex, or disability is
sufficiently serious that it creates a hostile
environment and such harassment is
encouraged, tolerated, not adequately
addressed, or ignored by school staff.
www.stopbullying.gov/topics/civil_violation/index.htm
Title VI of Civil Rights Act of 1964, prohibits discrimination on the basis of race, color or national origin
Title IX of the Education Amendments of 1972 prohibiting discrimination on the basis of sex)
Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability
Why have 47 states passed anti-bullying/harassment laws?39% of students reported that bullying, name
calling, and harassment pose a serious problem at school.
66% reported that people at school were harassed at least “sometimes” because of their looks or body size,
57% reported that students were bullied or harassed “sometimes” because of the way they expressed their gender
(GLSEN, 2010)
50% of high school students (2010) admit they bullied someone in the past year
47% admit that they were bullied, teased or taunted in a way that seriously upset them in the past year
(Josephson School of Ethics, 2010- 43,000 students surveyed)
Are Incidents Reported?Adults are often unaware of bullying
problems (Limber, 2002; Skiba & Fontanini, 2000)
60% of 10-17 year olds say they were victims of violence, abuse or crime but less than 30% told authorities
New York State’s LawThe Dignity Act:
It is hereby declared to be the policy of New York State to afford all students in public schools an environment free ofdiscrimination and harassment.
http://www.p12.nysed.gov/dignityact/
What sites and events are covered by DA?
DA applies to public schools, BOCES, and charter schools.
DA applies to incidents on school property (in a school building, athletic playing field, playground, parking lot, school bus)
DA applies to public school sponsored functions (school-sponsored extra curricular events or activities)
New York Law
The New York Law Dignity Act
Requires districts and schools to prevent, monitor, and address bullying through: (July, 2012)
Designation of a “DIGNITY ACT COORDINATOR” to be trained in non-discriminatory instructional and counseling methods and in handling human relationships
DIGNITY ACT COORDINATOR
At least one employee in every school shall be designated as a Dignity Act Coordinator and
Instructed in the provisions of the proposed rule and thoroughly trained in methods to respond to human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender and sex.
The designation of each Dignity Act Coordinator shall be approved by the board of education, trustees or sole trustee of the school district (or in the case of the City School District of the City of New York, by the
Principal of the school in which the designated employee is employed) and, in the case of a charter school, by the board of trustees.
DIGNITY ACT COORDINATORThe name(s) and contact information for the Dignity Act
Coordinator(s) shall be shared with all school personnel, students, and persons in parental relation.
In the event a Dignity Act Coordinator vacates his or her position, another school employee shall be immediately designated for an interim appointment as Coordinator, pending approval of a successor Coordinator by the applicable governing body within 30 days of the date the position was vacated. In the event a Coordinator is unable to perform the duties of his or her position for an extended period of time, another school employee shall be immediately designated for an interim appointment as Coordinator, pending return of the previous Coordinator to his or her duties as Coordinator.
Requires districts and schools to prevent, monitor, and address bullying through: (July, 2012)
Staff training to raise awareness and sensitivity of school employees to issues of harassment and discrimination
THE DIGNITY ACT INSURES THAT:
Schools promote civility and a safe, nurturing environment
No student shall be subjected to harassment, discrimination, or bullying by students
or employees Schools provide a response to students who
are harassed and bullied at school.
The New York Law The Dignity for All Students Act
(N.Y. Educ. Law §§10-18, 801-a)
prohibits harassment with respect to certain non-exclusive protected classes including, but not limited to:actual or perceived racecolorweight (size)national originethnic groupreligionreligious practicedisabilitysexual orientationgender identity, orsex
Requires districts and schools to prevent, monitor, and address bullying through: (July, 2012)
Sensitivity and tolerance curricula for students
Dignity Act and Student Instruction
Education Law §801-a – Requires
Instruction in: civility, citizenship, character honesty tolerance personal responsibility respect for others dignity for all
Requires districts and schools to prevent, monitor, and address bullying through: (July, 2012)
Revising the code of conduct to create a school environment free from harassment and discrimination
How Does DA Relate to School Policy?
Policies to create a school environment free from discrimination or harassment
Guidelines to be used in school training programs to raise the awareness and sensitivity of school employees to potential discrimination or harassment
Guidelines to enable employees to prevent and respond to discrimination and harassment
§ 13. Policies and GuidelinesBoards of Education shall create policies and guidelines that shall include, but are not limited to:
An age-appropriate versionof the policy
written in plain-languageshall be included in the
code of conduct NOTE: Codes of Conduct are to be posted on the school web site
Code of Conduct The code of conduct shall include, but is not limited to:provisions prohibiting discrimination and harassment against any student, by employees or students on school
property or at a school function, that creates a hostile environment by
conduct, with or without physical contact and/or by verbal threats,
intimidation or abuse, of such a severe nature that:(1) has or would have the effect of unreasonably and
substantiallyinterfering with a student's educational performance,
opportunitiesor benefits, or mental, emotional and/or physical well-being; or(2) reasonably causes or would reasonably be expected tocause a student to fear for his or her physical safety.
Such conduct shall include, but is not limited to, threats, intimidation,or abuse based on a person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practices, disability, sexual orientation, gender or sex;
provided that nothing in this subdivision shall be construed to prohibit a denial of admission into, or exclusion from, a course of instruction
Rule Making Activities NYS Register/January 18, 2012
Reporting acts of bullying to the NY State Education Department through the defined reporting system
Requires districts and schools to prevent, monitor, and address bullying through: (July, 2012)
DA and Uniform Violent Incident Reporting
§ 15. Reporting by Commissioner
The commissioner shall create a procedure under which material incidents of discrimination and harassment on school grounds or at a school function are reported to the department at least on an annual basis.
Such procedure shall provide that such reports shall, wherever possible, also delineate the specific nature of such incidents of discrimination or harassment, provided that the commissioner may comply with the requirements of this section through use of the uniform violent incident reporting system.
The Legal Standard in CYBERBULLYING
ON CAMPUS… Schools must address cyberbullying:• Occurring through district Internet
system• Personal cell phones, cameras,
personal computers, PDA’sOFF CAMPUS….• Speech using technology that causes or
threatens to cause substantial disruption at school or interference with rights of students
• Speech at the “harmful speech” level – that which causes emotional harm that causes danger to the victim or others
If the laws pose uncertainty about disciplinary action…
Nothing prevents the school officials from resolving the concerns informally
Provide the parents of the cyberbully with a downloaded copy of the harmful on-line material and advise the parents of the potential personal liability… IF THEY DO NOT TAKE PROACTIVE STEPS TO ENSURE THE HARMFUL ACTIVITIES CEASE.
The PlayersTHE BULLY
THE TARGET/VICTIM
THE BYSTANDER
Characteristics of BulliesLack EmpathyDisplay Verbally Aggressive Behavior
Display Physically Aggressive Behavior
Bullies have average levels of self esteem
Intimidate ClassmatesSeek Power in RelationshipsProvoke Fights
Long Term Effects on the BullyNearly 60 percent of boys who researchers classified as bullies in grades six through nine were convicted of at least one crime by the age of 24.
Even more dramatic, 40 percent of them had three or more convictions by age 24.
Passive VictimsSocial Anxiety Disorder
Lack Social Skills (socially awkward)
Pleasers
Compliant
Fear of Confrontation
Provocative Victims are:
Restless
Irritating to others
Seen teasing and don’t know when to stop
Likely to fight back, but lose
Emotional
Often diagnosed with Attention Deficit Disorder
Cyber VictimsCyber victims reported higher rates of depression than cyber bullies or bully victims
Cyber victims may not be able to identify their harasser and are more likely to feel isolated, dehumanized or helpless at the time of the attack
Effects on the VictimAnxietyLoss of self-esteem into adulthoodDecrease in attention/gradesDecrease in attendance/involvementDecreased socialization/increased isolation
Physical Symptoms: headaches, fatigue, stomach problems
Increase in acting out behaviorSuicide/Homicide
The BystandersDEFINTION: —those who watch bullying happen or hear about it.
Bystanders: PASSIVELY accept bullying by watching and
doing nothing
PROVIDE the audience a bully craves and the silent
acceptance that allows bullies to continue their
hurtful behavior INSTIGATE the bullying by prodding the
bully to begin
ENCOURAGE the bullying by laughing, cheering, or making
comments that further stimulate the bully
Other bystanders . . . directly intervene, by discouraging the bully, defending the victim, or redirecting the situation away from bullying.
. . . get help, by rallying support from peers to stand up against bullying or by reporting the bullying to adults.
Why don’t more bystanders intervene? They fear getting hurt or fear retribution (becoming the next victim)
They feel powerless to stop the bully.
They don’t like the victim or believe the victim “deserves” it.
They think that telling adults won’t help or it may make things worse.
They don’t know what to do.
Caring Schools hold the key to prevention of bullying,
harassment and discrimination. In these schools all adults:
Display warmth, positive interest and involvement talk to each other and students with
respect and understandingalert other staff members if they are
displaying unacceptable behavior toward a student
