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2/18/2015 1 © 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 Prayer Opening Prayer Creator God, through your world and people that surround us, we pray that we may grow more aware this 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 world and people that surround us, we pray that we may grow more aware this 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

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Page 1: Christian Brothers Services

2/18/2015

1

© 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

Page 2: Christian Brothers Services

2/18/2015

2

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

5

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.

8

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.

16

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.

31

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

38

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

44

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

47

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.

49

Questionable Solutions

Zero tolerance policies

Conflict resolution and peer mediation

Group treatment or therapy

50

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

56

Questions?

Page 20: Christian Brothers Services

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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:

[email protected]

To sign up for any of our spring webinars:

cbservices.org/educationalresources.php

Page 21: Christian Brothers Services

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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.