the student harassment prevention act ala. act no. 2009-571 mrs. patrice harris intervention...

The Student Harassment The Student Harassment Prevention Act Prevention Act

Ala. Act No. 2009-571Ala. Act No. 2009-571

Mrs. Patrice HarrisMrs. Patrice HarrisIntervention SupervisorIntervention SupervisorBaldwin County Public School Baldwin County Public School SystemSystem

OverviewOverview

Provides for the adoption of policies by Provides for the adoption of policies by each local public school system each local public school system pertaining to the prevention of pertaining to the prevention of harassment, intimidation, violence, and harassment, intimidation, violence, and threats of violence of one student threats of violence of one student against another student.against another student.

Establishes definitions for common Establishes definitions for common words such as words such as harassmentharassment, , hostile hostile environmentenvironment, , intimidationintimidation, , violenceviolence, and , and threats of violencethreats of violence..

OverviewOverview

Each LEA is required to establish its own Each LEA is required to establish its own policy in compliance with this Act on or policy in compliance with this Act on or before July 1, 2010.before July 1, 2010.

This Act does not affect the freedom of This Act does not affect the freedom of speech and the freedom of expression speech and the freedom of expression guaranteed each student under the guaranteed each student under the Constitution of the United States and the Constitution of the United States and the Constitution of Alabama of 1901, and Constitution of Alabama of 1901, and other applicable statutory law provided other applicable statutory law provided in the Code of Alabama 1975.in the Code of Alabama 1975.

ALSDE Model PolicyALSDE Model Policy

As a part of the stipulations in the Student As a part of the stipulations in the Student Harassment Prevention Act, the State Harassment Prevention Act, the State Department of Education is expected to Department of Education is expected to develop a model policy prohibiting develop a model policy prohibiting harassment, violence, and threats of harassment, violence, and threats of violence on school property, on a school violence on school property, on a school bus, or at any school-sponsored function. bus, or at any school-sponsored function.

The model policy, at a minimum, is The model policy, at a minimum, is expected to contain all of the following expected to contain all of the following components:components:

Components of the ALSDE Model Components of the ALSDE Model Policy Policy

A statement prohibiting harassment, A statement prohibiting harassment, violence, and threats of violence.violence, and threats of violence.

Definitions of the terms Definitions of the terms harassmentharassment, , intimidationintimidation, and , and threats of violence.threats of violence.

A description of the behavior expected of A description of the behavior expected of each student.each student.

A series of graduated consequences for A series of graduated consequences for any student who commits an act of any student who commits an act of intimidation, harassment, violence, or intimidation, harassment, violence, or threats of violence. threats of violence.

Components of the ALSDE Model Components of the ALSDE Model PolicyPolicy

A procedure for reporting an act of A procedure for reporting an act of intimidation, threat of suicide, intimidation, threat of suicide, harassment, violence, or threat of harassment, violence, or threat of violence.violence.

A procedure for the prompt A procedure for the prompt investigation of reports of serious investigation of reports of serious violations and complaints, specifying violations and complaints, specifying that the principal, or his or her that the principal, or his or her designee, is the person responsible designee, is the person responsible for the investigation.for the investigation.


A response procedure for a school to follow A response procedure for a school to follow upon confirmation of an incident of upon confirmation of an incident of intimidation, harassment, violence, or threats intimidation, harassment, violence, or threats of violence.of violence.

A statement prohibiting reprisal or retaliation A statement prohibiting reprisal or retaliation against any person who reports an act of against any person who reports an act of intimidation, violence, threat of violence, or intimidation, violence, threat of violence, or harassment, including the consequences of harassment, including the consequences of and any appropriate remedial action that may and any appropriate remedial action that may be taken against a person who engages in be taken against a person who engages in such reprisal or retaliation.such reprisal or retaliation.


A statement of the consequences of A statement of the consequences of and appropriate remedial action that and appropriate remedial action that may be taken against a person who may be taken against a person who has deliberately and recklessly has deliberately and recklessly falsely accused another. falsely accused another.

A procedure for publicizing local A procedure for publicizing local board policy, including providing board policy, including providing notice that the policy applies to notice that the policy applies to participation in school-sponsored participation in school-sponsored functions. functions.

Components of the ALSDE Model Components of the ALSDE Model Policy Policy

A clearly defined procedure for A clearly defined procedure for students to use in reporting students to use in reporting harassment, including, but not harassment, including, but not limited to, written reports on local limited to, written reports on local board approved complaint forms and board approved complaint forms and written or oral reports of instances of written or oral reports of instances of harassment, intimidation, violence, harassment, intimidation, violence, and threats of violence based on the and threats of violence based on the personal characteristics of a student.personal characteristics of a student.


A procedure for promulgating rules to A procedure for promulgating rules to implement this act, including the implement this act, including the development of a model student complaint development of a model student complaint form. form.

A procedure for the development of a non-A procedure for the development of a non-exhaustive list of the specific personal exhaustive list of the specific personal characteristics of a student which may often characteristics of a student which may often lead to harassment. Based upon experience, lead to harassment. Based upon experience, a local board of education may add, but not a local board of education may add, but not remove, characteristics from the list. The list remove, characteristics from the list. The list shall be included in the code of conduct shall be included in the code of conduct policy of each local board.policy of each local board.

Requirements of Each SchoolRequirements of Each School

Develop and implement evidence-based Develop and implement evidence-based practices to promote a school environment practices to promote a school environment that is free of harassment, intimidation, that is free of harassment, intimidation, violence, and threats of violence.violence, and threats of violence.

Develop and implement evidence-based Develop and implement evidence-based practices to prevent harassment, practices to prevent harassment, intimidation, violence, and threats of intimidation, violence, and threats of violence based on the criteria established violence based on the criteria established by this act and local school board policy, by this act and local school board policy, and to intervene when such incidents occur.and to intervene when such incidents occur.

Requirements of Each SchoolRequirements of Each School

Incorporate into civility, citizenship, Incorporate into civility, citizenship, and character education curricula and character education curricula awareness of and sensitivity to the awareness of and sensitivity to the prohibitions of this act and local prohibitions of this act and local board policy against harassment, board policy against harassment, intimidation, violence, and threats of intimidation, violence, and threats of violence.violence.

Requirements of Each School Requirements of Each School

Report statistics to the local board of actual Report statistics to the local board of actual violence, submitted reports of threats of violence, submitted reports of threats of violence, and harassment. The local board violence, and harassment. The local board shall provide the statistics of the school shall provide the statistics of the school system to the department for posting on the system to the department for posting on the department website. The posted statistics department website. The posted statistics shall be available to the public and any state shall be available to the public and any state or federal agency requiring the information. or federal agency requiring the information. The identity of each student involved shall be The identity of each student involved shall be protected and may not be posted on the protected and may not be posted on the department website. department website.

School System Requirements School System Requirements Pertaining to Student Suicide Pertaining to Student Suicide

Each school system is also required Each school system is also required to implement the following 12 to implement the following 12 standards and policies for programs standards and policies for programs in an effort to prevent student in an effort to prevent student suicide:suicide:


1.1. Foster individual, family, and group Foster individual, family, and group counseling services related to counseling services related to suicide prevention.suicide prevention.

2.2. Make referral, crisis intervention, Make referral, crisis intervention, and other related information and other related information available for students, parents, and available for students, parents, and school personnel.school personnel.

3.3. Foster training for school personnel Foster training for school personnel who are responsible for counseling who are responsible for counseling and supervising students. and supervising students.


4.4. Increase student awareness of the Increase student awareness of the relationship between drug and relationship between drug and alcohol use and suicide.alcohol use and suicide.

5.5. Educate students in recognizing signs Educate students in recognizing signs of suicidal tendencies and other facts of suicidal tendencies and other facts and warning signs of suicide.and warning signs of suicide.

6.6. Inform students of available Inform students of available community suicide prevention community suicide prevention services.services.


7.7. Promote cooperative efforts between Promote cooperative efforts between school personnel and community suicide school personnel and community suicide prevention program personnel.prevention program personnel.

8.8. Foster school-based or community-Foster school-based or community-based, or both, alternative programs based, or both, alternative programs outside of the classroom.outside of the classroom.

9.9. Develop a strategy to assist survivors of Develop a strategy to assist survivors of attempted suicide, students and school attempted suicide, students and school personnel in coping with the issues personnel in coping with the issues relating to attempted suicide, suicide, relating to attempted suicide, suicide, the death of a student, and healing. the death of a student, and healing.


10.10. Engage in any other program or activity Engage in any other program or activity which the local board determines is which the local board determines is appropriate and prudent in the efforts of appropriate and prudent in the efforts of the school system to prevent student the school system to prevent student suicide.suicide.

11.11. Provide training for school employees and Provide training for school employees and volunteers who have significant contact volunteers who have significant contact with students on the local board policies with students on the local board policies to prevent harassment, intimidation, to prevent harassment, intimidation, violence, and threats of violence.violence, and threats of violence.


12.12. Develop a process for discussing Develop a process for discussing with students local board policies with students local board policies relating to the prevention of student relating to the prevention of student suicide and to the prevention of suicide and to the prevention of harassment, intimidation, violence, harassment, intimidation, violence, and threats of violence.and threats of violence.

Phoebe Prince Phoebe Prince

A 15-year old girl who had moved to South A 15-year old girl who had moved to South Hadley, Massachusetts from Ireland. Hadley, Massachusetts from Ireland.

She briefly dated a popular senior football She briefly dated a popular senior football player.player.

She was mercilessly tormented by a cadre She was mercilessly tormented by a cadre of classmates later dubbed the “Mean Girls” of classmates later dubbed the “Mean Girls” by Massachusetts newspapers.by Massachusetts newspapers.

She was often times called “Irish slut” and She was often times called “Irish slut” and “whore” on Twitter, Facebook, Formspring, “whore” on Twitter, Facebook, Formspring, and Craigslist.and Craigslist.


At school, other students would At school, other students would routinely knock her books out of her routinely knock her books out of her hand, or they would fling items at hand, or they would fling items at her.her.

Students would also scribble her face Students would also scribble her face out of pictures on the school walls.out of pictures on the school walls.

Students would also send her Students would also send her threatening text messages on her threatening text messages on her cell phone.cell phone.

Phoebe PrincePhoebe Prince

On January 14, 2010, Phoebe was On January 14, 2010, Phoebe was harassed and threatened in the school harassed and threatened in the school library and in the hallway. library and in the hallway.

As she walked home from school, one As she walked home from school, one of the “Mean Girls” drove by and threw of the “Mean Girls” drove by and threw a can of Red Bull at her. a can of Red Bull at her.

Phoebe walked into her house and hung Phoebe walked into her house and hung herself in a stairwell.herself in a stairwell.

Her body was discovered by her 12-Her body was discovered by her 12-year-old sister. year-old sister.


Even after death, however, the cruelty still Even after death, however, the cruelty still continued. continued.

Phoebe’s tormentors posted vicious Phoebe’s tormentors posted vicious comments on her Facebook memorial comments on her Facebook memorial page. page.

Ultimately, six students were indicted as Ultimately, six students were indicted as adults on felony charges. Charges ranged adults on felony charges. Charges ranged from statutory rape (for the two male from statutory rape (for the two male teenagers) to violation of civil rights, teenagers) to violation of civil rights, criminal harassment, disturbance of a criminal harassment, disturbance of a school assembly, and stalking.school assembly, and stalking.


Additional delinquency complaints Additional delinquency complaints were also filed. were also filed.

One student was charged with One student was charged with assault with a deadly weapon for assault with a deadly weapon for throwing a can at Phoebe.throwing a can at Phoebe.

A separate delinquency complaint A separate delinquency complaint was filed against one of the female was filed against one of the female minors for assault and battery minors for assault and battery against another victim at South against another victim at South Hadley High School. Hadley High School.


It was also discovered that numerous faculty It was also discovered that numerous faculty members, staff members, and even members, staff members, and even administrators at South Hadley High School administrators at South Hadley High School were aware of the bullying encountered by were aware of the bullying encountered by Phoebe.Phoebe.

Even more horrifying was that some of these Even more horrifying was that some of these faculty members witnessed Phoebe endure faculty members witnessed Phoebe endure physical abuse—yet they did nothing. physical abuse—yet they did nothing.

Although the adults’ failure to help Phoebe Although the adults’ failure to help Phoebe did not amount to criminal behavior, their did not amount to criminal behavior, their actions—or inactions—are indeed actions—or inactions—are indeed troublesome. troublesome.

Baldwin County Public School System’sBaldwin County Public School System’sAnti-Harassment PolicyAnti-Harassment Policy

Section 1: Harassment, Violence, and Section 1: Harassment, Violence, and Threats of Violence ProhibitedThreats of Violence Prohibited Section 2: DefinitionsSection 2: Definitions Section 3: Description of BehaviorSection 3: Description of Behavior

Expected of StudentsExpected of Students Section 4: Consequences for ViolationsSection 4: Consequences for Violations Section 5: Reporting, Investigation, andSection 5: Reporting, Investigation, and

Complaint Resolution ProceduresComplaint Resolution Procedures Section 6: Promulgation of Policy and Related Section 6: Promulgation of Policy and Related Procedures, Rules, and Forms Procedures, Rules, and Forms

Board Approved FormsBoard Approved Forms

Harassment Complaint Report FormHarassment Complaint Report Form Harassment Witness Statement FormHarassment Witness Statement Form Student Harassment Referral Action Student Harassment Referral Action

Form Form

Publicizing of the Anti-Harassment Publicizing of the Anti-Harassment PolicyPolicy

Communicate this policy to all stakeholders—Communicate this policy to all stakeholders—in both academic and non-academic settingsin both academic and non-academic settings

Include third parties that are not in the Include third parties that are not in the school system’s (or the schools’) direct school system’s (or the schools’) direct control, yet these persons are engaged in control, yet these persons are engaged in school-sponsored activities:school-sponsored activities: Career Tech/cooperative work programCareer Tech/cooperative work program ChaperonesChaperones AidesAides Contractors Contractors

Publicizing of the Anti-Harassment Publicizing of the Anti-Harassment Policy Policy

Bus drivers Bus drivers Paraprofessionals Paraprofessionals Maintenance workersMaintenance workers Cafeteria workersCafeteria workers Office personnel Office personnel Cross reference in the Student Code Cross reference in the Student Code

of Conduct and the Personnel Policies of Conduct and the Personnel Policies

Harassment, Violence, and Threats Harassment, Violence, and Threats of Violence are Strictly Prohibited of Violence are Strictly Prohibited

The Baldwin County Public School The Baldwin County Public School System is committed to providing a System is committed to providing a safe and supportive learning safe and supportive learning environment in which all members of environment in which all members of the school community are treated the school community are treated with respect. Harassment, violence, with respect. Harassment, violence, and threats of violence are and threats of violence are prohibited and constitute prohibited and constitute unacceptable behavior that will not unacceptable behavior that will not be tolerated. be tolerated.

Harassment, Violence, and Threats Harassment, Violence, and Threats of Violence are Strictly Prohibitedof Violence are Strictly Prohibited

It is hereby the policy of the Baldwin It is hereby the policy of the Baldwin County Public School System to oppose County Public School System to oppose and prohibit, without qualification, and prohibit, without qualification, unlawful harassment based on real or unlawful harassment based on real or perceived race, color, religion, national perceived race, color, religion, national origin, marital status, sex, sexual origin, marital status, sex, sexual orientation, gender identity, or disability. orientation, gender identity, or disability.

Students who violate this policy will be Students who violate this policy will be subject to disciplinary sanctions.subject to disciplinary sanctions.

Contact Information Contact Information

Mrs. Patrice HarrisMrs. Patrice Harris

Intervention SupervisorIntervention Supervisor

Central Office SatelliteCentral Office Satellite

1091 B Avenue1091 B Avenue

Loxley, AL 36551Loxley, AL 36551

251.972.8525251.972.8525

[email protected]

the student harassment prevention act ala. act no. 2009-571 mrs. patrice harris intervention...

Documents