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BullyingWVDE Counselor Conferences

March 20-21, 2014March 24-25, 2014

By Shelly K. Stalnaker, Coordinator

West Virginia Department of EducationOffice of Secondary Learning

Would you want to walk in their shoes?

“Hey” – Short Film on Bullyinghttp://www.youtube.com/watch?v=H1CqaelVnkY&feature=player_detailpage

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Session Objectives

1. Bullying definition(s).

2. Policy 4373 requirements regarding bullying.

3. Bullying resources.

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How bullying defined?

• Let’s examine the definitions.

-WV Legislative

-U.S. Department of Education

-Clinical

-FBI

-WVDE

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U.S. Department of Education

Bullying Definition: Bullying is unwanted, aggressive behavior among school aged children that involves a real or perceived power imbalance. The behavior is repeated, or has the potential to be repeated, over time. Bullying includes actions such as making threats, spreading rumors, attacking someone physically or verbally, and excluding someone from a group on purpose. (What is Bullying | StopBullying.gov)

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WV Legislative Definition

WV Legislative Definition: "Harassment, intimidation or bullying" means any intentional gesture, or any intentional electronic, written, verbal or physical act, communication, transmission or threat that: (see H.B. 3225, amending and reenacting § 18-2C-2 and § 18-2C-3, effective June 2011) http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=18&art=2C#02C

WV Legislative Definition(1) a reasonable person under the circumstances should know will have the effect of any one or more of the following: (A) Physically harming a student; (B) Damaging a student's property; (C) Placing a student in reasonable fear of harm to his or her person; or (D) Placing a student in reasonable fear of damage to his or her property; or (2) Is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or emotionally abusive educational environment for a student; or (3) Disrupts or interferes with the orderly operation of the school. (b) As used in this article, an electronic act, communication, transmission or threat includes but is not limited to one who is administered via telephone, wireless phone, computer, pager or any electronic or wireless device whatsoever, and includes but is not limited to transmission of any image or voice, email or text message using any such device

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FBI Definition

Cyberbullying and Sexting: Law Enforcement Perceptions and Definition: Willful and repeated harm inflicted through the use of computers, cell phones, and other electronic devices,” cyberbullying has become a growing concern.1 It includes sending threatening texts, posting or distributing libelous or harassing messages, and uploading or distributing hateful or humiliating images or videos to harm someone else.

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Clinical DefinitionClinical Definition: Bullying occurs when a person is exposed repeatedly and over time to negative actions on the part of one or more persons… bullying has four elements: (a) an imbalance of power (physical, intellectual, or emotional)(b) the action is repeated over time, (c) the action is intentional, and (d) there is an unequal display of emotion (Olweus, 1993).

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WVDE

Follows WV Legislative Definition: "Harassment, intimidation or bullying" means any intentional gesture, or any intentional electronic, written, verbal or physical act, communication, transmission or threat that: (see H.B. 3225, amending and reenacting § 18-2C-2 and § 18-2C-3, effective June 2011) http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=18&art=2C#02C

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(1) a reasonable person under the circumstances should know will have the effect of any one or more of the following: (A) Physically harming a student; (B) Damaging a student's property; (C) Placing a student in reasonable fear of harm to his or her person; or (D) Placing a student in reasonable fear of damage to his or her property; or (2) Is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or emotionally abusive educational environment for a student; or (3) Disrupts or interferes with the orderly operation of the school. (b) As used in this article, an electronic act, communication, transmission or threat includes but is not limited to one who is administered via telephone, wireless phone, computer, pager or any electronic or wireless device whatsoever, and includes but is not limited to transmission of any image or voice, email or text message using any such device

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Commonality of Definitions

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Policy 4373-Effective Date---July 1, 2012

-Repeal of Former Rule. -- This legislative rule repeals W. Va. §126CSR18, “Racial, Sexual, Religious/Ethnic Harassment and Violence” (Policy 2421) filed December 16, 1996 and effective January 16, 1997; W. Va. §126CSR20, “Regulations for Alternative Education Programs for Disruptive Students” (Policy 2418) filed July 14, 2000 and effective August 14, 2000; W. Va. §126CSR23, “Substance Abuse and Tobacco Control” (Policy 2422.5) filed May 16, 2005 and effective July 1, 2005; W. Va. §126CSR98, “Student Handbook – Student Right and Responsibilities” (Policy 4372) filed November 23, 1998 and effective December 23, 1998; and repeals and replaces W. Va. §126CSR99, “Student Code of Conduct” (Policy 4373) filed December 16, 2002 and effective

July 1, 2003.

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….. These regulations require county boards of education to design and implement procedures to create and support continuous school climate/culture improvement processes within all schools that will ensure an orderly and safe environment that is conducive to learning. Public schools must create, encourage, and maintain a safe, drug-free, and fear-free school environment in the classroom, on the playground, and at school-sponsored activities. …..

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Policy 4373Section 1-Addressing Inappropriate Behavior with Meaningful Interventions and ConsequencesPurpose: Provide schools with policy that creates and ensures an orderly and safe environment that is conducive to learning. This policy requires that all schools respond immediately and consistently to any behavior that disrupts the learning environment in a manner that effectively deters future incidents and affirms respect for individuals. Inappropriate behaviors include but are not limited to incidents of harassment, intimidation, bullying, substance abuse and/or violence. …………………………………http://wvde.state.wv.us/policies/p4373-new.pdf

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Level 1=Minimally Disruptive Behaviors ...Level 2=Disruptive and Potentially Harmful Behaviors …(County policies may reclassify Level 2 and 3 inappropriate behaviors depending on the severity)

Level 3=Imminently Dangerous, Illegal and/or Aggressive Behaviors-are willfully committed and are know to be illegal and/or harmful to people and/or property. **(Harassment/Bullying/Intimidation P.51-54)

Level 4=Safe Schools Act Behaviors-are consistent with those addressed in WV Code §18A-5-1a(a) and (b)

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Where was Bullying located in Policy 4373?

Level 3P. 51-54

ElectronicManualTest(WVDE Manual)

Behavior Definition

Harassment/ Bullying/ Intimidation

A student will not bully/intimidate/harass another student. According to West Virginia Code §18-2C-2, “harassment, intimidation or bullying” means any intentional gesture, or any intentional electronic, written, verbal or physical act, communication, transmission or threat that:

• A reasonable person under the circumstances should know will have the effect of harming a student, damaging a student’s property, placing a student in reasonable fear of harm to his or her person, and/or placing a student in reasonable fear of damage to his or her property;

•Is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or emotionally abusive educational environment for a student; or Disrupts or interferes with the orderly operation of the school.

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•An electronic act, communication, transmission or threat includes but is not limited to one which is administered via telephone, wireless phone, computer, pager or any electronic or wireless device whatsoever, and includes but is not limited to transmission of any image or voice, email or text message using any such device.

•Acts of harassment, intimidation, or bullying that are reasonably perceived as being motivated by any actual or perceived differentiating characteristic, or by association with a person who has or is perceived to have one or more of these characteristics, shall be reported using the following list: race; color; religion; ancestry; national origin; gender; socioeconomic status; academic status; gender identity or expression; physical appearance; sexual orientation; mental/physical/developmental/ sensory disability; or other characteristic.

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When harassment, intimidation or bullying are of a racial, sexual and/or r

ligious/ethnic nature, the above definition applies to all cases regardless of whether they involve students, staff or the public. Detailed definitions

related to inappropriate behavior of this nature are as follows:

When harassment, intimidation or bullying are of a racial, sexual and/or religious/ethnic nature, the above definition applies to all cases regardless of whether they involve students, staff or the public. Detailed definitions related to inappropriate behavior of this nature are as follows:

Sexual harassment consists of sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when: submission to the conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining or retaining employment, or of obtaining an education; or submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment or education; or that conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual's employment or education; or creating an intimidating, hostile or offensive employment or educational environment.Amorous relationships between county board employees and students are prohibited.

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• Sexual harassment may include but is not limited to:

• verbal harassment of a sexual nature or abuse; • pressure for sexual activity; • inappropriate or unwelcome patting, pinching or

physical contact; • sexual behavior or words, including demands for

sexual favors, accompanied by implied or overt threats and/or promises concerning an individual's employment or educational status;

• behavior, verbal or written words or symbols directed at an individual because of gender; or

• the use of authority to emphasize the sexuality of a student in a manner that prevents or impairs that student's full enjoyment of educational benefits, climate/culture or opportunities.

•

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• Racial harassment consists of physical, verbal or written conduct relating to an individual's race when the conduct:

• as the purpose or effect of creating an intimidating, hostile or offensive working or academic environment;

• has the purpose or effect of substantially or unreasonably interfering with an individual's work or academic performance; or

• otherwise adversely affects an individual's employment or academic opportunities.

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• Religious/ethnic harassment consists of physical, verbal or written conduct which is related to an individual's religion or ethnic background when the conduct:

• has the purpose or effect of creating an intimidating, hostile or offensive working or academic environment;

• has the purpose or effect of substantially or unreasonably interfering with an individual's work or academic performance; or

• otherwise adversely affects an individual's employment or academic opportunities.

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• Sexual violence is a physical act of aggression or force or the threat thereof which involves the touching of another's intimate parts, or forcing a person to touch any person's intimate parts. Intimate parts include the primary genital area, groin, inner thigh, buttocks or breast, as well as the clothing covering these areas. Sexual violence may include, but is not limited to:

• touching, patting, grabbing or pinching another person's intimate parts, whether that person is of the same sex or the opposite sex;

• coercing, forcing or attempting to coerce or force the touching of anyone's intimate parts;

• coercing, forcing or attempting to coerce or force sexual intercourse or a sexual act on another; or

• threatening to force or coerce sexual acts, including the touching of intimate parts or intercourse, on another.

• threatening or forcing exposure of intimate apparel or body parts by removal of clothing.

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• Racial violence is a physical act of aggression or assault upon another because of, or in a manner reasonably related to, race.

• Religious/ethnic violence is a physical act of aggression or assault upon another because of, or in a manner reasonably related to, religion or ethnicity

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Interventions and Consequences• Upon receipt of a complaint of racial, sexual and/or

religious/ethnic harassment or violence that has been substantiated through investigation, the appropriate school official shall take action appropriate to the status of the offender (student, staff or public guest).

• Such action for students may include all options listed above. Actions for staff may include but not be limited to, warning, suspension, termination, revocation of licensure, notification of law enforcement and/or human services.

• Actions for public guests may include but not be limited to removal from school property and school sponsored functions, notification of law enforcement and/or human services.

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Mandatory Reporting

• Required by law.

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Why #2: Legislative expansion of harassment/ intimidation/bullying…and reporting requirements.

Legislative Reporting Requirement: …A requirement that

each county board shall input into [WVEIS] and compile

an annual report regarding the means of harassment,

intimidation or bullying that have been reported to them,

and the reasons therefore, if known. The West Virginia

Department of Education shall compile the information

and report it annually beginning July 1, 2012, to the

Legislative Oversight Committee on Education

Accountability.

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Best Practices

1. Know your school-Norms-

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Why #1: School Climate

Reinforcing appropriate behavior and preventing discipline problems are important to ensuring a positive

and supportive school climate

Why is School Climate Important?

Why is School Climate Important?

• Some students experience barriers to learning (social, economic, health) that even the best instruction cannot overcome (Adelman & Taylor, 2000; Osher, Dwyer, & Jackson, 2004).

Source: Osher & Weissberg 2011 @ safesupportiveschools.ed.gov

Why is School Climate Important?

…It is imperative that the state shift the focus from merely compelling students to attend school to instead providing vibrant and engaging programs that … inspire students…

Source: §18-8-6. The High School Graduation Improvement Act.

Incident Based Reporting

Step 1: Specify the Incident(Refer to Handout)

•District/School

•Date and Time of Day the incident took place

•Type of Incident • overall, what was the nature of the incident?

• Location the incident took place

•Number Students and/or Staff Involved

Step 2: Provide Information for Each Person Involved

• Identify the Person

• IEP Status (for students involved)

•Discipline Offense Code• This may be different for each person involved. • Propose new codes to identify targets/victims/innocent

bystanders

•Was it BULLYING?????

•How Severe was the offense?

•What was the persons Motivation

•Number Students and/or Staff Involved

Step 2: Provide Information for Each Person Involved (Cont’)

•Who dealt with the offense for this person

•Disposition – what was the response to the offense for this person?• This may be different for each person involved. • Propose new codes to expand current list of disposition

codes

• If response is suspension/expulsion, for How Many Days?

Step 3: Use the Data—Reports, Charts, Crosstabs

• Number and/or Average Incidents per Day/Month/Year/etc.• Number and/or Average Students per

Incident.• Incidents and/or Discipline Reports by• Problem Behavior• Location.• Time of day• Student• Staff/Teacher• Etc…

Step 3: Use the Data—Examples

Step 3: Use the Data—Examples

Step 3: Use the Data—Examples

Step 3: Use the Data—Examples

Step 3: Use the Data—Examples

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Step 3: Use the Data—Examples

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Step 3: Use the Data—Examples

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Step 3: Use the Data—Examples

On-Line ResourcesU.S. Department of Education

What is Bullying | StopBullying.govWhat is Cyberbullying | StopBullying.govWho is at Risk | StopBullying.govPrevent Bullying | StopBullying.govRespond to Bullying | StopBullying.govGet Help Now | StopBullying.govWhy We Don’t Use the Word “Bully” to Label Kids | Blog | StopBullying.govBullying Prevention Training Center | StopBullying.govHome | StopBullying.gov

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Visit the StopBullying.gov’s new Bullying Prevention Training Center to access core resources, the Bullying Prevention Training Module and Community Action Toolkit, and eleven new, audience-specific user guides. These guides were developed in collaboration with over 40 partner organizations from the public and private sectors, which provided review and insightful feedback to the content. The user guides, available in English and Spanish, provide relevant statistics and best practices for each of the following groups:

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-Parents and caregivers-School administrators-Health and safety professionals-Law enforcement officers-Elected officials-Business professionals-Faith leaders-Youth organization leaders and mentors-Early education and childcare providers-Mental health professionals-Local recreation leaders

Labels and Kids/Training Center/Be More than a Bystander/Youth Engagement /What You Can Do /Updates/Videos http://www.stopbullying.gov/index.html /Federal & State Anti-Bullying Laws Policies & Laws | StopBullying.gov

– SDFSBullypage (Video)

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FBI– FBI — Cyberbullying and Sexting

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• West Virginia Department of Education– http://wvde.state.wv.us/policies/p4373-new.pdf– http://wvde.state.wv.us/healthyschools/documents/1hourPoli

cy4373OverviewPresentation3-2012.pptx

– Bullying Prevention – http://wvde.state.wv.us/healthyschools/documents/BullyingR

esources.doc

– http://wvde.state.wv.us/healthyschools/documents/BestPracticesinBullyingPrevention.pdf

– http://links.govdelivery.com/track?type=click&enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTIxMDA0LjEwOTgwODExJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDEyMTAwNC4xMDk4MDgxMSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3MTg4NTI0JmVtYWlsaWQ9cmh1bGxAYWNjZXNzLmsxMi53di51cyZ1c2VyaWQ9cmh1bGxAYWNjZXNzLmsxMi53di51cyZmbD0mZXh0cmE9TXVsdGl2YXJpYXRlSWQ9JiYm&&&103&&&http://www.ed.gov/blog/2012/10/giving-teachers-tools-to-stop-bullying-free-training-toolkit-now-available/

– http://www.eyesonbullying.org/ – https://msisac.cisecurity.org/cyber-pledge/ – http://www.stopbullying.gov/ – http://www.safetyzone.org/publications.html – http://www.psa-links.org/ – http://kidshealth.org/parent/emotions/behavior/bullies.html – http://www.aacap.org/publications/factsfam/80.htm – http://www.naspcenter.org/factsheets/bullying_fs.html – http://www.bam.gov/ – http://kathynoll.com/

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http://links.govdelivery.com/track?type=click&enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTIxMDA0LjEwOTgwODExJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDEyMTAwNC4xMDk4MDgxMSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3MTg4NTI0JmVtYWlsaWQ9cmh1bGxAYWNjZXNzLmsxMi53di51cyZ1c2VyaWQ9cmh1bGxAYWNjZXNzLmsxMi53di51cyZmbD0mZXh0cmE9TXVsdGl2YXJpYXRlSWQ9JiYm&&&103&&&http://www.ed.gov/blog/2012/10/giving-teachers-tools-to-stop-bullying-free-training-toolkit-now-available/ – http://www.eyesonbullying.org/ – https://msisac.cisecurity.org/cyber-pledge/ – http://www.stopbullying.gov/ – http://www.safetyzone.org/publications.html – http://www.psa-links.org/ – http://kidshealth.org/parent/emotions/behavior/bullies.html – http://www.aacap.org/publications/factsfam/80.htm – http://www.naspcenter.org/factsheets/bullying_fs.html – http://www.bam.gov/ – http://kathynoll.com/

U.S. Government Resources

http://www2.ed.gov/policy/gen/guid/school-discipline/index.html (Duncan Video and other Discipline resources) Department of Education and Justice Issue School Discipline to Promote Safe Schools

http://www.justice.gov/crt/about/edu/documents/dclspan.pdf (Spanish Version)Departments of Education and Justice Issue School Discipline Guidance to Promote Safe, Inclusive Schools

SAMHSA– Search Results: Bullying• Search Results: bullying prevention• Helping Parents Talk to their Children about

Bullying SAMHSA - SAMHSA News, September/October 2008, Volume 16, Number 5• Media Guidelines for Bullying Prevention | S

AMHSA Newsroom– Best Practices | StopBullying.gov– Additional on same site.

Video

• flickspire - Famous Failures

• A Must See for At-Risk, Struggling Students!

Teddy

• Motivating others.• Believing in others.• Make a difference

• flickspire - Make A Difference– Essence and power compassion has• Mary@MakeADifference.com

The Magic Pebbles

Make A Difference Story P. 15Gifts by the Side of the Road - FlashBook of SELECTED Stories

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Students

They are our future, invest in them!

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Questions or Suggestions

Contact Information

Shelly K. Stalnakershestaln@access.k12.wv.us

Coordinator, Safe Schools, Alternative Education, Character

WVDE Office of Secondary LearnBuilding 6, Room 603

304-558-5325