Meeting the Requirements of the

Dignity Act SAANYS

Saratoga Springs, NYPresented by:

Dr. Susan Lipkins Dr. Karen Siris

April 2, 2012 bullyinterventionexperts@gmail.com

Bullying Prevention

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. regulationswhen peer harassment based on race, color, national origin, sex, or disability is sufficiently serious that it creates a hostileenvironment and such harassment isencouraged, tolerated, not adequatelyaddressed, 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 Law

The 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 New York Law Dignity Act

THE DIGNITY ACT INSURES THAT SCHOOLS:

promote civility and a safe, nurturing environment

prevent harassment, discrimination, or bullying by students or employees

provide a response to students who are harassed and bullied at school.

The New York LawDignity Act

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

The New York Law Dignity Act

Dignity Act and Student InstructionEducation 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

The New York LawDignity Act

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:

REQUIRES: An age-appropriate version

of the policy written in plain-language

to be included in thecode of conduct

NOTE: Codes of Conduct are to be posted on the school web site

The New York LawDignity Act

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, and perceived 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)

The New York LawDignity Act

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 CYBERBULLYINGON 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.

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.

TYPES OF BULLYING BEHAVIORS

PHYSICAL Hitting, punching,

tripping Kicking, pushing,

scratching Damaging/stealing

property

VERBAL Name calling,

teasing, taunting Making offensive

remark Making

discriminatory remarks

Verbally threatening, intimidating

SOCIAL/EMOTIONAL/ RELATIONAL

Excluding or threatening to exclude

Spreading rumors, gossiping

Ostracizing, alienating

Using threatening looks or gestures

Extortion

CYBERBULLYINGUse of the internet or cell phone to harass and intimidate

Cyberbullying is: Harasssment via digital devices:

emailinstant messaging

social networks (face book)chat room exchanges

website postscell phones

Cyberbullying vs. face to face bullying

Anonymity

Accessibility

Bystander

Punitive Fears

Victims of cyberbullying often do not report in fear that their computer or phone privileges will be taken away.

Gender Differences

Males tend to use physical aggression such as hitting,

pushing, slapping, and elbowing another child Females tend to use the tactics of social alienation and

intimidation, such as exclusion from play, manipulation of friendships, gossiping maliciously, or writing malicious notes

Males and females both use extortion

Familial Aspects Mirroring - how we learnChild is observing mom, dad or sibs

as the bully and identifying with them

Child is victim of bullying at home and perpetrator of bullying in school

Child is being bullied at home by siblings

or parents and is a victim

Psychological Aspects

Human nature?ConditioningGeneticsAlleles - The short allele of the MAOA gene induces fear of social rejection, ... those with this allele show greatest conformity to group norms to avoid rejection.

(http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2853930/)

School AspectsBullying incidents are too often unnoticed or ignored

No clear rules and consequences Culture of “tattling” rather than “telling” or “ratting” rather than “reporting”

Little principal involvement with studentsPoor cohesiveness and communication among staff members and between the staff and the principal

Lack of respect among all constituents

School Risk Factors

Lack Of Clear Expectations, Both Academic And Behavioral

Lack Of Commitment Or Sense Of Belonging At School

Academic FailureParents And Community Members Not

Actively Involved

School Protective Factors

Communicates High Academic And Behavioral Expectations

Encourages Goal-Setting, Academic Achievement And Positive Social Development

Positive Attitudes Toward SchoolFosters Active Involvement Of Students,

Parents And Community Members

Questions ???

The PlayersTHE BULLY

THE TARGET/VICTIM

THE BYSTANDER

Spotting “the bully”Bully may possess a superior trait

AttractiveAthletic Sociable

Bully leads by intimidation Others follow to avoid becoming the next

Bully gains power by the amount of followers

MORE FOLLOWERS = MORE POWER

Characteristics of BulliesBullying is classified as a “conduct disorder” by the American Psychiatric Association

Bullies have average levels of self esteem

Bullies enjoy being in control and like to subdue others

Bullies see slights and hostilities when none are meant

Characteristics of Bullies

Lack EmpathyDisplay Verbally Aggressive Behavior

Display Physically Aggressive Behavior

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.

The Bully/Victim Cycle

Identification with the Aggressor

Victims who have been repeatedly bullied often have an increase in aggression

When they are put in a position of control or power they identify with the bully and do onto others what has been done to them

Thus the victim becomes the bully

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 VictimDepression: rat experimentAnxietyLoss 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.

WHAT SCHOOLS CAN DO

Schools need to implement bullying prevention and intervention strategies that fit their school culture

Establish a district policy to prevents and intervenes in all forms of bullying, cyberbullying and harassment

Social and Emotional LearningChildren need safe, supportive, and empowering

learning environments so they can thrive in school, at home, and in their friendships. Emerging scientific evidence indicates that helping children to become emotionally literate – developing the skills of recognizing, understanding, labeling, expressing, and regulating emotion – is possible and beneficial. It requires support from all the adults involved in the education of children (teachers, school leaders, and parents), evidence-based practices, and continuous skill-building opportunities from preschool through high school.

• Dr. Marc Brackett, Yale University, 2011

Positive Culture (what we do in schools) = Positive School Climate (how we feel in schools)

All adults in school:Display warmth, positive tone, interest and involvement talk to each other and students with respect and understanding

alert other staff members if they are displaying unacceptable behavior toward a student

structure activities to minimize opportunities for exclusion

Establish a system of rewards that positively reinforces Pro-Social Behaviors

• Rewards should be given to those adults and students who truly and meaningfully achieve anti-bullying goals

• Reward bystanders for intervening or reporting bullying.

• Reward teachers for establishing bully-free classrooms.

• Reward support staff for reporting appropriate information; i.e. as is done with tip lines.

HOW?Commit to training all constituents of the school community in prevention and intervention strategies

Establish a bully intervention team (BIT) at the school building level

to insure adherence to the district policy….

Bully Intervention Team

Who: Principal, mental health professionals, guidance counselors, teachers, non-teaching staff (aides, bus drivers, custodians)

What: Create a bully intervention plan that includes methods for prevention and intervention.

Bully Intervention Team:Creates anti-bullying policyCreates a reporting system that uses a

“DECISION TREE” with specific plans of action when incidents are reported

Develops and publicizes hierarchal consequences for bullying behaviors

Develops intervention strategies and trains stakeholders

Reward pro-social behaviors that support the policy

Training to Report – WHO?

studentsadministration,security personnel,teacherscoaches,bus driversaidescustodial staffparents

Develop Specific Systems to Report

Develop a 24/7 district-wide anonymous, online system and a telephone hotline; publicize the system

Create “suggestion boxes” in each classroom and at other locations that give students the opportunity to communicate their concerns.

Primary goal is to create a culture where students feel comfortable reporting to a responsible adult

Telling vs. TattlingTattling

“When you tell on someone to get them in trouble.”

Telling - Reporting

“When you are telling an adult because you are trying to keep yourself safe, someone else safe or keep the school safe.”

Should there be consequences for Failure to Report ???

...for personnel who do not report information regarding bullying and other threatening behaviors (similar to child abuse mandates)

…for students who do not report information regarding bullying and other threats of violence.

Rationale for threat assessment

FBI and the Secret Service conducted studies of school shootings and found that the perpetrators were often victims of bullying who had become angry and depressed, and were influenced by a variety of social, familial, and psychological factors (O’Toole, 2000; Vossekuil, 2002).

Implications for the schoolIssue of homicide/suicide and bullycide.

Decision TreeEvaluate the incident/threatIs threat transient or substantive?

Get specifics by interviewing the victim, bully and bystanders, individually.

Write down the exact content of the event and statements made by each.

Consider the circumstances and intent.

INCIDENT/Threat REPORTED TO BULLY INTERVENTION TEAM

Step 1. Evaluate Incident• interview the instigator, the recipient and the

bystanders• record the statements• review the circumstances and the intentions of all

parties

Incident is clearly transient

Incident issubstantive or

Not clear

Step 2. Decide whether incident is clearly transient or substantive

• Consider criteria for transient versus substantive incidents

• Consider student’s age, credibility, and previous discipline history

Incident is clearly transient

Incident is very serious

Step 3. Respond to transient Incident: reprimand,Parent notification, etc. Student can make Amends and attend mediationor counseling

Step 4: Decide whether substantive incident isserious or very serious(threat to assault, use weapon, rape, inflict serious injury

Step 5: Respond to serious Substantive threat• Take immediate pre- cautions to protect victim• Notify victim’s parents• Notify student’s parent• Consider contacting Law Enforcement• Refer student for counseling, mediation or appropriate mediation• Discipline student appropriate to severity of situation

Step 6. Respond to VERY Serious Substantive threat

• Conduct safety evaluation• Take immediate precautions to protect victims • Notify victim’s parents• Notify student’s parents• Consult with law enforcement• Begin a mental health evaluation of the student• Discipline student as appropriate

Step 7. IMPLEMENT A SAFETY PLAN

• Complete a written plan

• Maintain contact with the student

• Revise plan as needed

Incident InterviewWho does the interview?

How will the interview be conducted?

When will the interview take place?

Where will the interview occur?

What form will be used?

Disciplinary ConsequencesHierarchial Verbal warning/reprimand to stop bullying behaviors

Parent notification of behavior and expectations

Counseling/support for victim and bully

In-school or out of school suspension

Student can make amends – restorative justice type of activity

Disciplinary Consequences

SEVERE INCIDENT – If child poses a threat to psychological or physical well being of the school constituents – disrupting learning environment by acttions

Alternate school assigned if possibleHomebound instruction until

placement assignedExpulsion is recommendedLaw Enforcement consultedLaw Enforcement contacts bully and

others involved in case

Disciplinary - LogisticAlter schedule of bully to increase supervision

Alter schedule of bully to minimize contact with recipient

Change or lose transportation

Add adult presence to protect victim

Other safety precaution

Therapeutic Discipline Strategies

Student is evaluated for special education

Mental health evaluation by school staff

Mental health evaluation by outside agency

Services: School based counselingOutside counselingOut of district therapeutic placement

Questions ???

Early Intervention

Identify, monitor and track the health and well being of victims or students at risk

Identify students with leadership skills and re-direct them to become more positive leaders

Establish a mentor system in which adults mentor students who are likely to be victimized

Encourage the community to connect to school personnel with their concerns

Mental Health Interventions/guidance counselors, social workers and

psychologistsWork with individuals who have been identified as being “pre-victims” or “pre-bullies” to change their behaviors

Provide crisis intervention services to victims, bystanders and bullies at the time of an incident

Be the point person for victims and bullies and develop a special working relationship

Work individually and in groups to develop empathy

Victim-Intervention

Give victims a VOICE

Teach victims to say NO!-verbally and with appropriate body language

Teach victims to travel with a buddy

Victim-Intervention

Provide class experiences where victim is paired with other students to increase pool of relationships and desensitize others to victim

Encourage independent thinking for victim and class, in order to resist bully

Give victims a point person to go to for support and to report incidences.

Victim- Counseling

to change behaviors which increase the likelihood of being victimized

to reduce sensitivity

Provide assertiveness training groups

Involve parents appropriately.

Bully-Intervention

change the dynamics of power so that the bully is not overtly or covertly reinforced by the teacher, coach or other authority figures

identify the bully as having anti-social behaviors which will lead to trouble

listen to the bully and give him/her a point person to speak with whose role is to help the bully use their leadership skills in a positive manner, emphasizing cooperation, collaboration and equality.

develop empathy in bully

Bully-Counselinguse individual counseling sessions to develop empathy and identification with the victim

try to develop insight and understanding of why the bully behaves in that manner

provide alternative approaches to interactions and model cooperative behaviors

discuss short and long term consequences of being a bully

involve parents as needed

Bystander Intervention“The whole drama is supported by the

bystander. The theater can’t take place if there’s no audience.”

(Labi, N. “Let Bullies Beware.” Time online, March 25, 2001.)

ENCOURAGE bystanders to: Speak up to bullies if it is safe to do so

Band together as a group against bullies

Avoid joining in Ask adults for help Reach out as friends to isolated peers, be an ally, offer support

Continue to offer victim support at future time

Turning Bystanders into Upstanders• Help students understand the dynamics of bullying situations – 80% of students stand by and watch

• Train interested students in teaching the strategies of upstanding behaviors

• Help the students understand the power they have to make a difference – that THEY are the solution  

Turning Bystanders into Upstanders

• Insure that bystanders understand that adults will support their actions

• Teach all children about the reporting system that is in place in your school

• Reward “upstanding” behaviors and make them the norm.

Teacher Intervention Strategies

Create classroom environments that minimize opportunities for exclusion

Create classroom charters that focus on how the children want to feel in school, what they have to do to insure they feel that way

Suggested simple classroom rules: We shall not bully other students

We shall try to help students who are

bullied We shall make a point to include

students who are left out

When we can not help, we will get help from an adult

Teacher Intervention Strategies

Be aware of student friendship and create working partnerships and groups for students that promote positive interactions

Hold class meetings that air student’s concerns and feelings (group guidance, advisory)

Be on the alert for bullying behaviors and step in… Refer to the class charter

Follow established guidelines for hierarchal consequences that have been established for bullying behaviors (physical, social, emotional)

Teacher Aide/Monitor/Bus Drivers

Intervention Strategies Adequate numbers of TRAINED support

staff during unstructured time such as recess, lunch room, hallway passing, bus stops, etc. should be available

SUPPORT STAFF: should be trained in bullying prevention and intervention strategies

should adhere to school rules and acceptable behavior policy

should have time to communicate with classroom teachers and supervisors

Teacher Aide/Monitor Intervention Strategies

should be trained to provide structured games that are inclusive of many children

should keep an eye out for children who are alone during lunch and recess and insure that they join in a game or conversation

should be trained in a reward and consequence system that reinforces positive behaviors and have authority to implement it

should be on alert for bullying behaviors and quickly intervene and report

Parent Intervention Strategies

Parents should follow the same guidelines that the school uses when they observe bullying at home

Establish rules that are acceptable during social gatherings and computer time

Tell the bully to stopImpose consistent consequences at

home for the bully, just as they are given consequences at school

Parent EducationParents will be taught to recognize the signs of bully and victim behaviorsParents will be encouraged to model appropriate upstander behaviorParents will be taught when and how to

interveneParents will learn how to report

incidentsParents will learn how to support

children who are being victimized by bullying and cyber bullying

Parents need to confront excuses and not accept the answer “just joking.”

Caring Majority Program Invite 6th grade students to help

create a CARING MAJORITY

Train 6th graders through workshop Create an “upstander” philosophy “ambassadors” form teams and create

their own grade level presentations“ambassadors” take a mentoring role

in the grade level they have chosenCaring Majority becomes a part of the

school culture and enhances a positive school climate.

Caring Majority Ambassadors

Seek the help of students to spread the word about thedangers of bullying - can be done at various ways at all levelsCaring Majority Ambassadors - Elementary Caring Allies – Middle School Natural Helpers – High School

• Training given by principal with support of social worker/psychologist

• Students train the classmates on the importance of inclusion, empathy and caring about each other

• On-going partnerships/mentoring established between older and younger students

CARING MAJORITY AMBASSADORS

PROBLEM: Too many of our students are coming to school unable to learn because they are consumed by the fear of being bullied on a daily basis.QUESTION: How can we create effective bullying prevention and intervention in our schools so that ALL children feel emotionally safe and able to learn?

Choose a data collection plan for building bully survey climate survey interviews, questionnaires

Review and Interpret DataDevelop data- driven

Intervention/Prevention PlanImplement intervention training for all

constituentsCreate an effective reporting systemEstablish a hierarchy of consequencesContinually re-assess the effectiveness

of the plan (reflection

action)

ACTION PLAN

Today’s presentation is available on-line at:

bullyinterventionexperts.co

m