School Bullying & Racism
JOHN THORP
ED 8656
SPRING 2012
Outline
 Reason and Interest
 Statistics within bullying
 Brief history of Legislation
 Harassment, Bullying, Racism
 Schools’ Approaches, new threats
 Kowalski vs. Berkley Co. Schools
 Bullying/Racism within 2011/2012 school year
Bullying Statistics
• 1 out of 4 teens are bullied
• As many as 160,000 students stay home on any given day because
they're afraid of being bullied
• 1 out of 5 kids admits to being a bully
• A poll of teens showed they felt violence increased at their schools
• 80% of the time, an argument with a bully will end up in a physical fight
• 1/3 of students surveyed said they heard students threaten to
kill someone
*Source: stompoutbullying.org
Legislation
 Plessy vs. Ferguson (1896)

‘Separate but Equal’
 Gong Lum vs. Rice (1927)

Chinese-American student, attend Black schools
 State of Missouri ex rel. Gaines v. Canada (1938)

Lloyd Gaines, denied admission to Univ. of Missouri Law School
 Sweat vs. Painter (1950)

Herman Sweat, not admitted to Univ. of Texas Law School, school
provided unequal (though separate) education
 Brown vs. Board of Education (1954)

Overturn of Plessy vs. Ferguson, violation of Equal Protection clause
of 14th Amendment
Legislation (2)
 Title VI of the Civil Rights Act of 1964

Protection against racial intimidation while at school
 “No person in the United States shall, on the ground of race, color, or
national origin, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance” -(US Dept. of Educ.)
 Programs, activities covered by Title VI can receive financial assistance

Example: Admissions, Counseling and Guidance, Athletics
 OCR (Office Civil Rights) responsible for :

Ensuring institutions who receive assistance comply with Title VI
*Source: Dept. of ED.
Legislation (3)
 Title IX, of the Education Amendments (1972).

Equality in athletics, but also prohibits sexual harassment,
intolerance which denies the student of benefits of an education and
school programs.
 Both Title VI and IX declare racial and sexual harassment
are impermissible forms of discrimination

In turn, schools required to have programs to prevent racial and
sexual harassment
*Source: Dept. of ED.
School’s Approach and Factors
 In regards to bullying/racism in schools…

Maintaining Student Handbook, Code of Conduct

Bullying, no long within the school…


New front, cyber bullying
Determining the fine line within legal twist of bullying
Kowalski vs. Berkley County Schools
Case Study
 Brief Background

Kara Kowalski, created and managed a MySpace page titled “S.A.S.H.” or “Students
Against Shay’s Herpes” , which invited fellow students to target, offend, and
embarrass one specific student. Although created at her home during after school
hours, the target student’s family with the school investigated Kowalski’s page. The
school district took action, and determined disciplinary action in accordance with
violation of Student Code of Conduct. With harassment, intimidation, and bullying
she was suspended from school, school events, permanently removed from the
Cheerleading Team.

Kowalski felt the school district’s punishment violated her 1st Amendment, due
process, and claimed “intentional infliction of emotional distress”. In addition, that
‘harassment’ under the school policy was vague
 What did the District Court conclude???
*Source: Kowalski vs. Berkley County Schools 10-1098
Kowalski vs. Berkley County Schools (2)
On appeal of 1st Amendment Rights and infliction of ‘emotional distress’…
Court of Appeals concluded:





Kowalski’s actions at her home were not only foreseeable, but had the potential to reach
and impact the high school.
The Myspace page primarily included students of Musselman High School.
The page’s name included the word “Students”.
There was verbal anticipated that the targeted student would see the page.
That a vast majority of the group was Musselman High School students, invited by
Kowalski.
*Source: Kowalski vs. Berkley County Schools 10-1098
Case Study
 Daniel Boone S.D. Incident

Should have the administration handled the situation differently?

Was the punishment just for the 4 boys?

What legal repercussions could there be? (For the boys and/or district)

Has the school discovered a positive resolution and plan to move forward
with?
Conclusion
 Bullying, harassment, racism has and (to some extent) will probably
always have some form of existence within schools.
 Whether Title IX or Title VI, there is protection within schools.
 Cooperation, involvement of administrators, teachers, students,
parents and community at whole are key factors within upholding a
positive school environment.