BULLYING IN HIGHER ED Fay R. Trachtenberg, Esq. Associate University Counsel Temple University BULLYING IN HIGHER ED Unique environment Student Issues Employee Issues Faculty Staff Professionals How do we manage their conduct? BULLYING IN HIGHER ED Most colleges and universities have specific codes of conduct for students and employment standards for faculty and staff. STANDARDS OF CONDUCT Create an educational and work environment free from uncivil and potentially unlawful behavior Coverage conduct that violates common decency (civility) threatens the safety, and rights of others in the community Delineate the consequences of violating these standards BULLYING IN HIGHER ED Very few have specific policies on bullying Bullying may be directly referenced codes/policies but more often than not, these codes/policies prohibit generalized uncivil behavior. WHY IS THIS SO? Bullying is not recognized as per se illegal Other avenues to hold a ‘bully’ responsible: Harassment based on protected classifications Code of Conduct Violations (Students) Employee Manual Standards of Conduct (Faculty and staff) Computer/Technology Usage Policies – cyber-bullying BULLYING IN HIGHER ED Perception that those in charge: Fail to define bullying as problematic behavior Tolerate Bullying behavior Set employees or students against each other for rewards Productivity = Promotion Good Grades = Law Review/Prestigious Residency Leave victims to fend for themselves HOW DO WE COMBAT THIS? Reliance on: Codes of Conduct (Students) Employment Standards (Employees) Professional Codes of Ethics/Oaths Training Anti-harassment Anti-retaliation Civility Anti-Bullying Counseling/Coaching Consequences Delineate a variety of avenues to pursue assistance BULLYING IN HIGHER ED GRADUATE PROFESSIONAL SCHOOLS No cognizable duty to protect No responsibility to stand in loco parentis No custodial relationship Keep in mind: Students training to be professionals Inherent in the situation is the fact that they are adults and should be treated as such Need to be able to manage the instances of incivility in their learning environment so that they can have the tools to do so in their work environment Schools should communicate the avenues to pursue assistance if needed (Dean of Students/Student Affairs/Care Team) Need to develop the ability to know when to ask for help and be their own best advocate GRADUATE PROFESSIONAL STUDENTS Size of many professional schools smaller than undergrad Faculty/Administration more attuned to what is going on Emphasize code of professional ethics Model appropriate professional behavior BULLYING IN HIGHER ED LIABILIT Y Liability theories suggested Negligence University/Student Relationship Landlord – Tenant Landowner/Business Invitee All deal with criminal actions and most jurisdictions do not consider bullying to be criminal. BULLYING IN HIGHER ED LIABILIT Y Despite this, behavior can rise to the level of being criminally actionable (Tyler Clemente case) Liken bullying to harassment 1986 - Meritor Savings Bank, FSB v. Vinson – The Supreme Court first recognized “sexual harassment” as a violation of Title VII and established the standards for levels of employer liability 1998- Oncale v. Sundowner Offshore Services, Inc – Supreme Court upholds complaint based on same sex harassment. 1998 - Faragher v. City of Boca Raton - Supreme Court decision that establishes that an employer is subject to vicarious liability for hostile environment created by a supervisor Exposure about the issue Acknowledging Harm Education BULLYING IN HIGHER ED Examples of current policies/codes of conduct in Higher Education: ROWAN UNIVERSIT Y In compliance with New Jer sey Executive Order #49, Rowan Univer sity is committed to ensuring the safety and security of the Univer sity’s workplace. Violence against employees can take many forms including harassment or bullying , intimidation, threats, threatening behavior (with or without the use of technology) and physical acts of violence. Threats and/or threatening behavior, or acts of violence by Univer sity employees against themselves, other staf f member s, faculty, students, visitor s or other individuals while on Univer sity proper ty or using Univer sity facilities will not be tolerated and are causes for removal from the workplace and may result in discipline including possible termination of employment. Each Univer sity employee has a responsibility to repor t any threatening or violent behavior when a member of the Univer sity community or visitor s to the campus exhibits such behavior. Rowan University Workplace Violence Policy in its entirety can be found at: http://www.rowan.edu/hr/affirm/pdfs/Final_Workplace_Violence_Policy_052411.pdf NJ Executive Order 49 http://www.nj.gov/infobank/circular/eow49.htm ROWAN UNIVERSIT Y CLASSROOM BEHAVIOR POLICY & PROCEDURES Th e fo l low ing pro ce dure s a ppl y to c l a ssrooms a s we l l a s s t ude n t i n te ra ctions w i th i n s t ruc tor s i n l a bs , o f fi c e s a n d ot h e r c a m pus l e a rning e nv iro nment s. Rowa n Un i ver sit y re c o g niz es t h a t s t ude n t s pl ay a m a j or pa r t i n c re a t i ng a n d s uppo r t i n g t h e e duc a t i o nal e nv ironme nt a n d be l i eves t h a t s t ude n t s h ave a ri g h t to l e a rn a n d a re s po n sibilit y to pa r t i c i pa te i n t h e l e a rnin g pro c e s s . Wh i l e Rowa n Un i ver sit y i s c o m mit te d to t h e fun da m e nt al pri n c i ples o f fre e do m o f s pe e c h, i n c ludi ng c o n t rover sial po s it ions t a ke n i n t h e c l a ssro om, a l l t y pe s o f s pe e c h a n d be h av ior m us t be ba l a n c ed w i t h pri n c i ples o f a ppro pri a te c l a ssro om be h av ior. Two l evels o f D i s rupti on Leve l I – exa m ples i n c lude : s l e eping i n c l a s s, pe r s iste nt s pe a king w i t h o ut pe rm i ssion , i n a ppro priate us e o f e l e c t ro nic dev i c es… Leve l II – exa m pl es i n c l ude: e n g aging i n phy s i c al v i o lenc e, t h re a t s , h a ra s sment , i n t i mida t ion, b u l ly ing , c o e rc i o n, a n d/ o r ot h e r c o n duc t w h i c h t h re a te n s o r e n da n ger s t h e h e a lt h o r s a fet y o f a ny pe r s o n a s de s c ri bed i n t h e St ude n t Co de o f Co n duc t h t t p: / / w w w. rowan. edu/ provost /policies/doc ument s/Classro omBehavio rPolic y. 04 . 1 2 _ 0 01 . pdf MILLERSVILLE UNIVERSIT Y I n r e s p o n s e to t h e ev e n t s a t Ru t g e r s U n i v e r s i t y, M i l l e r s v i l le ’ s I n te r i m A s s i s t a n t to t h e P r e s i d en t f o r S o c i a l E q u i t y a n d D i v e r s i t y s e n t o u t a m e m o to t h e U n i v e r s i t y c o m mun i t y a b o u t C y b e r b u l ly i n g . Recent events involving the misuse of the Internet have raised concern on campuses n a t i o n a l l y. T h i s h e i g h t e n e d c o n c e r n p r e s e n t s a n o p p o r t u n i t y t o r e m i n d u s a l l o f t h e i n h e r e n t responsibility that defines what it means to be a member of the Millersville campus c o m m u n i t y. A s f a c u l t y, s t u d e n t s , s t a f f a n d a d m i n i s t r a t o r s , w e s h a r e a c o l l e c t i v e r e s p o n s i b i l i t y t o ensure that Millersville University is a place that values the diversity of opinion and perspectives, and where each member of our community can feel safe and supported. T h e t r a g i c e v e n t s l a s t y e a r a t R u t g e r s U n i v e r s i t y, U n i v e r s i t y o f M i c h i g a n , a n d h i g h s c h o o l s a c r o s s t h e c o u n t r y, c o u p l e d w i t h t h e r e c e n t m o v i e " T h e S o c i a l N e t w o r k " , u n d e r s c o r e t h e h u g e c h a n g e s taking place in our world - the easy access to instant communication and the power people have to use that networking for greater "interconnectedness," but also the possibility that it can be used for thoughtless or malicious aims. The evolving use of technology - social networking sites ( M y S p a c e , F a c e b o o k ) , b l o g s , t e x t m e s s a g i n g , w e b c a m s , a n d Tw i t t e r, j u s t t o n a m e a f e w , a r e wonder ful ways the world stays connected. At the same time, these platforms present oppor tunities for misuse and for people to harm others when the technology is used without r e g a r d t o c o n s e q u e n c e s a n d w i t h o u t r e s p e c t f o r o n e a n o t h e r. Please take the time to thoughtfully reflect on your own attitudes and beliefs about privacy and respect for others. It is essential for the safety and well -being of our campus community and our s o c i e t y t h a t w e c o n t i n u e t o e n s u r e t h e h i g h e s t l e v e l o f r e s p e c t , i n t e g r i t y, a n d d e c e n c y i n o u r i n t e r a c t i o n s w i t h o n e a n o t h e r. T h i s i s i n f a c t , t h e M i l l e r s v i l l e w a y, a n d s t r i k e s a t t h e v e r y c o r e o f our institutional values, mission and strategic directions. h t t p : / / w w w. m il l e r s v i ll e . e d u/ s o c ia l e q / c y b e r - b ul l yi n g - p o l i cy.p h p RUTGERS UNIVERSIT Y On their Of fice of Student Af fair s Compliance website, Rutgers University has a published Statement of Principles that says, in par t: “ Intolerance, bigotr y and bullying are antithetical to the values of the univer sity, and unacceptable within the Rutger s community. Verbal assault, harassment, intimidation, bullying or defamation inter feres with the mission of the univer sity and each member of this community is expected to be suf ficiently tolerant of other s so that all students are free to pur sue their goals in an open environment, able to par ticipate in the free exchange of ideas, and able to share equally in the benefits of our educational oppor tunities . Beyond that, each member of the community is encouraged to do all that she or he can to ensure that the univer sity is fair, humane, and responsible to all students. The Policy A gainst Verbal Assault, Harassment, Intimidation, Bullying and Defamation seeks to establish cer tain minimum standards in order for the community to be able to fulfill its mission .” T h e r e i s a d i r e c t l i n k t o t h e i r P o l i c y A g a i n s t Ve r b a l A s s a u l t , H a r a s s m e n t , I n t i m i d a t i o n , B u l l y i n g and Defamation as well as contacts at each campus who have been identified to handle complaints. http://compliance.rutgers.edu/bullying RUTGERS UNIVERSIT Y Policy A gainst Verbal Assault, Harassment, Intimidation, Bullying and Defamation B u l ly i n g , i n t i m id a t i o n , a n d h a r a s s m e n t: a p e r s o n a c t s w i t h t h e p u r p o s e to b u l l y, i n t i m id a te , a n d h a r a s s a n o t h e r b y : - M a k i n g , o r c a u s i n g to b e m a d e , a c o m m un i ca t i o n o r c o m m un i ca t i o n s ( i n c l ud i n g t h e u s e o f e l e c t ro n i c a n d / o r s o c i al m e d i a ) a n o ny m o us l y o r a t ex t r em e l y i n c o nv e ni e n t h o u r s , o r i n o f f e n s i v el y c o a r s e l a n g ua g e , o r a ny o t h e r m a n n e r l i ke l y to c a u s e a n n oya n c e o r a l a r m ; o r - S u b j e c t in g a n o t h e r to s t r i k i n g , k i c ki n g , s h o v i n g , o r o t h e r o f fe n s i ve to uc h i n g , o r t h r e a te n i n g to d o s o ; o r - E n g a g i ng i n a ny o t h e r c o u r s e o f a l a r m i n g c o n d uc t o r o f r e p e a te d l y c o m mi t te d ac t s w i t h p u r p o s e to a l a r m o r s e r i o us l y a n n oy s u c h o t h e r p e r s o n , s u c h t h a t t h e b e h av i o r s u b s t a n t ia l l y d i s r up t s o r i n te r fe r e s w i t h t h e o r d e r ly o p e r a t io n o f t h e i n s t i t ut i on o r t h e r i g h t s o f o t h e r s t u d e n t s to p a r t i ci p a te i n o r b e n e f i t f r o m t h e e d u c a t io n a l p r o g r a m . Fo r f u l l p o l i c y – p l e a s e s e e : h t t p : / / c o mp l i a nc e . r ut g e r s . e d u/ i ma g e s / up lo a d s / fi le / Po li cy _ A g a i n s t _B ull y in g _ H a r a s s m e n t _ A s s a ul t _I n t i mi d a t i o n _ De f a m a t io n . p d f RUTGERS UNIVERSIT Y In order to reinforce institutional goals of nondiscrimination, tolerance, and civility, the following policy against verbal assault, harassment, intimidation, bullying, and defamation is intended to inform students that the verbal assault, harassment, intimidation, bullying and defamation of others violates acceptable standards of conduct within the university. http://compliance.rutgers.edu/images/uploads/file/Poli cy_Against_Bullying_Harassment_Assault_Intimidation_ Defamation.pdf (This policy is not intended to supersede the university's policy against sexual harassment.) KEAN UNIVERSIT Y Policy on Harassment, Intimidation and Bullying http://kean.edu/KU/Poli cy -on-Harassment -Intimidati on -and -Bull ying Students are prohibited from engaging in harassment, intimidation or bullying. A student will be found responsible for harassment, intimidation or bullying if he or she engages in conduct, including any gesture, written, verbal or physical act, or any electronic communication (which includes e -mails, text messages, and Internet postings on web -sites or other social media), whether it be a single incident or series of incidents, that occurs on the University’s campus, through use of University facilities, or at any function sponsored by the University or any University -related organization, on or of f campus; that is so severe or pervasive and objectively of fensive that it substantially disrupts or interferes with the orderly operation of the University or the rights of any student or other member of the University community; and that: KEAN UNIVERSIT Y 1 . involves intimidation or threats to another person's safety, rights of personal privacy and property, academic pursuits, University employment, or participation in activities sponsored by the University or organizations or groups related to the University; or 2. a reasonable person should know, under the circumstances, will have the ef fect of insulting or demeaning any student or group of students; or KEAN UNIVERSIT Y 3. creates an intimidating or hostile environment by substantially interfering with a student’s education, or by materially impairing the academic pursuits, employment or participation of any person or group in the University community, or by severely or pervasively causing physical or emotional harm to the student or other member of the University community; or 4. a reasonable person should know, under the circumstances, will have the effect of physically or emotionally harming a student or other person or damaging the person’s property or placing him/her in reasonable fear of physical or emotional harm to his/her person, or to any member of that person's family or household, or of damage to his/her property. EASTERN WASHINGTON UNIVERSIT Y BULLY I N G P RE VE NTION A N D RE SP ON SE STA NDARDS OF C ON DUC T Policy Eastern Washington University will not tolerate bullying behavior directed toward any member of the university community or to any person on university property. Scope All EWU programs (educational) and employment. Members, visitors, guests must comply Reprisal or Retaliation Confidentiality References Definition of Bullying Complaint Process Sanctions or Disciplinar y Actions Responsibilities Employees, Students and Guests University President University Officials and Supervisory Employees EASTERN WASHINGTON UNIVERSIT Y Where to Report Bullying Grid (Preferred Official and Alternate Official) Informal Complaint Process Includes informal meeting between parties Mediation Formal Complaint Process Bullying Complaint Form http://cfweb.ewu.edu/policy/PolicyFiles/EWU_901_04.pdf PENN STATE UNIVERSIT Y Workplace Bullying Repeated and unreasonable actions of individuals (or a group) directed towards an employee (or a group of employees), which is intended to intimidate and create a risk to the health and safety of the employee(s). Points out dif ferences from harassment Harassment is one type of illegal discrimination and is defined as offensive and unwelcome conduct, serious enough to adversely affect the terms and conditions of a person's employment, which occurs because of the person's protected class, and can be imputed to the employer. Protected classes in employment are race/color, creed (religion), national origin, sex, marital status, disability, and sexual orientation/gender identity. Examples of what to do Employee Employer http://www.police.psu.edu/workplaceviolence/bullying.shtml TEMPLE UNIVERSIT Y EMPLOYEE MANUAL Employee Conduct 12.3 Violence in the Workplace Temple University is committed to providing a safe, healthful workplace that is free from violence or threats of violence. For purposes of this employment standard, workplace violence is any violent or potentially threatening behavior that arises from or occurs in the workplace that affects university faculty, employees, students and visitors. Temple University does not tolerate behavior, whether direct or through the use of university facilities, property or resources, that: o is violent. o threatens violence. o harasses or intimidates others, including stalking or bullying behavior. o interferes with an individual’s legal rights of movement or expression. o disrupts the workplace, the academic environment or the university’s ability to provide service to the public. TEMPLE UNIVERSIT Y EMPLOYEE MANUAL V i o le n t o r t h r e a te n i n g b e h av i o r c a n i n c lud e p hy s i c a l a c t s , o r a l o r w r i t te n s t a te m en t s , h a r a s s in g t e l e p h o n e c a l ls , g e s t ur e s a n d e x p r e s s i o n s , o r b e h av io r s s u c h a s s t a lk i n g o r b u ll y in g . Individuals who engage in any conduct prohibited by this standard may be banned from u n i v e r s i t y p r o p e r t y, a n d m a y b e s u b j e c t t o d i s c h a r g e o r o t h e r d i s c i p l i n a r y a c t i o n , a r r e s t and/or criminal prosecution. This policy applies to all work locations including of fices, work sites, vehicles and field locations. T h e u n i v e r s i t y t a k e s r e p o r t s o f t h r e a t e n i n g o r v i o l e n t w o r k p l a c e i n c i d e n t s s e r i o u s l y. Employees, super visors and managers should contact the Human Resources Depar tment at 7 - 2 2 01 a n d C a m p u s P o l i c e a t 1 - 1 2 3 4 i m m e d i a t e l y t o r e p o r t a n y t h r e a t s t h a t t h e y h a v e witnessed, received, or have been told that another person has witnessed or received. Employees should also repor t any behavior they have witnessed that they regard as threatening or violent when that behavior is job -related or might be carried out on university o w n e d o r l e a s e d p r o p e r t y. TEMPLE UNIVERSIT Y STUDENT CODE OF CONDUCT Responsibility for the enforcement of the rules of the university rests with all the members of the Temple community. University rules should serve as a guide for high personal standards. It is the student’s responsibility to: 1 . Foster an environment conducive to continued intellectual and educational stimulation within the university free from unlawful harassment by other members of the community; and 2. Foster the maintenance of physical and mental health, the safety and welfare of each member of the community; and 3. Respect the rights of others. TEMPLE UNIVERSIT Y STUDENT CODE OF CONDUCT Sanctions Letter of Reprimand Probation Loss of privileges Fines Restitution Service Sanctions University Housing Suspension or Expulsion University Suspension or Expulsion Revocation of Admission or Degree http://policies.temple.edu/getdoc.asp?policy_no=03.70.12 . STUDENTS Code of conduct violations http://policies.temple.edu/getdoc.asp?policy_no=03.70.12 Disciplinary hearings – University Disciplinary Committee Finding of responsibility could result in: Fine Suspension Expulsion Disciplinary Hold placed on students record until sanctions are fulfilled BEST PRACTICES Create Policies Education and Training Anti-harassment Anti-retaliation Civility Anti-Bullying Counseling/Coaching Understand the Roles and Responsibilities Administration Faculty Employee Student