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Wanda Bradford, Director of School Support
Dr. Tim Fulenwider, Director of School Support
Margaret Gallegos, Director of School Support
Randall Ranes, Director of Instructional Support
Services Division
Melissa Hoyt, Interim Supervisor, Student Services
Department
Winter 2012
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Bullying: Why it matters?
Bullying: What is it?
Cyberbullying: What is it?
Examples of bullying and cyberbullying
Ways to create a safe, bully-free
environment
What to do when you suspect or become
aware of bullying
MG
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“In summary, there is considerable evidence that
involvement in bullying, as a victim, bully, or
bully-victim is associated with serious short-term
and long-term psychological and academic
consequences” (Swearer, Espelage, & Napolitano, 2009)
Bullying has been related to academic deficits
(Crick & Grotpeter, 1995, Murray-Close, Ostrov, & Crick, 2007, Prinstein,
Boergers, & Vernberg, 2001)
MG
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Victims report increased loneliness, greater school avoidance,
more thoughts of suicide, and less self-esteem (Hawker &
Boulton, 2000; Kochenderfer & Ladd, 1996).
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Bullies report lower levels of school belonging and higher levels
of delinquent behavior (Espelage & Holt, 2001; Haynie, Nansel, &
Eitel, 2001).
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Bully-victims are more hyperactive, more likely to be referred
for psychiatric consultation than peers (Nansel et al. 2001; Nansel,
Haynie & Simons-Morton, 2003), report higher levels of depression
(Swearer et al, 2001), and have lower grades than both bullies and
victims (Graham et. al. 2006)
Bystanders to bullying report feelings of anxiety and insecurity
(Rigby & Slee, 1993)
MG
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Generally, most civil claims against districts
and their personnel allege:
◦ Failure to properly supervise and protect students
◦ Physical or mental mistreatment, abuse
◦ Failure to properly investigate and respond to
allegations of harassment, abuse, bullying
◦ Failure to identify and assess for special education
or Section 504 eligibility
◦ Failure to provide appropriate interventions,
supports, and services (general education, special
education, 504) (Hoonanian, Feb. 2012)
MG
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Statutory Definitions and Key Vocabulary
Working Definition
WB
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Bullying means “any severe or pervasive physical or verbal act or
conduct, including communications made in writing or by means of
an electronic act, and including one or more acts committed by a
pupil or group of pupils as defined in Education Code Sections
48900.2 (sexual harassment), 48900.3 (hate violence), or 48900.4
(harassment, threats and intimidation), directed toward one or more
pupils that has or can be reasonably predicted to have the effect of
one or more of the following: (a) placing a reasonable pupil(s) in fear
of harm to that pupil's or those pupils' person or property; (b) causing
a reasonable pupil to experience a substantially detrimental effect on
his or her physical or mental health; (c) causing a reasonable pupil to
experience substantial interference with his or her academic
performance; or (d) causing a reasonable pupil to experience
substantial interference with his or her ability to participate in or
benefit from the services, activities, or privileges provided by a
school” (Education Code Section 48900(r)).
WB
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Tabletop- Five minutes
Highlight key words/phrases supporting a
determination bullying has occurred
Examples from Table Reports
WB
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Severe
Pervasive
Physical or verbal act/conduct
Written/electronic communication
Impact on the reasonable pupil
◦ Fear of harm (person or property) or
◦ Substantial interference with:
 academic performance
 participation in or benefit from school services,
activities, or privileges
MH
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Education Code Sections:
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48900.2 - Sexual harassment including sexual
assault, sexual battery, sexual violence, and
sexual coercion
48900.3 - Hate violence
48900.4 - Harassment, threats and
intimidation
MH
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Severe or pervasive verbal or physical
misconduct that would impact a
reasonable pupil resulting in either:
(1) fear of harm (person or property); or
(2) substantial interference with either:
(a) academic performance; or
(b) participation in or benefit from
services, activities, or privileges.
Note: California’s legal definition of bullying makes no reference
to a power imbalance between the bully and his/her victim.
MH
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Out of the pool of four scenarios (#1 - #4),
assign each table two scenarios (Maximum
time: 10 minutes)
Table Reports. Objective: Identify the
specific facts in the scenario that support a
determination the conduct is or is not
bullying
MH
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Bully is the person perpetrating the conduct
listed in the bullying definition
Relational Aggressor means a bully that uses
social manipulation to harm others by
gossiping, threatening to withdraw
friendships, or using social exclusion (Leff,
Waasdorp, & Crick, 2010)
MH
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A victim of bullying is a person physically or
psychologically abused by a peer who is
intentionally aggressive either in a severe
manner or repeatedly and over time (see Olweus,
1993)
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Bully-Victim means a student who reports
both being a victim of bullying and being a
perpetrator of bullying.
MH
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Transmission, by means of an electronic device,
including, but not limited to, a telephone, wireless
telephone, or other wireless communication device,
computer, or pager, of a communication, including, but
not limited to, any of the following: (a) a message, text,
sound, or image; (b) a post on a social network Internet
Web site including, but not limited to: (1) posting to or
creating a burn page; (2) creating a credible
impersonation of another actual pupil or (3) creating a
false profile (Education Code 48900(r)).
Note: An electronic act shall not constitute pervasive conduct
solely on the basis that it has been transmitted on the Internet or is
currently posted on the Internet (Education Code 48900(r)).
MH
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 Bullying
by an electronic act
 Burn page
 Credible impersonation
 False profile
MH
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Repeated exposure over time to negative actions or acts of aggression and
intimidation.
Verbal, written, graphic, digital, or other physical conduct relating to a
student’s race, national origin, religion, color, disability, sexuality, or
gender1 that is severe, pervasive, or persistent.
Unprovoked, intentional, and usually repeated acts many of which may be
carried out by means of an electronic act and include:
Emotionally-based behavior (spreading rumors, manipulating social relationships,
rejecting, excluding, degrading, extorting, or intimidating);
Verbally-based behavior (taunting, malicious teasing, name calling, racial slurs,
insults, threatening, demanding money, property, or some service to be
performed); and Physically-based behavior (hitting, kicking, spitting, pinching,
pushing, excessive tickling).
1
See glossary for complete list of “protected classes”
MH
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Indirect bullying that is severe, pervasive, or persistent.
such as:
Rejecting, excluding or isolating the target(s);
Humiliating the target(s) in front of friends;
Manipulating friends and relationships;
Sending hurtful or threatening e-mail or notes; and
Developing a Website to taunt or degrade a target and
inviting others to post humiliating notes or messages
MH
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Severe, pervasive, or persistent conduct that involves.
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Sending cruel, vicious, or threatening messages.
Creating web sites with stories, pictures, and jokes
that ridicule others based on hatred or bias.
Breaking into an e-mail account and sending vicious or
embarrassing material to others.
Taking a picture (e.g., revealing) in the locker room
with a phone camera and sending it out.
MH
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Each table reviews scenarios #5 & #6
scenarios (Maximum time: Five minutes)
Table Reports. Objective: Identify the
specific facts in the scenario that support a
determination the conduct is or is not
cyberbullying
MH
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“School climate is emerging as an extremely important influence on
bullying/victimization” (Swearer, Espelage, & Napolitano, 2009).
Schools that emphasize learning to include a positive school climate
show a decrease in aggression and other school-related problems
(Kasen et al, 2004).
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Bullies are sometimes viewed in a positive and influential manner by
their peers (Rose, Swenson, & Waller 2004). Bullies can reap benefits.
Prevention frameworks and programs that attempt to abate bullying
are increasing emphasizing improving school climate to stop the
reinforcement of bullying behavior or bullying perpetration (Cohen,
2006)
TF
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A positive school climate including teacher,
classmate, and school support can buffer the
distress resulting from bullying; parent support
can also help (Davidson, & Demaray, 2007)
TF
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Maintain a positive, collaborative school climate
Clearly define behavioral expectations to include: (1) rules
against bullying and (2) positive alternative behaviors
Use consistent processes for teaching and acknowledging
appropriate behavior
Use assessment data to:
◦ determine perceived safety and supportiveness of the school
among students, staff, and parents;
◦ identify specific strengths and areas for improvement;
◦ identify specific groups at risk in the school;
◦ identify where and how bullying occurs at the school
Help students and staff identify and label bullying behaviors
Develop appropriate behavioral expectations for bystanders
TF
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Provide professional development to staff regarding the definition
of bullying and cyberbullying and the negative effects it has on
academic, social, and emotional functioning (Note: Staff
underestimate incident rate, report they need more training, but
most feel they have a moral duty to stop bullying. Some staff
have personal experiences and attitudes that play an important
role in predicting their responses to bullying)
Describe strategies on how to detect bullying (e.g., studies show
this makes a difference)
Explicitly define behavioral expectations for staff and students
(e.g., label bullying, teach relevant school rules against it,
intervening, and teaching alternative behaviors such as being
respectful and responsible)
TF
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Bystander is an individual who lacks participation in bullying
scenarios as either the bully or the victim.
Teach bystander students to avoid laughing, watching or
otherwise rewarding the bully, but instead to support the victim,
to otherwise intervene and to report bullying (Bystanders may be
present when bullying occurs more than 80% of the time; a
bystander may serve to reinforce or sustain the bullying behavior;
the bullying is abated about half the time when bystanders
intervene)
Methods used in bullying prevention and intervention programs
include: awareness building, modeling, skill building, and roleplaying
TF
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Use specific and detailed yard supervision
plans (e.g., supervision zone assignments),
monitor implementation of supervision plan,
teach staff to quickly recognize bullying, how
to intervene and how to report (see Board
Policy entitled “Safety,” also note: bullying
occurs almost 2X more on yard than in
classroom)
Use prevention and positive school climate
strategies on the yard (e.g., recognition of
positive behaviors)
TF
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Each table reviews scenario #7 (Maximum
time: Five minutes)
Table Reports. Objective: Identify the
effective and the missing components of a
bullying prevention plan
TF
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1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Immediately stop the bullying
Do not send away witnesses to the bullying, including bystanders
Do not immediately ask about or discuss the facts
Separate the accused harasser and the target (victim)
During the investigation process make age-appropriate
references to the bullying behavior and to the relevant school
rules against bullying
State the behaviors you saw/heard with the witness, perpetrator,
and victim
Collect evidence to help determine if an action(s) is warranted
Tell students bullying is unacceptable and against school rules
Remind each person that retaliation is prohibited
Tell each person how to file a complaint or otherwise report an
occurrence of bullying or retaliation
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Suspicion – Review bullying definition, open
investigation
Sources of information and reporting
timelines
◦ Immediately Report Bullying - Student. Any student . . . bullied or (a)
witness . . .(to) bullying within the school’s jurisdiction, shall immediately
contact his/her teacher or any other employee. (The student may file a
Report of Complaint)
◦ Promptly Report Bullying - Staff. An employee . . . witnessing bullying or
receiv(ing) a complaint or other information that bullying may have
occurred shall, within 24 hours of receiving a complaint, report it to the
Principal/Designee or District Coordinator for Nondiscrimination (Human
Resources Administrator). Staff reporting requirements remain whether or
not the victim files a complaint.
RR
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Initiate investigation into bullying upon receipt of information from a parent,
guardian, or community member who (reasonably) believes bullying may
have occurred within the school’s jurisdiction. Carefully consider jurisdiction
to act
Evaluate anonymous complaint or media report to determine feasibility of
investigation considering the specificity and reliability of the information, the
seriousness of the alleged incident, and whether any individuals can be
identified who perpetrated, were subjected, or could have observed the
alleged bullying
Off-Campus. Although off-campus conduct is not generally subject to
school discipline, investigation and disciplinary/remedy action may be
warranted if off-campus conduct poses a threat to the safety of other
students, staff, or school property or presents a risk of substantial disruption
of school activities. To have jurisdiction, there must be documentation of
the impact or disruption that the conduct had, or could be expected to have,
on school activities
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Dear [Parent of Alleged Victim]:
We are in receipt of [a handwritten note, an e-mail, phone
message, oral report] dated [enter date received notice], from
[name of author of communication if appropriate] [position of
author such as parent, physician] [place of employment if
applicable]. A copy is enclosed. [Summary of the bullying
allegation, e.g., The note indicates . . .].
Please be aware the District staff members take seriously
any allegation a student has experienced bullying or
mistreatment at school. We are immediately opening a full
investigation into the allegations [Student’s Name] has been
bullied or mistreated.
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After receiving a notice of suspected bullying behavior,
the Principal/Coordinator initiates a prompt, impartial
investigation of a bullying allegation regardless of
whether a formal complaint has been filed.
Interview all individuals who are relevant or potentially
relevant to the investigation (e.g., student complaining
or potential victim[s]), the person accused of bullying,
anyone who witnessed the reported bullying, and
anyone mentioned as having relevant information).
Take other steps such as reviewing any records, notes,
or statements related to the bullying and visiting the
location(s) of alleged bullying.
RR
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Initial Interview with Student or Parent/Guardian. When a
student or parent/guardian has complained or provided
information about bullying:
1. Describe the District's grievance (complaint) procedure and
give copy of bullying policy and complaint form
2. Tell the part(ies) of right to put his/her complaint in writing
(i.e., District’s Report of Complaint form)
3. Discuss what actions are being sought
4. Give complainant (student) opportunity to describe the
incident(s)
5. Identify witnesses who may have relevant information, or may
provide other evidence of the bullying
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6. If the student reports an injury, clearly document the injury and
seek additional information should evidence of the injury exist
outside the school
7. Investigate any allegations involving prior instances
8. If the student victim requests confidentiality in the
investigation, inform the student that such a request may limit
the District's ability to investigate
9. Communicate that retaliation for reporting is prohibited and
everyone has the responsibility to report conduct that may be
retaliation and to report any subsequent problems
10. Determine and implement any needed interim measures
pending completion of investigation (e.g., placing students in
separate classes).
RR
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Describe what conduct constitutes bullying
Give alleged bully an opportunity to describe the
incident(s)
Communicate bullying is prohibited
Give notice to cease any misconduct and process other
disciplinary actions as appropriate
Communicate that retaliation is prohibited, there will be
consequences, and follow up monitoring
As appropriate, inform of interim measures involving
that person
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Factors in Reaching a Determination.
 Do the facts or evidence obtained support a finding
that bullying has occurred?
Consider:
 Statements made by the persons with knowledge of the
allegations
 Details and consistency of each person's account
 Evidence of how the complaining student reacted to the
incident
 Evidence of any past instances of bullying by the
alleged harasser
 Evidence of any past bullying complaints that were
found to be untrue
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If bullying was found to have occurred, what decisions
or actions are supported by the evidence?
Review the evidence and determine if the District
Discipline Code has been violated (District Code,
Education Code 48900 et seq.) (Suspension and
expulsion for bullying applies only to students in
grades 4-8).
Set a schedule to monitor potential reoccurrence of
bullying and retaliation.
RR
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To judge the severity of the bullying consider:
◦ How the misconduct affected student(s) education
◦ The type, frequency, and duration of the misconduct
◦ The identity, age, and sex of the harasser and the student who
complained, and the relationship between them
◦ The number of persons engaged in the harassing conduct and at
whom the bullying was directed
◦ The size of the school, location of the incidents, and context in
which they occurred
◦ Other incidents at the school involving different students
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◦ If a determination is made bullying has or is occurring,
a decision must also be made whether the bullying is
sufficiently serious that it creates a hostile school
environment
◦ Bullying creates a hostile environment when it is
sufficiently severe, pervasive, or persistent so as to
interfere with or limit a student’s participation or
benefit from services, activities, or opportunities
◦ If it is determined a hostile school environment exists,
list the steps and implement a plan to establish a
positive school climate (The Office for Civil Rights calls
this “Repair the environment”)
RR
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In a letter dated [date], and incorporated into this letter as Attachment One, I confirmed receipt of
allegations John Deere Jr. may have been mistreated or bullied while at school (“Allegations”). We
conveyed our intent to open a full investigation. This letter describes the outcome of our
investigation.
Our investigation began on [date], and ended on [date]. We interviewed you (Mrs. Deere) who
initially reported that John Jr. was repeatedly being yelled out by another student and being
harassed about his clothing and hair. In addition to John Jr., we identified and interviewed three
students who possibly had knowledge about these Allegations. We also completed a review of all
pupil records that may have contained information pertaining to the Allegations regardless of
location or form (e.g., electronic, written).
Neither John Jr. nor any of the student witnesses were able to recall or describe any incidents in
which John Jr. was yelled at or in which anyone commented about his hair or clothing. We were
unable to identify a student who was alleged to engage in this misconduct. Additionally, none of
our records contained any other allegations of a similar nature.
In conclusion, our investigation could not substantiate that John Jr. has been bullied or mistreated
at school. Please notify us of any additional concerns or if you learn of any new information.
Thank you for informing the school of these issues. Please do not hesitate to contact me if we
may be of any assistance.
RR
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No more than 30 days after receiving the complaint, the Principal/Coordinator
shall conclude the investigation and prepare a written report of his/her findings
The report shall include the decision and the reasons for the decision and shall
summarize the steps taken during the investigation
If it is determined that bullying occurred; the report shall also include any
corrective actions that have or will be taken to address the bullying and prevent
any retaliation or further bullying
This report shall be presented to the student who complained, the person
accused, the parents/guardians of the student who complained, the student who
was accused, and the Superintendent or designee (Director of School Support)
In addition, the Principal/Coordinator shall ensure that the bullied student and
his/her parent/guardian are informed of the procedures for reporting any
subsequent problems. The Coordinator/Principal shall make follow-up inquiries
to see if there have been any new incidents or retaliation and shall keep a record
of this information
RR
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When necessary to carry out his/her investigation or to protect
student safety, the Principal/Coordinator also may discuss the
complaint with the Superintendent or designee, the
parent/guardian of the student who complained, the
parent/guardian of the alleged harasser if the alleged harasser is
a student, a teacher or staff member whose knowledge of the
students involved may help in determining who is telling the
truth, law enforcement and/or child protective services, and
District legal counsel.
If the alleged act(s) may be a violation of criminal law, the
principal/designee will refer the matter to the appropriate law
enforcement agency or Child Protective Services as applicable.
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Date information received alleging bullying and the date the investigation began and ended:
Summary of the steps taken during the investigation:
Investigation conclusions and reasons for the decision:
Corrective actions that have or will be taken (only if it is determined that bullying occurred):
Additional steps to address the bullying and prevent any retaliation:
Other Steps Taken:
□ Relevant board policies given the parent of the harassed student
□ Victim of bullying/harassment reminded of what constitutes bullying and retaliation, how to
report this misconduct or any subsequent problems, and a description of the plan for conducting
follow‐up inquiries
Written Report of Findings provided to:
□ Student/victim and the parent/guardian of the student/victim
□ Student/person found to have committed an act(s) of bullying
□ Director of School Support
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See Illustrated Detail Template entitled
“Written Report of Findings Following Bullying
Complaint” in the binder of materials, section:
Response to Bullying Worksheet: Enforcement
of Law and Policy
RR
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Separated the harasser and [Name of Student] by moving the
harasser’s classroom assignment
Gave guidance to [Name of Student] and harasser (separately)
Provided professional development to staff
Provided additional education services to [Name of Student]
Provided a copy of the District policies and Guide for Parents and
Students to [Name of Student], the student’s parents, and the
student and parent of the harasser
Described to [Name of Student] and their parent how to report
any subsequent problems
Conducted, and will again conduct follow-up inquiries to see if
there have been any new incidents or any instances of retaliation
Three bystanders were given guidance about how they may
appropriately intervene, they were encouraged to take a more
active or pro-social role, and to support other students to help
them feel cared for and safe from retaliation.
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Each table reviews scenario #8 (Maximum time:
Ten minutes)
Table Reports. Objective: Identify key
components of Written Report that exist, then
additional steps that could/should be taken
RR
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Local Education Agency Plan
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Single Plan for Student Achievement
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Schoolwide Positive Behavior Support Plan
RR
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Bullying: Definitions, Illustrations, Prevention,
and Response
Summary, Questions, Closing Comments
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Bullying: Why it matters?
Bullying: What is it?
Cyberbullying: What is it?
Examples of bullying and cyberbullying
Ways to create a safe, bully-free environment
What to do when you suspect or become aware of
bullying
All
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