CPS School Counselor Training
August 1, 2012
Lee Ann Lowder
Deputy General Counsel
lalowder@cps.edu
phone: 3-5955 fax: 3-1769
What should you take away?

Violentization process
–
–

New Anti-Bullying Policy
–
–

Domestic Violence
Violent Coaching
Dating Violence
Protocol for Suicidal Ideation
Legal Liability
–
–
Reporting
Records
Violentization Process

Witnessing the abuse of a family member is
the first of four stages in the socialization
process that leads to the creation of a violent
criminal –
– brutalization
– belligerency
– violent performance
– virulency
Athens, L., The Creation of Dangerous Violent Criminals
(Univ. Ill. Press 1992)
School Intervention

You can decrease violence by
1. interrupting the “violentization”
process of students.
2. teaching and reinforcing that
violence is not the way to solve
problems.
Prevalence:
Domestic Violence


According to the 2005
Census Estimate, 33
million or 15% of all
U.S. adults admit they
were DV victims
One-third of female
murder victims were
killed by intimate
partners
How does DV affect students?
Frequent absences and suspensions
 Twice as likely to visit school nurse for
social/emotional reasons, and
1.6 times as likely to be sent home
 Seven times more likely to be referred
to speech pathologist

DV Effects on Older Boys
In a 36-month study of
children ages 11-17, who
lived with DV, every son
over the age of 14 had
attempted to protect his
mother from attack. Some
62 percent were injured in
the process.
DV Effects on Kindergarten Boys

Kindergarten boys whose mothers reported
depression and DV scored 7% to 10% lower
on standardized tests in mathematics,
reading, and general knowledge.
–
DV exposure is similar to the effect of lead
intoxication and low birth weight.
Effects of DV
on Women and Girls

Domestic violence is
the leading cause of
injury to American
women between ages 15
and 44 – resulting in
more injuries than car
accidents, muggings,
and rapes combined.
DV Effects on Daughters
In families where the mother is
assaulted by the father, the risk
that daughters will be sexually
abused is 6.5 times greater than for
girls in non-abusive families.
CPS DV Policy
 Providing
Safety Plan handout to
parent/victim
 Documenting Orders of Protection
 Obligation to assess risk of abuse/
neglect to students from DV
Offer Assistance to
Parent/Victim


Parent should be
referred to school
psychologist,
counselor, social
worker, nurse or other
trained staff.
Offer parent a private
space to call DV
Helpline,
1-877-TO-END-DV
1-877-863-6338.
Parent Support, cont’d

Offer parent/
victim DV Safety
Plan handout in
her/his primary
language
Attachments to the policy
include versions in:
English
Spanish
Polish
Arabic
Bosnian
Korean
Mandarin
Russian
Chicago DV Safety Plan Mandarin
QUIZ
 What
is the leading cause of
injury to American women
ages 15 and 44?
Violentization

Violent Coaching
–

“It’s your responsibility to stand up to bullies. If
you don’t fight them, I’ll hurt you worse when you
get home.”
Reaction to Violent Performance
–
“That boy is crazy! He’ll surely end up in jail.”
Incarceration Rates


One in five AfricanAmerican men in Cook
County is in prison, in
jail or on probation.
For every AfricanAmerican enrolled in
college in Illinois, 2 ½ are
in prison or on parole.
What becomes of bullies?

What percent of boys
who were bullies in
middle school had at
least one conviction by
age 24?

How many had three or
more convictions?
Bullying is a path to jail



60% have one conviction
40% have three or more convictions
Bullies are four times more likely than peers to
have multiple convictions.
CPS students bullied
in past 12 months (2011)
Total: 12.8%
–
–
–
–
Male: 12.2%
Female: 13.5%
African-American:
11.2%
Hispanic:
14.7%
Student Code of Conduct
–
–
New Anti-Bullying provisions: page 23
Protected classes (among others)






Physical or mental disability
Sexual orientation
Gender-related identity or expression
Race, Color
Religion
Sex
Definition of Bullying



Severe or pervasive
Physical or verbal
Written or electronic
Definition of Bullying, continued

Reasonably predicted to
–
–
–
Place student in reasonable fear of harm to self or
property
Substantially harm a student’s physical or mental
health
Substantially interfere with student’s schooling or
ability to participate in school activities
Peer Conflict
–
–
Disagreements
and oppositional
interactions
Situational,
immediate and
developmentally
inappropriate
Addressing Peer Conflict before it
becomes Bullying
–
Opportunities for staff
 To
guide students in
– Developing skills in social competency
– Learning appropriate personal boundaries
– Peaceably resolving conflict
 To model appropriate interactions
All Staff Obligations







Security officers
Lunchroom staff
Bus drivers
School counselors
Teachers
Janitors

Intervene immediately to
ensure everyone’s safety
Report the incident to
principal ASAP
–

not > 24 hours
Cooperate in
investigation &
implementing safety plan
Responsibility to students bullied based on
perceived sexual orientation

CPS prohibits discrimination based on sexual
orientation, gender identity and expression by
other students and by staff
–
–
Teacher’s Aide who told students gays were going to
hell
AP who told gay student: “If you didn’t act like a
faggot, you wouldn’t get hurt.”
Safety of LGBTQ Students



84% reported verbal harassment
18% reported frequently hearing homophobic
remarks
Only 15% reported that school staff
intervened when they overheard these
remarks
Homophobic Teasing of Students

A 1999 Seattle study
found 80% of students
subjected to anti-gay
bullying identified as
heterosexual
– Great majority of
students bullied as
gay aren’t LGBTQ
Nabozny v. Podlesny, 7th Cir. (1996)

Gay student
–
–
–
–

daily verbal harassment
mock rape
internal injuries from
repeated kicking
>1 suicide attempt
Principal
–
–
“Boys will be boys.”
“Act gay, expect abuse.”
Principal & AP held individually liable
 School
officials
violated Equal
Protection by treating
Nabozny differently
than female students
who were victims of
dating violence
CPS Employee Discipline Code
–
–
5-9: Any cruel, immoral conduct or communication
that causes psychological or physical harm to a
student
 Discipline: Discharge
4-2: Negligent supervision resulting in psychological
or physical injury to student
 Disciplinary Options: 1-30 day suspension,
Discharge
Dating Violence:
another form of bullying



Pattern of actual or
threatened acts of
physical/sexual/emotional
abuse
Perpetrated by adolescent
against current or former
dating partner
To gain power and control
Youth Behavior Risk Survey 2011

Students reporting
they were
intentionally hit,
slapped, or
physically hurt by
boy/girlfriend in
past 12 months
 Chicago:
16.3%
 U.S.
9.4%
Victims of Dating Violence
Increased risks
– Substance Abuse
– Eating Disorders
– Risky Sexual
Behavior
– Pregnancy
– Suicide
Students coerced
into sexual intercourse
2011 CPS Total: 9.3%
Male: 7.5% Female: 10.9%
Percent by grade:
9th: 7.9
10th: 8.6
11th: 10.5
12th: 10.6
Risk of Pregnancy

55% of adolescent
mothers reported DV in
past 12 months
– Highest among girls
11-15

51% reported birth control
sabotage
53% of new, adolescent HIV
cases are among females

Risk of Homicide and Suicide

Teens ages 15 to 19
– Second leading cause of death is homicide
 22% of female victims killed by intimate
partners
– Third leading cause of death is suicide
Morgan Park High School
In December 2010,
Jade Hannah, age 17,
her mother &
her sixth grade sister
were stabbed to death by
Jade’s 18-year-old boyfriend
Hirsch Metropolitan High School
December 2009
19-year-old Hirsch graduate
stabbed his two-month-old son
in the neck and repeatedly
stabbed and killed his
girlfriend, Tanisha Edwards,
age 18.
School staff noticed Tanisha often
came to school bruised and
injured.
Does Dating Violence happen at school?

42% of boys and
43% of girls who
reported dating
violence said it
happened at school
or on school
grounds.
Do students report violence to authority
figures?

Severe abuse, to family,
teacher, social worker or
police
–
–

Girls: 6%
Boys: 11%
Dating Violence
–
30% told no one
CPS DV Policy, cont’d

Perpetrator
–
–
–
Follow investigation and incident reporting
requirements in SCC.
When appropriate, conduct a Functional
Assessment and create a Behavior Intervention
Plan.
If victim’s education is being disrupted, consider
transferring the perpetrator per Enrollment and
Transfer Policy.
CPS DV Policy, cont’d

Victim
If student is injured or in
imminent danger of
serious physical harm:
–
–
Discuss student
concerns re parental
notification
Notify parents
Concerns about Disclosure





Fear friends will tell abuser/side with abuser
Fear loss of respect of peers & adults/
shame of acknowledging they are different
LGBTQ students fear being “outed”
Fear of losing partner
Fear of parental notification
CPS DV
Policy, cont’d
Policy,
cont’d
Offer Support
Services to Victim
–
–
Provide Domestic
Violence Helpline
number -1-877-863-6338
Encourage student
to tell parents
Student Supportive Services:
CPS Providers


Offer counseling to any
student with a disability
whose parent consents
Offer counseling to
any non-disabled
student without
regard to parental
consent
Are CPS providers limited to five 45 min.
sessions without parents’ consent?
No, that provision of MHDDA
doesn’t apply to schools, but
to mental health facilities
(those operated to treat
people with mental illness).
QUIZ


Michael and Melissa
having been dating off
and on for more than a
year. You witness
Michael yanking Melissa
by the hair and saying,
“Shut up bitch” in the
hallway.
What do you do?
CPS HS students attempting suicide
in past 12 months (2011)

Total: 15.8%
–
–
–
–

15.3% males
16% females
16.5% African
Americans
15.4% Hispanics
17.8% of 11th graders
In a class of 30 HS students


9 will be thinking about suicide
4 will attempt suicide in a school year
–

2 will require medical treatment
For every 3 students who attempt suicide,
2 get up and go to school the next day
CPS Suicide Data
Myths re Youth Suicide
1.
2.
3.
4.
5.
6.
Talking re suicide will encourage suicide.
Students who talk about suicide are seeking attention
People who attempt suicide usually receive Tx
Most young people who die by suicide leave notes
Parents/caregivers know about their child’s suicidal
behavior.
Once someone decides to commit suicide, little or
nothing that can be done to prevent it.
Psychopathology

90% of youth who die by suicide experienced at least one
mental disorder at the time of their death:
 Mood Disorders;
 Substance Related Disorders; and
 Disruptive Behavior Disorders.
(Miller & Ekhart, 2009)
Major Depressive Disorder


Not all depressed youth are
suicidal and not all suicidal
youth are depressed.
However, approximately 42%66% of youth who die by
suicide appear to have been
experiencing some type of
depressive disorder.
(Miller & Ekhart, 2009)
Substance Abuse
Alcohol/drugs and suicide are often closely related.
Alcohol and other forms of substance abuse impair
judgment.
Alcohol is a factor in at least ¼ of youth suicides.
(Miller & Ekhart, 2009)
Gender Variance
African-American Males


Group with most
significant increases
in suicidal
completion
1960-2000
ages 15-19:
234% increase
LGBTQ



LGBTQ Youth
Higher rates of suicidal ideation and attempt than
heterosexual youth.
20-40% more likely to attempt suicide than
heterosexual youth.
Data limitations make it difficult to draw conclusions
about suicide completion.
Homeless & LGBTQ



11-35% of all homeless
youth are LBGTQ
62% reported attempting
suicide.
All homeless youth have
elevated rates of mental
illness, violence, sexual
exploitation and
substance abuse.
Victims of Violence




33% of sexually abused children show suicidal behavior
at ages 16-18.
Adult women who report physical or emotional abuse
as children are more likely to attempt suicide.
Being a victim or witness of violence (shootings,
stabbings, assault, etc.) associated with suicidal
ideation and attempts.
Victims of violence in dating relationships have an
increased rate of suicide attempts.
When?

For 1 in 3 youth who
committed suicide, a
crisis (break-up,
argument) occurred
the same day as the
suicide.
When?


Most often:

March-September

Mondays
Least often

December

Before & during holidays\

Weekends
Risk factors





Presence of
psychopathology
Previous suicide
attempts
Hopelessness
Family history of
suicide or psychiatric
illness
Social isolation







Access to lethal weapons
Bullying
Presence of firearms at
home
Sexual and Physical Abuse
Substance Abuse
Poor problem-solving and
coping skills
Low self-esteem
(Miller & Ekhart, 2009)
Warning Signs
•
•
•
•
Rage, anger, seeking
revenge
Acting recklessly/
engaging in risky
activities
Feeling trapped, as if
there’s no way out
Increasing alcohol or
drug use
•
•
•
•
•
Withdrawing from
friends, family, or
society
Anxiety and/or agitation
Insomnia or sleeping
excessively
Dramatic mood change
Hopelessness
Protective Factors








School connectedness
Good relationships with peers
Access to mental health services
Parent-family connectedness
Lack of access to lethal weapons
Likely to seek adult help
Cultural or religious beliefs
Problem-solving and coping skills
Suicidal Ideation Protocol
Step
1
•TAKE
ALL THREATS SERIOUSLY.
Step
2
SUICIDAL
IDEATION
•DO NOT LEAVE
THE STUDENT ALONE. Escort
the student to the administrator’s office and/or
PROTOCOL
counseling office. Place child under watch of an
adult who will maintain CONSTANT supervision.
SUICIDAL IDEATION:
Step 3:
ASSESSMENT
DO NOT:
Judge,
lecture, get angry
Ignore or minimize
Promise secrecy
Leave the suicidal person alone
SUICIDAL IDEATION
ASSESSMENT
Connect
with the student by demonstrating
empathy, care, support and trust.
Use effective listening skills.
Respect developmental, cultural, and sexuality
issues while gathering information.
Be direct in questioning.
ASSESSMENT
A.
Identify Risk Factors & Warning Signs
B.
Identify Protective Factors
ASSESSMENT
C. Suicide Inquiry
 Ideation
 Plan
 Behaviors
 Intent
Ideation
 How
often do you think about suicide?
 How long have these thoughts been going
on?
 Describe the suicidal thoughts from the last
48 hours. The past month? The worst ever?
Plan
 Do
you know when and where you would
do it?
 Do you know how you would do it?
 Do you have the means to do it?
 Have you done any preparation?
Behaviors
 Have
you ever attempted suicide?
 Have you ever aborted an attempt?
 Have you practiced or rehearsed?
Intent
 Assess
extent to which they intend to
carry out the plan.
 Assess whether they believe the plan is
lethal (vs. self-injurious).
Suicidal Ideation
ASSESSMENT
Risk Level
Risk/Protective Factors
Suicidality
High
Psychiatric diagnoses with
severe symptoms, or acute
precipitating event; protective
factors are not relevant
Potential lethal suicide
attempt or persistent
ideation with strong
intent
Moderate
Multiple risk factors, few
protective factors
Suicidal ideation with
plan, but no intent or
behavior
Low
Modifiable risk factors, strong
protective factors
Thoughts of death, no
plan, intent or behavior
SUICIDAL IDEATION:
ASSESSMENT
Based on your assessment is the student a danger to
him/herself or others?
YES
NO
Risk Assessment: No
 Contact
the parent/guardian to make
them aware of the ideation.
 Determine who will follow up with
student and monitor his/her behavior
throughout the school day.
 Make appropriate referrals, if necessary.
Risk Assessment: Yes
 Suicidal
Ideation
Response Tree
Grant v. Board of Trustees of Valley View School Dist.,
IL Appellate Court (1997)
 Students
told School Counselor that HS
senior made suicide threats and wrote suicide
notes
 School Counselor spoke with student,
advised mother to take student to hospital for
drug OD treatment
– Did not advise mother of suicide threats
 Student jumped off overpass to his death
Grant, cont’d

Mother sued District
and School Counselor
for failing to
– Call ambulance
– Inform her of suicide
threats
– Implement a Suicide
Prevention program
Public Employee Immunity
 Public
employees and entities aren’t liable
for
Injuries caused by failure to make adequate
mental examination to determine if person
is danger to self or others
– Injuries resulting from diagnosing or failing
to diagnose mental illness or addiction
–
Public Employee Liability
 School
employees are liable if
– Conduct is intentional or done with
conscious disregard or indifference to
student’s safety
– They knew or should have known that their
conduct posed a high probability of serious
physical harm to the student
Grant Majority, cont’d

Failure to call ambulance
– School counselor’s
conduct was not
intentional or
indifferent because she
advised mother to take
student to hospital
Grant Majority, cont’d
School
Counselor’s failure to advise
mother of suicide threats
– Court found her conduct may have
been negligent, but was not
intentional or indifferent
Grant Dissent
– Dissenting
Judge thought the School
Counselor acted with deliberate
indifference to the threat and should be
held liable.
– She had “knowledge of an impending
danger (suicide threats) but failed to
exercise ordinary care to prevent it.”
Grant Court Directive
 “The
suicide death of a teenager is tragic.
School counselors and other school
personnel should take every suicide
threat seriously and take every
precaution to protect the child.”
Mental Health & Developmental
Disabilities Confidentiality Act
§11. “Records and communications may be disclosed:
–
•
(ii) when, and to the extent, a therapist, in his or her
sole discretion, determines that disclosure is necessary
to * * * protect the recipient or other person against a
clear, imminent risk of serious physical or mental
injury or disease or death being inflicted upon the
recipient or by the recipient on himself or another[.]”
The good faith of a therapist who discloses
information “shall be presumed.”
MHDDCA

“‘Therapist’ means a psychiatrist, physician,
psychologist, social worker, or nurse providing
mental health or developmental disabilities
services or any other person not prohibited by
law from providing such services or from
holding himself out as a therapist if the
recipient reasonably believes that such person
is permitted to do so.”
Confidentiality
 Illinois School Code
“No school student records or information
contained therein” may be disclosed or released
except to a school employee or official “with
current demonstrable educational or
administrative interest in the student, in
furtherance of such interest.”
Disclosure of mental health records
to Parent/Guardian
Students under 12:
√ parent/guardian
Students 12-17:
•If student is informed and does not object
• If counselor does not find compelling reason
to deny access
Required Disclosures to Parents





Current physical and mental condition
Diagnosis
Treatment Needs
Services Provided
Services Needed, including medication, if any
Albers v. Green (IL App. 2004)
• Seventh grader told School Social Worker he had
been shoved and kicked and “would rather be dead
than go to school.”
• SSW promised mother she would not disclose the
names of the bullies.
• SSW gave the bullies’ names to the principal, who
disciplined them.
Albers (cont’d)
Parents removed
student from school
 Sued principal, SW,
Dist. for violating
MHDDCA

Albers (cont’d)
 Court found SSW acted in good faith
in disclosing the information because
she thought the student was at risk of
harm from shoving and kicking, and
also because of his suicide threat.
Thanks for your attention!
Questions?