Docstoc

Bullying Prevention

Document Sample
Bullying Prevention Powered By Docstoc
					             Bullying Prevention
      Keeping Kids Safe in the 21st Century


                 Presented By:
Doug Ross, ARM, CPCU - Executive Director, Regional
           Liability Excess Fund (ReLiEF)
Kimberly Smith, ESQ – Fagen, Friedman & Fulfrost LLP
           Teri Schroeder, CEO – i-SAFE

                 September 7, 2011
        Presentation Objectives
       From a Risk Management Perspective - discuss
        the potential impact of Bullying
       From a Legal Perspective - discuss liability schools
        can be facing and actions being taken on the
        legislative front
       From a Education Perspective - provide an
        example of resources and solutions available to help
        school districts prevent, and respond to, incidents of
        bullying

2                     For informational purposes only – not intended as legal advice.
 Risk Management Perspective

Doug Ross, ARM, CPCU, Executive Director
 Regional Liability Excess Fund (ReLiEF)
             Insurance Industry Trends
       1970’s – Products
       1980’s – Pollution
       1990’s – Employment Practices (wrongful
        termination, discrimination, sexual harassment)
       2000’s – Violence in Workplace and Campus
       2010’s – Cyber bullying, bullying, social
        media…
    As media attention grows, suicides and cyber
    bullying lawsuits against schools are increasing…

4                            For informational purposes only – not intended as legal advice.
           True-Life Stories
                     Ryan Halligan

    Oct. 7, 2003

    Ryan Halligan of Essex Junction, Vt.,
     commits suicide at age 13 after
     middle school classmates threaten,
     taunt and insult him in person and
     online.


5                      For informational purposes only – not intended as legal advice.
           True-Life Stories
                      Megan Meier
    Oct. 17, 2006

    Megan Meier, 13, of St. Charles, Mo.,
     hangs herself after receiving a flurry
     of cruel messages on MySpace.

    On May 15, 2008, a federal grand jury
     indicts adult neighbor Lori Drew for
     her alleged role in bullying Meier
     online.

6                          For informational purposes only – not intended as legal advice.
            True-Life Stories
                    Phoebe Prince
    15 year old commits suicide
    Lawsuit filed alleging the Vice Principal was
     aware of “multiple acts of bullying”
    Allegations took their toll on the school
     district
                                                                                     “Parents blast school board in
    Lawsuit against the district settled Dec. 2010                                   bullying controversy…..calling for
                                                                                     school officials to be fired”
    Superintendent went out on a medical leave
    Federal investigation now underway
    Six students face charges
7                           For informational purposes only – not intended as legal advice.
           True-Life Stories
                    Tyler Clementi
    September 22, 2010

    Tyler Clementi, 18, jumps to his death from
      New York's George Washington Bridge,
      prosecutors say, after his roommate
      Dharun Ravi, and fellow Rutgers freshman
      Molly Wei transmit a live image of
      Clementi having sex. Ravi and Wei are
      charged with invading Clementi's privacy.


8                        For informational purposes only – not intended as legal advice.
          True-Life Stories
         San Clemente High School

    Three suicides in just a year

    $3 million lawsuit filed alleging
    “…..administrators were notified
    about the harassments and, yet,
    failed to investigate properly or
    discipline the responsible parties”


9                       For informational purposes only – not intended as legal advice.
             True-Life Stories
                 Tehachapi Unified School District

     13 year old commits suicide in September over
       alleged bullying related to his sexual orientation
     District on the defense for allegedly “failing to
      adequately address the years of bullying.”
     ACLU involved and launching a media campaign
     The Department of Education launches
      investigation and now interviewing students,
      teachers and administrators


10                           For informational purposes only – not intended as legal advice.
             Department of Education Responds
    Education Secretary Arne Duncan is calling bullying a “silent epidemic” and
     that bullying involving race, religion or sexual orientation may be a federal
     offense
    October 2010 letter to school officials reminding about their responsibility
     to investigate, end the harassment, eliminate any hostile environment and prevent
     harassment from recurring
    Department currently investigating both the Tehachapi and Massachusetts
     cases
    October 2010 found Glendale USD “failed to provide a prompt and
     equitable response” to allegations of sexual harassment lodged in 2007 by
     a then high school student

11                            For informational purposes only – not intended as legal advice.
           Department of Justice Responds
    December 2010 Department announces intention to
     investigate and hold schools responsible if they fail to
     protect students that are bullied
        Department has authority to enforce federal laws that protect
         students from discrimination and harassment in compliance with
         1964 Civil Rights legislation
             Race, national origin, disability, religion, sexual orientation
    Federal funding for schools depends on compliance with
     the new guidelines. "I think it's raising the stakes for
     all of us to accept our share of responsibility," said
     Secretary Duncan.
12                              For informational purposes only – not intended as legal advice.
                 As new risks develop, schools are once
                 again held to a higher standard
    If parents file a civil lawsuit against a school for negligence and
     breach of its duty to protect their child, the factors that would be
     considered include:
             state law; the district’s policies;
             the school’s efforts to communicate those policies to students;
             the training of staff about those policies;
             the training of students on the risk of social media/cyber bullying,
             the manner in which the district allowed students to use its
              communications network;
             the degree to which the district supervises and monitors student use
              of those devices; and
             the procedures established for reporting and addressing cyber
              bullying concerns.
     13                            For informational purposes only – not intended as legal advice.
13
               Cyber-Risk Liability to School
               Districts
• California Law Targets Cyber Bullying (January 07, 2009)
     California joined the growing number of states that have passed laws against cyber
     bullying; harassment inflicted not by physically menacing bullies at schools but through
     social networking sites, instant messenger programs, and other forms of digital
     communication.

• Federal Court Sides with Cyber Bullying (January 25, 2010)
     Free speech advocates are worried that recent high profile cyber bullying incidents have
     caused some school districts to overstep their bounds.
                                                                                                            $3 million wrongful death
• Vulgar & Threatening Web Site Posting by Student Not Free                                                    lawsuit filed against
  Speech (March 17, 2010)                                                                                     Capistrano USD over
     California court of appeals held that offensive, derogatory and threatening statements                 suicide death of teen that
     posted by students are not protected under the First Amendment. Civil lawsuit by a                             was bullied
     student against the authors will be allowed to proceed.


 “Cyber bullying involves the use of information and communication technologies
    such as e-mail, cell phone and pager text messages, instant messaging (IM),
 defamatory personal Web sites, and defamatory online personal polling Web sites,
  to support deliberate, repeated, and hostile behavior by an individual or group,
                           that is intended to harm others.”

                                  Bill Belsey, Cyber bullying Expert

14                                        For informational purposes only – not intended as legal advice.
Legal Perspective


      Kimberly Smith, Esq.
 Fagen, Friedman & Fulfrost, LLP
          California Education Code Section 32261
          (as amended 2008)

        “All pupils enrolled in the state public
         schools have the inalienable right to attend
         classes on school campuses which are safe,
         secure, and peaceful.”
         (Ed. Code § 32261(a).)




16                        For informational purposes only – not intended as legal advice.
             California Education Code Section 32261
             (as amended 2008)

        “Bullying means one or more acts by a pupil or
         group of pupils as defined in [Education Code]
         Section 48900.2, 48900.3, or 48900.4.”
            EC § 48900.2: Sexual harassment
            EC § 48900.3: Caused, attempted to cause, threatened to cause, or
             participated in hate violence
            EC § 48900.4: Intentionally engaged in harassment, threats, or
             intimidation that is sufficiently severe or pervasive to have the actual
             and reasonably expected effect of materially disrupting, creating
             substantial disorder, or invading rights

        “Including bullying committed personally or by
         means of electronic act.”
17                              For informational purposes only – not intended as legal advice.
                Lawsuits against schools and the risks
                are increasing
         Parents of bullies' victims fight back by suing schools (February 7, 1999)
         Bullying costs school $4M (October 23, 2007)
         Kentucky, schools agreed to pay five students a total of $110,000 (Dec. 22, 2008)
         Court awards bullied student $800,000 (March 8, 2010)
         Parents sue district, principal over bullied son's death (March 19, 2010)
         $35M lawsuit: School failed to protect bullied kid (March 20, 2010)
         Federal court ruled that schools can be held responsible for what students do,
          if there is a pattern of harassment, or if they don’t do enough to provide a safe
          environment (April 6, 2010)
         Student sues Aberdeen school district over bullying (December 7, 2010)
          “A federal court in California held that a suspension for cyber bullying
          violated the First Amendment and Due Process in J.C. v. Beverly Hills
          USD”
     18                               For informational purposes only – not intended as legal advice.
18
             21st Century dangers provide a moral and financial
             obligation to protect schools and students

         Lawsuits will not result in any real “winners” as the cost
          of litigation drains schools already strapped
          resources
         How much better spent those lawyers’ and court fees
          would have been if school administrators had invested
          in programs to raise awareness and train students to
          speak up and intervene on behalf of their peers, resulting
          in fewer incidents that can lead to tragedies


     19                     For informational purposes only – not intended as legal advice.
19
         Potential backlash for some discipline of
         students by Administrators

        Student’s don’t “shed their constitutional
         right to freedom of speech or expression at
         the schoolhouse gate.”

                             U.S. Supreme Court
                             Tinker v. Des Moines (1969)



20                   For informational purposes only – not intended as legal advice.
         California Law
        More expansive than federal law
        Article I, § 2 of California Constitution
        Ed. Code § 48907- Student exercise of free
         expression
        Ed. Code § 48950 - Freedom of speech;
         students’ remedies; attorney’s fees
        Ed. Code § 35183 - Dress codes and school
         uniforms; “gang-related” apparel; regulations;
         free speech

21                    For informational purposes only – not intended as legal advice.
         Education Code § 48907
        Applies to all students in CA public schools
        Grants a broad right of free speech
        Includes right to wear buttons and other insignia
        Still subject to limitations:
            Obscene, libelous, and slanderous
            Incites violation of lawful school regulations
            Substantial disruption of orderly operation of the school



22                        For informational purposes only – not intended as legal advice.
         Education Code § 48950
        Applies to secondary school students
            Private and public schools
        Grants same rights of expression
            On Campus = Off-Campus
        Subject to reasonable time, place, manner
         regulations
        No protection for harassment, threats, or
         intimidation
        Does NOT supersede or modify 48907

23                       For informational purposes only – not intended as legal advice.
           “Cyber-Discipline”
     What is Cyber Discipline?
        Discipline for improper conduct involving
         electronic acts. Discipline may be applied to
         conduct on or off campus.
        Off campus conduct must be “related to a
         school activity” and discipline should not
         suppress constitutionally-protected speech.

24                     For informational purposes only – not intended as legal advice.
         “Electronic Acts”

        An “electronic act” means the
         transmission of a communication,
         including, but not limited to, a message,
         text, sound, or image by means of an
         electronic device, including, but not limited
         to, a telephone, wireless telephone or other
         wireless communication device, computer,
         or pager. (Ed. Code § 32261(g).)

25                   For informational purposes only – not intended as legal advice.
          “Cyber Bullying”
        “Engaged in an act of bullying, including, but not
         limited to, bullying committed by means of an
         electronic act.” (Ed. Code 48900(r).)
     Bullying includes:
        Sexual harassment (Ed. Code § 48900.2);
        Hate violence (Ed. Code § 48900.3); and
        Harassment, threats and intimidation that can be reasonably
         expected to materially disrupt classwork, create substantial
         disorder, and invade the rights of personnel or pupils by
         creating a hostile educational environment. (Ed. Code §
         48900.4.)

26                        For informational purposes only – not intended as legal advice.
          Suspension/Expulsion
        “A pupil shall not be suspended from school
         or recommended for expulsion, unless the
         superintendent or the principal of the school
         in which the pupil is enrolled determines that
         the pupil has committed …an act of bullying,
         including, but not limited to, bullying
         committed by means of an electronic act ...”
         (Ed. Code §48900(r).)

27                        For informational purposes only – not intended as legal advice.
             California Legislators Respond
        AB 749 (Assembly Member Campos) – Signed by the
         Governor 7/7/11; Effective 1/1/12
            Pupil – Cyber Bullying
                 Expands definition of bullying committed by an
                  electronic act to include posting to social network sites
                  (MySpace, Facebook, etc.)
                 Encourages school districts to develop and implement
                  strategies, training, etc. to improve attendance and
                  decrease crime, bullying, cyber bullying, harassment,
                  discrimination, etc.

28                            For informational purposes only – not intended as legal advice.
           California Legislators Respond
    Additional bills pending
         AB 1156 Pupils : Bullying
               Encourages policies and procedures aimed at prevention of bullying in comprehensive safety
                plans
               Would require the Department of Justice and the Department of Education to contract to
                provide bully prevention training
               If passed, takes effect 7/1/12
         SB 919 School Safety : Sexting
               Adds sexting as an act for which a pupil can be suspended or expelled
               Encourages school districts to provide grade level appropriate education
         SB 227 Education Technology Plans
               Adds the prevention of cyber bullying, content control software and responsible mobile
                communication as a component of a school’s education technology plan
         AB 630 Pupil Safety : Bullying
               Expresses the intent of the legislature to encourage school districts to establish programs and
                integrate with regular curriculum during National Bullying Prevention Month
         AB 1253 Pupil Safety : Bullying
               Expresses the intent of legislature to make it easier for students and parents to report incidents
                of bullying
               committee


29                                      For informational purposes only – not intended as legal advice.
Education Perspective


     Teri Schroeder, CEO
            i-SAFE
         You School District Can Be a
         Leader in Internet Safety
        Educate students and parents to be safe and
         responsible online

        Empower Internet users to make smart online
         decisions

        Mobilize individuals to take action and inform
         others on how to avoid unsafe, illegal and
         compromising situations online

31                     For informational purposes only – not intended as legal advice.
            2008 Legislation (amending CIPA) Ties E-Rate
            Funds To Mandatory Internet Safety
            Education

    On October 10, 2008, the “Protecting
     Children in the 21st Century Act” was signed
     into law.
    “Elementary and secondary schools having
     computers with Internet access may not
     receive funds through the E-Rate program
     for Internet service, Internet access or
     internal connectivity unless they certify they
     are educating minors about appropriate
     online behavior, including interaction with
     others on social networking Web sites and in
     chat rooms and cyber bullying awareness and
32
     response.”            For informational purposes only – not intended as legal advice.
         Acceptable Use Policy
               Penalties for Improper or Inappropriate Use
    Any user violating the acceptable use policy
     rules, acceptable state and federal laws, or
     posted classroom and district rules are
     subject to loss of network privileges and any
     other District disciplinary actions.
    In addition, pursuant to State of California
     law, any unauthorized access, attempted
     access, or use of any state computing and/or
     network system is a violation of section 502
     of the California Penal Code and/or other
     applicable federal laws, and is subject to
     criminal prosecution.
33                       For informational purposes only – not intended as legal advice.
             Education Sector Risk Cycle

      Liability has changed in
       schools
      i-SAFE is the leader in
       assisting schools to limit
       liability
      Education institutions need
       to be proactive not reactive




34                          For informational purposes only – not intended as legal advice.
     Keeping Children Safe in an
      Online and Mobile World




35          For informational purposes only – not intended as legal advice.
           Students do not always have the skills to
           respond in an appropriate and responsible
           manner

        85% of high school students have
         given out personal information
         (e.g., name, age, gender, home
         address) to someone they have only
         met online
        65% know someone who has been
         bullied online
        76% believe they should have the
         unrestricted right to download
         music from the Internet

36                        For informational purposes only – not intended as legal advice.
          This virtual playground is creating some
          serious socialization issues

    65% of kids and teens associate Internet
     anonymity with freedom
    47% of kids feel freer to do what they
     want in Cyberspace than in their physical
     worlds
    43% of kids find it easier to talk to
     people online than in person
    35% of kids feel better, or more
     positive, about themselves while online
     than in the “real” world
37                       For informational purposes only – not intended as legal advice.
          Online Broadband Act - Compliance

 There are a variety of reasons why schools
  need to comply
        Schools that do not comply with the Online
         Broadband Act jeopardize loosing their E-
         Rate Reimbursement to purchase
         broadband services
        Schools are becoming increasingly
         scrutinized for not proving e-safety
         education and are becoming more liable for
         a student’s risky online behavior

38                       For informational purposes only – not intended as legal advice.
          Your Proactive Leadership
    Do you have a program that provides easy and
     verifiably compliance with new, E-Rate laws?
    Has your district considered Internet safety
     curriculum?
       Personal Safety, Social Networking and Cyber Bullying
        Prevention
       E-Rate Metrics/Audit Report Assessments

    How does your district plan to provide verifiable
     documentation - independent third-party records
    Does your district have policies currently in place?
       Incident tracking
       Investigation process
       Discipline process


39                           For informational purposes only – not intended as legal advice.
Thank You!

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:6
posted:10/6/2011
language:English
pages:40