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Frontier torts bullying final


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Frontier torts bullying final

  1. 1. Phoebe Prince and Beyond: Bullying in the U.S.Frontier TortsSection 6, Professor Jon Hanson
  2. 2. Internal SituationistsRelevant Actors: o The Bully o The Victim o Bystanders
  3. 3. The Bullyo The Victimo Bystanders 6 Risk Factors:1. Low parental involvement2. Exposure to violence in media3. Prior physical victimization4. Previous fights5. Bias towards hostility6. Gender
  4. 4. The Bullyo The Victimo Bystanders Teens exhibiting aggressive conduct disorder showed increased activity in areas of the brain linked with feeling rewarded (the amygdala and ventral striatum) in responseto seeing others in pain
  5. 5. The Bullyo The Victimos The Online Disinhibition Effect  Dissociative Anonymity Ya we kick it with the true  Invisibility irish not the gross slutter  Asynchronicity poser ones :)  Solipsistic Introjection  Dissociative Know what I hate? Irish sluts Imagination  Minimizing Authority John Suler, Ph.D.
  6. 6. o The Bully Anxiety &The Victim Depression Wendy M. Craig, Queen’so Bystanders University Mental Effects of Bullying - Increased Risk of: Depression Ann Neary & Stephen Joseph, University of Ulster Anxiety “Research with youth and adults shows Chronic Illness that negative social interactions are - Heightened Stress experienced as particularly stressful. - Chronic Stress causes the body to secrete the stress hormone cortisol. Cortisol impairs Nightmares immune system functioning, leaving the - Concentration individual more vulnerable and less able Deficiencies to combat physical illnesses.” Adrienne Nishina, Assistant Professor of Human Development at UC Davis
  7. 7. o The Bully The students who were rated the most-The Victim bullied performed substantially worse academically than their peers.o Bystanders Projecting the findings on grade-point average across all three years of middle school, a one-point increase on the four-point bullying scale was associated with a 1.5-point decrease in Behavioral Effects GPA for one academic subject of Bullying - Decreased Academic Performance - Truancy - Increased likelihood to experiment with On any given day, an average of 160,000 alcohol report staying home for fear of being bullied.
  8. 8. o The Bullyo The VictimBystanders • Studies have shown that bystanders have great influence in reducing bullying Christina Salmivalli, Marinus Voeten, Elisa Poskiparta, Bystanders Matter: Associations Between Reinforcing, Defending, and the Frequency of Bullying Behavior in Classrooms, 40(5) JOURNAL OF CLINICAL CHILD & ADOLESCENT PYSCHOLOGY, 668, 668
  9. 9. o The Bully • Social Proofo The Victim • Groupthink • Bystander EffectBystanders
  10. 10. • Social Proofo The Bully • Groupthinko The Victim • Bystander EffectBystanders
  11. 11. o The Bullyo The VictimBystanders Immoral?
  12. 12. o The Bully o The VictimBystanders
  13. 13. The Situation• The Role of School Officials • The Bystander Effect • Attribution Through the Lens of Naïve Realism• The Role of Students • Social Identity Theory • Gender Norms • System Justification Theory• The Role of Parents • Reinforcing Victimizing or Aggressive Behavior • Noticing Behavior and Acting Appropriately
  14. 14. School Officials• Bystander Effect
  15. 15. School Officials• Attribution Through the Lens of Naïve Realism
  16. 16. School Officials• Attribution Through the Lens of Naïve Realism
  17. 17. The Situation• The Role of School Officials • The Bystander Effect • Attribution Through the Lens of Naïve Realism• The Role of Students • Social Identity Theory • Gender Norms • System Justification Theory• The Role of Parents • Reinforcing Victimizing or Aggressive Behavior • Noticing Behavior and Acting Appropriately
  18. 18. Students• Social Identity Theory: “Us” and “Them” “them” “us”
  19. 19. Students• Gender Norms: Slut Labeling
  20. 20. Students• SJT: status quo
  21. 21. The Situation• The Role of School Officials • The Bystander Effect • Attribution Through the Lens of Naïve Realism• The Role of Students • Social Identity Theory • Gender Norms • System Justification Theory• The Role of Parents • Reinforcing Victimizing or Aggressive Behavior • Noticing Behavior and Acting Appropriately
  22. 22. Parents• Reinforcing Victimizing or Aggressive Behavior
  23. 23. Parents• Noticing Behaviors and Reacting Appropriately
  24. 24. TORT DOCTRINALISTS The Phoebe Prince Case: From the Tort Law Perspective
  25. 25. THE OPTIONS • Intentional Infliction of Emotional Distress • Negligence
  26. 26. Problems with NEGLIGENCE • DUTY – Sovereign Immunity – Foreseeability
  27. 27. What Would aBullying Tort LookLike?
  28. 28. DUTY• Sovereign Immunity – Exception: failure to act would be likely to subject an identifiable person to imminent harm.• Foreseeability – “Specific facts have warned authorities that a particular threat existed and have indicated that action on the part of the school could have prevented injury.”
  29. 29. An Economic Model of Bullying Arun Avva, Jake Jung, Paul Lee
  32. 32. Negligence Rule (High Discounting) Payoffs: (School, Bully, Victim) BASIC MODEL – NEGLIGENCE – NEGLIGENCE (HIGH DISCOUNTING) – STRICT LIABILITY (HIGH DISCOUNTING)
  33. 33. Strict Liability Rule (High Discounting) Payoffs: (School, Bully, Victim) BASIC MODEL – NEGLIGENCE – NEGLIGENCE (HIGH DISCOUNTING) – STRICT LIABILITY (HIGH DISCOUNTING)
  34. 34. CONCLUSIONS Assuming high discounting, strict liability provides better incentives for the school to actually prevent bullying However, the model assumes that the policies are mutually exclusive and 100% effective This model does not take into account liability for the bully This model does not take into account the family as an actor
  35. 35. BULLYING Policy: State LevelAims: Prevention & Accountability Aims: Prevention & Accountability
  36. 36. state of Georgia became the first state to pass bullying legislation, which required schools to TRENDS in Policy implement character education programs that explicitly addressed bullying prevention. Since that time, there has been a wave of new legislation at the state level to define acts of bullying in the school context and to establish school or district policies that prohibit bullying behavior. Exhibit A shows that from 1999 to 2010 there were more than 120 bills enacted by state legislatures nationally that have either introduced or amended education or criminal statutes to address bullying and relatedPrior to 1999 (Columbine), no state had statutes behaviors in schools. Twenty-one new bills were passed in 2010 and eight additional bills were signed into law through April 30, 2011. With the spate of legislation passed in recent years, there arespecifically addressing bullying. only four remaining states (Hawaii, Michigan, Montana, and South Dakota) State Bullying Laws and Policies,1U.S. Dept. o Analysis of without bullying laws.Education (2011) Exhibit A. Number of state bullying laws enacted by year: 1999–2010 Bills enacted or amended 25 21 20 20 15 15 14 11 11 10 9 8 5 5 5 1 1 0 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Exhibit reads: One state enacted bullying legislation in 1999.
  37. 37. laws now include language that prohibits cyberbullying and 25 include specific definitions ofcyberbullying behavior. Twelve states used the term “cyberbullying” explicitly, while others A Word About Cyber-bullyingincorporate a range of related terms. These include references to electronic communications,harassing communications, electronic acts, electronic abuse, use of electronic means, or use of dataor computer software. The specific definitions of cyberbullying found in state legislation arepresented in Appendix D.Exhibit 9. State legislation addressing cyberbullying or electronic bullying acts, by number of states (n=46) Prohibited, not defined 11 (24%) Prohibited, defined 25 (54%) Not mentioned 10 (22%) Exhibit reads: Twenty-five states, or 54 percent of states with bullying laws, include language that prohibits and specifically defines cyberbullying or electronic acts. Source: State bullying laws enacted through April 30, 2011.Enumeration of Specific Characteristics
  38. 38. Federal Law is IneffectiveFederal policy exists, but has been entirely ineffectivein providing compensation for victims or inspiringschool change.• Title IX (gender based)—no relief. Davis v. Monroe County Board of Education (1999)• Section 1983 Discrimination—14th amendment  (1) Custodial or special relationship theory.  (2) State created danger. Snelling v. Fall Mountain (4th Cir. 1995)• NCLB—Students may go to a different school.
  39. 39. Variations in State Policy Making • Legislative Control (25 States) • State Department of Education Control (4 States) • Development Mix of Legislative and State Department of Education Control (6 States) • Local District Discretion and Control (11 States)
  40. 40. Stakeholders in Policy Making• Parents• Community groups• Advocacy groups Community State Stakeholders Legislature Schools & Education School Agencies/ Districts Depts.• School Boards• School Administration• Teachers/ Counselors
  41. 41. indicated in legislative debate and other policy discussion, this element represents a point ofdisagreement and contention in some contexts. Components in District Policies Exhibit C. State legislation coverage of U.S. Department of Education-identified key components, by number of states (n=46) Key Elements Purpose 39 Scope 44 Prohibited behavior 43 Enumerated groups 17 District policy 45 District policy review 20 Definitions 29 Reporting 36 Investigations 31 Written records 18 Sanctions 42 Mental health referrals 13 Communications 42 Training/prevention 39 Transparancy/monitoring 18 Legal remedies 18 0 5 10 15 20 25 30 35 40 45 50 Number of states
  42. 42. Discussion of Key Components The next section describes state bullying legislation within each of the key components identified inKEY COMPONENTS OF the Department’s framework. The structure and organization of the key components represents the structure of most bullying legislation in states, and covers all of the major components found inBULLYING POLICY existing laws. Exhibit 6 lists the 11 key components and six specific subcomponents of the framework that pertain to the content of school district policies. Exhibit 6. Eleven key legislative and policy components and six school district policy subcomponents identified by the U.S. Department of Education, by category Eleven key components Purpose Definitions Scope Prohibited behavior Enumeration of groups District District policy development components and review District policy development Six school district policy subcomponents District policy review Definitions Written records policy School district components Reporting Sanctions Investigations Mental health Communications Additional elements Training and prevention Transparency and monitoring Rights to legal remedies Analysis of State Bullying Laws and Policies 21
  43. 43. REPORTING
  46. 46. PREVENTION?
  47. 47. Why don’t the policies work? Weddle, 2004 argues:
  48. 48. “School Climate” is the key lever.• School climate, not socioeconomics, race or other factor, is the key predictor of bullying.Two factors:social controlsocial cohesion
  49. 49. Policy Recommendation: Carrots and SticksState policy outlines goals.If schools implement policies, when bullyingoccurs, schools are only held to negligence standardunless there is evidence of “wanton” or “willful”disregard. If schools fail to implement policies, held to strict liability and presumed liable. Concerns include difficulties monitoring implementation, diverse local community needs, perverse incentives with reporting. Other concerns?
  50. 50. If schools implement policies, when bullying occurs, schools are only held to a negligence standard unless there is “wanton” or “willful” disregard. • Incentivizes school compliance with policy, reporting of bullying, and “fairness.” Weddle, 2004
  51. 51. Carrots and Sticks LiabilityIf schools implement policies, whenbullying occurs, schools are only held tonegligence standard unless there isevidence of “wanton” or “willful”disregard. If schools fail to implement policies, held to strict liability and presumed liable.
  52. 52. What might a good school policy look like?
  53. 53. Approaches to Bullying in Massachusetts
  54. 54. Mission Statement• The Revere Public Schools’ Bullying Prevention and Intervention Plan is a comprehensive approach to addressing bullying, cyberbullying, and retaliation. The RPS is committed to working with students, staff, families, law enforcement agencies, and the community to prevent issues of violence.
  55. 55. Procedures for Reporting:• Anyone, including a parent or guardian, student, or RPS staff member, can report bullying or retaliation. Reports can be made in writing or orally to the principal or another staff member, or reports may be made anonymously.• A staff member who witnesses, receives information regarding an incident of bullying, cyberbullying, and/or retaliation, or may suspect a student is a victim of bullying, cyberbullying and/or retaliation, will report immediately to the principal or assistant/vice principal.
  56. 56. Investigation of Complaint • Before fully investigating the allegations of bullying, cyber-bullying and/or retaliation, the principal or assistant/vice principal will take steps to assess the need to restore a sense of safety to the alleged target and/or to protect the alleged target from possible further incidents.
  57. 57. Responses to Investigation• Notice to another school/district• Notice to law enforcement.• Responses to bully (ex: informing parents, recommending counseling).• Disciplining the bully• Restoring a sense of safety to the target and others in the community.
  58. 58. Professional Development for StaffThe RPS must provide ongoing professionaldevelopment to increase the skills of all staffmembers to prevent, identify, and respond tobullying, cyberbullying, and/or retaliation.The goal of professional development is toestablish a common understanding of all ofthe elements of the districts Anti-BullyingProgram.
  59. 59. PREVENTION POLICIESParent Education and Resources District-Wide Anti Bullying Curriculum
  60. 60. “Don’t Pick On Me”(Why People Bully Others) Middle School Bullying Prevention Curriculum Guidance Counselor Health Teacher Adjustment Counselor
  61. 61. AGENDADay 1 – Bullying Survey – Definitions and examples – Effects of Bullying
  62. 62. AGENDADay 2 – Revere Public School System Anti- Harassment Policy – Equity Coordinator – “Don’t Pick On Me” Video – Discussion questions and strategies
  63. 63. AGENDADay 3 – “Don’t Pick On Me” Continue Discussion Questions – Role Play activities
  64. 64. AGENDADay 4 – Continue with Role Play activities – Conclusion Answer the essential question
  65. 65. Bullying Survey• DIRECTIONS: Please circle the best answers to the following questions that apply to you. You may have more than one best answer for some questions.• Have you ever been bullied?• a. Yes b. No• If you answered yes, how often did someone bully you?• Occasionally Often Everyday
  66. 66. DEFINITIONSAggressor- Person who habitually isbullying, cyberbullying or engaging in retaliation Examples Teasing that humiliates or hurts another person Intimidation, either physical or psychological Threats of any kind, stated or implied Assaults on students, including those that are verbal, physical, psychological, or emotional Attacks on students belongings
  67. 67. The Bullying Circle
  68. 68. EFFECTS OF BULLYING• Why does a person become a bully?• How does a person become a victim of bullying?• How can bullying cause emotional pain and scaring?• What impact does bullying have on a witness or bystander?
  69. 69. Massachusetts Law• An Act Relative to Bullying in Schools, Chapter 92 of the Acts of 2010,requires school leaders to create and implement strategies to prevent bullying, and to address bullying promptly and effectively when it occurs.
  70. 70. District Anti-Harassment Policy• General Statement of Policy – The Revere Public Schools is committed to providing faculty, staff, and students with a learning and working environment that is free from harassment (verbal and/or physical) based on gender, race, religion, national origin, ethnic background, age, sexual orientation, or disability. The goal is to maintain a school climate that is conducive to learning, and therefore supportive and respectful.
  71. 71. Equity CoordinatorMs. F is responsible for proactively addressingissues of equity (racial, ethnic, gender, sexualorientation, ability/disability) to create anaccepting school climate respectful of staff andstudents.Ms. F’s major role is to assist students withconcerns about sexualharassment, bullying, and other forms ofharassment and bring the issue to theappropriate authority.
  72. 72. Role Play3. Kevin and his friends ride on the school bus each morning to get to school. Recently, a couple of students have been taunting Kevin on the way to school. They keep poking him in the back of the head and pulling on his backpack. Kevin asks them to stop but they continue to annoy him.• Answer Questions: – What was the anti bullying technique this group used? – Was the technique effective? Did it work? Please explain your answer
  73. 73. BYSTANDER 101Violence Prevention Unit
  74. 74. BystanderDefinition: those who witness, encourage or watch bullying happen or hear about it. Bystanders are the third group of players involved in the bullying incident. Types of BystandersHurtful Bystander -Instigates the bullying by prodding the bully to begin. Encourages the bullying by laughing, cheering, or making comments that further stimulate the bully.Helpful Bystander -Directly intervenes by discouraging the bully, defending the victim (target), or redirecting the situation away from the bullying. Seeks out help or support from an adult.• Note: When seeking out help or “telling” an adult you are reporting incidents of unsafe or hurtful behaviors. You would not be a “tattle tale or snitch”. The difference is that the goal of the “tattle tail” is to report with the intention to get a student into trouble not to help the target.
  75. 75. Reasons Bystanders have for not getting involved:• Afraid of getting hurt• Afraid of becoming the new target• Afraid of doing something that will only make the situation worse• DOES NOT know what to do! The bystander has not been taught ways to intervene, to report the bullying or how to help the target. Think……… What might be some excuses for not getting involved?
  76. 76. It is every student’s responsibility!• Bullying creates a school climate that can make students feel unsafe and afraid. It is important that students recognize that they are responsible for helping to create a safe, caring, respectful and bully-free environment. Overall it means doing the right thing to help a targeted fellow student no matter what else other bystanders may or may not be doing.
  77. 77. How do you become a “helpful bystander”?• Understand what empathy is• Recognize how perception influences what you observe• Know your school policy on bullying• Take the steps you need to in order to report the incident or safely intervene if you feel comfortable doing so
  78. 78. Three Components of Empathy• Empathy is the ability to identify with and feel another persons concerns---being able to put yourself in the “other person’s shoes”1. The ability to identify how another person is feeling.1. The ability to understand another person’s point of view. (or taking on the role of the other person)2. The ability to respond emotionally to another person
  79. 79. What influences how we perceive bullying?Factors that influence perspective:• Experiences• Feelings• Beliefs• Needs• Motivations play a part; what do you want to achieve or get out of the situation
  80. 80. What are you looking for in the bullying situation as a bystander?• Physical Clues:Facial ExpressionsBody Language• Verbal Clues:LanguageTone• Situational Clues:What is observed---what is happening/going on
  81. 81. What do you do next?When deciding to be a “Helpful Bystander” you choose what is most comfortable and safe for you at that moment. It can be:• Helping the target walk away• Saying something appropriate to redirect the situation• Seeking the help or support of an adult by reporting the aggressor’s behavior against the target
  82. 82. POLICY RECCOMENDATIONS1. Strict liability: If school fails to implement ananti-bullying policy, it will be held to a strictliability standard.2. “Carrot and stick”: If school implements state-mandated anti-bullying policy, it will be held to anegligence standard; if not, a strict liabilitystandard.3. Shifted liability: If school implements anti-bullying policies to the best of its ability, liabilitywill shift to parents of bullies and bullies.