The document discusses bullying policies in the U.S. It outlines key components of state bullying laws including purpose, scope, prohibited behaviors, definitions, reporting, investigations, sanctions, and prevention. It analyzes trends in state bullying legislation over time. The document also discusses challenges with existing policies and recommendations to improve policies through a comprehensive approach focused on school climate, carrots and sticks for compliance, and staff training.

1. Phoebe Prince and
Beyond:
Bullying in the U.S.
Frontier Torts
Section 6, Professor Jon Hanson

2. Internal Situationists
Relevant Actors:
o The Bully
o The Victim
o Bystanders

3. The
Bully
o The Victim
o Bystanders
6 Risk Factors:
1. Low parental involvement
2. Exposure to violence in
media
3. Prior physical victimization
4. Previous fights
5. Bias towards hostility
6. Gender

4. The
Bully
o The Victim
o Bystanders
Teens exhibiting
aggressive conduct
disorder showed
increased activity in
areas of the brain
linked with feeling
rewarded (the
amygdala and ventral
striatum) in response
to seeing others in pain

5. The
Bully
o The Victim
os
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. o The Bully
Anxiety &
The Victim Depression
Wendy M.
Craig, Queen’s
o 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. 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. o The Bully
o 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. o The Bully • Social Proof
o The Victim • Groupthink
• Bystander Effect
Bystanders

10. • Social Proof
o The Bully
• Groupthink
o The Victim
• Bystander Effect
Bystanders

13. o The Bully
o The Victim
Bystanders
Immoral?

14. o The Bully
o The Victim
Bystanders

15. 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

16. School Officials
• Bystander Effect

17. School Officials
• Attribution Through the Lens of Naïve
Realism

18. School Officials
• Attribution Through the Lens of Naïve
Realism

19. 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

20. Students
• Social Identity Theory: “Us” and “Them”
“them”
“us”

21. Students
• Gender Norms: Slut Labeling

22. Students
• SJT: status quo

23. 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

24. Parents
• Reinforcing Victimizing or Aggressive
Behavior

25. Parents
• Noticing Behaviors and Reacting
Appropriately

26. TORT DOCTRINALISTS
The Phoebe Prince Case:
From the Tort Law Perspective

27. THE OPTIONS
• Intentional Infliction of Emotional Distress
• Negligence

28. Problems with NEGLIGENCE
• DUTY
– Sovereign Immunity
– Foreseeability

29. What Would a
Bullying Tort Look
Like?

30. 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.”

31. An Economic Model of
Bullying
Arun Avva, Jake Jung, Paul Lee

32. The Basic Model
 Payoffs: (Bully, Victim)
BASIC MODEL – NEGLIGENCE – NEGLIGENCE (HIGH DISCOUNTING) – STRICT LIABILITY (HIGH DISCOUNTING)

33. Negligence Rule
 Payoffs: (School, Bully, Victim)
BASIC MODEL – NEGLIGENCE – NEGLIGENCE (HIGH DISCOUNTING) – STRICT LIABILITY (HIGH DISCOUNTING)

34. Negligence Rule
(High Discounting)
 Payoffs: (School, Bully, Victim)
BASIC MODEL – NEGLIGENCE – NEGLIGENCE (HIGH DISCOUNTING) – STRICT LIABILITY (HIGH DISCOUNTING)

35. Strict Liability Rule (High
Discounting)
 Payoffs: (School, Bully, Victim)
BASIC MODEL – NEGLIGENCE – NEGLIGENCE (HIGH DISCOUNTING) – STRICT LIABILITY (HIGH DISCOUNTING)

36. 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

37. BULLYING Policy: State Level
Aims: Prevention & Accountability
Aims: Prevention & Accountability

38. 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 related
Prior 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 are
specifically 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.

39. laws now include language that prohibits cyberbullying and 25 include specific definitions of
cyberbullying behavior. Twelve states used the term “cyberbullying” explicitly, while others
A Word About Cyber-bullying
incorporate a range of related terms. These include references to electronic communications,
harassing communications, electronic acts, electronic abuse, use of electronic means, or use of data
or computer software. The specific definitions of cyberbullying found in state legislation are
presented 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

40. Federal Law is Ineffective
Federal policy exists, but has been entirely ineffective
in providing compensation for victims or inspiring
school 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.

41. 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)

42. 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

43. indicated in legislative debate and other policy discussion, this element represents a point of
disagreement 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

44. Discussion of Key Components
The next section describes state bullying legislation within each of the key components identified in
KEY 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 in
BULLYING 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

45. REPORTING

46. INVESTIGATION

47. SANCTIONS/PUNISHMENT

48. PREVENTION?

49. Why don’t the policies work?
Weddle, 2004 argues:

50. “School Climate” is the key lever.
• School climate, not socioeconomics, race or other
factor, is the key predictor of bullying.
Two factors:
social control
social cohesion

51. Policy Recommendation:
Carrots and Sticks
State policy outlines goals.
If schools implement policies, when bullying
occurs, schools are only held to negligence standard
unless 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?

52. 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

53. Carrots and Sticks
Liability
If schools implement policies, when
bullying occurs, schools are only held to
negligence standard unless there is
evidence of “wanton” or “willful”
disregard.
If schools fail to implement
policies, held to strict liability and
presumed liable.

54. What might a good school policy
look like?

55. Approaches to Bullying
in Massachusetts

56. 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.

57. 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.

58. 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.

59. 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.

60. Professional Development for Staff
The RPS must provide ongoing professional
development to increase the skills of all staff
members to prevent, identify, and respond to
bullying, cyberbullying, and/or retaliation.
The goal of professional development is to
establish a common understanding of all of
the elements of the districts Anti-Bullying
Program.

61. PREVENTION POLICIES
Parent Education and
Resources
District-Wide Anti
Bullying Curriculum

62. “Don’t Pick On Me”
(Why People Bully Others)
Middle School Bullying Prevention Curriculum
Guidance Counselor
Health Teacher
Adjustment Counselor

63. AGENDA
Day 1
– Bullying Survey
– Definitions and examples
– Effects of Bullying

64. AGENDA
Day 2
– Revere Public School System Anti-
Harassment Policy
– Equity Coordinator
– “Don’t Pick On Me” Video
– Discussion questions and strategies

65. AGENDA
Day 3
– “Don’t Pick On Me”
Continue Discussion Questions
– Role Play activities

66. AGENDA
Day 4
– Continue with Role Play activities
– Conclusion
Answer the essential question

67. 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

68. DEFINITIONS
Aggressor- Person who habitually is
bullying, 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

69. The Bullying Circle

70. 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?

71. 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.

72. 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.

73. Equity Coordinator
Ms. F is responsible for proactively addressing
issues of equity (racial, ethnic, gender, sexual
orientation, ability/disability) to create an
accepting school climate respectful of staff and
students.
Ms. F’s major role is to assist students with
concerns about sexual
harassment, bullying, and other forms of
harassment and bring the issue to the
appropriate authority.

74. Role Play
3. 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

75. BYSTANDER 101
Violence Prevention Unit

76. Bystander
Definition: 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 Bystanders
Hurtful 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.

77. 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?

78. 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.

79. 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

80. 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

81. 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

82. What are you looking for in the
bullying situation as a bystander?
• Physical Clues:
Facial Expressions
Body Language
• Verbal Clues:
Language
Tone
• Situational Clues:
What is observed---what is happening/going on

83. 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

84. POLICY
RECCOMENDATIONS
1. Strict liability: If school fails to implement an
anti-bullying policy, it will be held to a strict
liability standard.
2. “Carrot and stick”: If school implements state-
mandated anti-bullying policy, it will be held to a
negligence standard; if not, a strict liability
standard.
3. Shifted liability: If school implements anti-
bullying policies to the best of its ability, liability
will shift to parents of bullies and bullies.