Bullying and Harassment Solutions for Schools:

A Comprehensive System to Educate, Investigate and Remediate

Bullying Awareness

WilliaM (Bill) Berard, Jd

McGrath Training Systems 631 N. Milpas Street Santa Barbara, CA 93103 Tele: 800 733-1638 Fax: 805 682-8307 Website: mcgrathinc.com

Presenters: Mary Jo McGrath, Jd

NOTICE
Copyright 2002, 2005, 2006, 2007, 2008, 2011 by Mary Jo McGrath. All rights reserved. When forms and sample documents are included, their use is authorized only by educators, local school sites, and/or noncommercial or nonprofit entities who have participated in the professional development purchased and provided by their educational organization. Except for that usage, no part of this book may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the publisher.

Bullying and Harassment Solutions for Schools: A Comprehensive System to Educate, Investigate and Remediate Version 7.0 July 2011 Portions of this training manual have been published previously under other titles including The McGrath Sexual Harassment Investigation Training, Sexual Harassment: Minimize the Risk, The Early Faces of Violence: From Schoolyard Bullying and Ridicule to Sexual Harassment, Altering the Culture of Cruelty: A Safe Schools Program, and School Bullying: Tools for Avoiding Harm and Liability (Corwin Press, 2007). McGrath Training Systems 631 N. Milpas Street Santa Barbara, California 93103 (800) 733-1638 (805) 682-8307 - FAX www.mcgrathinc.com info@mcgrathinc.com

Bullying and Harassment: A Systemwide Adult Response

Your school district is taking a comprehensive approach to ending bullying and harassment by providing all five levels of McGrath training. This manual covers Level I. Level I: Level II: Classroom teachers and staff are trained and empowered to intervene, take measures, and record incidents. The behavior is brought to the attention of the administration, and an assessment is conducted to determine the appropriate next steps. Discussions are held with the involved parties. A designated and trained administrator conducts a full investigation, using the McGrath Template III. Parent / Guardian Night. Teachers trained to train students.

Level III: Level IV: Level V:

How Deep Is the Harm?

The immediate and long-term impacts on the victims ability to study and learn, their emotional health, and their self-esteem are staggering. The Dear Colleague Letter issued by the United States Department of Education, Office for Civil Rights, in October 2010, states that bullying and harassment can result in: Lowered academic achievement and aspirations Increased anxiety Loss of self-esteem and confidence Depression and post-traumatic stress General deterioration in physical health Self-harm and suicidal thinking Feelings of alienation in the school environment, such as fear of other children Absenteeism from school

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Three Bodies of Law

The same bullying and harassment behavior(s) may violate one or more areas of law: 1, school administrative law prohibiting bullying and justifying action under the student code of conduct and board policy and regulations; 2. criminal law (e.g., hate crimes); and 3. state and federal civil law statutes relating to anti-bullying provisions or even negligence; or under civil rights action if protected classification is involved and discrimination is found. The possibility of criminal prosecution for school administrators and staff is a frightening, yet not farfetched, prospect. It is vital that the adults in the school system be trained how to educate, investigate and remediate any bullying and harassment that may be occurring. They must be trained to respond in a professional, thorough and caring manner; to protect students from harm, create a safe learning environment, and avoid liability to the school district and its personnel for failure to do so.

When a School is Responsible

A school is responsible for addressing bullying and harassment incidents about which it knows or reasonably should have known. In some situations, harassment may be in plain sight, widespread, or well-known to students and staff, such as harassment occurring in hallways, during academic or physical education classes, during extracurricular activities, at recess, on a school bus, or through graffiti in public areas. In these cases, the obvious signs of the harassment are sufficient to put the school on notice. In other situations, the school may become aware of misconduct, triggering an investigation that could lead to the discovery of additional incidents that, taken together, may constitute a hostile environment. In all cases, schools should have well-publicized policies prohibiting harassment and procedures for reporting and resolving complaints that will alert the school to incidents of harassment.

The How To of the Adult Response

The initial step in a system-wide anti-bullying response is to cast a wide net of detection and intervention. This often is the best approach to prevention, as well. According to US Superintendent of Schools Arne Duncan: Every adult in the school from principals to custodians,cafeteria workers to teachers must intervene and act when they see bullying for whatever reason.
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Detection and early intervention start with equipping all adults with a streamlined tool to readily transmit information about possible bullying incidents. (See next page.) Disseminate this easily completed form to every adult at the school site, whether employee or volunteer, with the simple instructions for filling it out that are printed on the form itself.

Are We Doing the Right Thing?

Many current programs use some form of peer mediation or conflict resolution strategy that requires the victim to confront the perpetrator(s). The mindset that there is a conflict involved reveals a misunderstanding about the fundamental nature of bullying and harassment. Bullying is not a conflict but a domination of another, an abuse of power. The U.S. Department of Health and Human Services (2004) puts it this way: Bullying is a form of victimization. It is no more a conflict than are child abuse or domestic violence. Mediating a bullying incident may send inappropriate messages to the students who are involved. . . . The appropriate message to the child who is bullied should be, No one deserves to be bullied and we are going to do everything we can to stop it. The message for children who bully should be, Your behavior is inappropriate and must be stopped. Mediation may further victimize a child who has been bullied. It may be very upsetting for a child who has been bullied to face his or her tormentor in mediation. Do not refer complainants and/or alleged perpetrators in bullying and harassment incidents for conflict resolution or mediation. Honor the victims right NOT to confront the perpetrator(s).

A CRITERION TO HELP ID BULLYING

The McGrath Five-Point Criterion has been designed to assist in implementing school policy. It is an analytical process for thinking through and answering the question, Is it bullying or is it not? Specific factors can assist us in determining what has happened and whether that is bullying and/or harassment. These factors are embedded in the McGrath Five-Point Criterion, which asks these key questions: Was someone hurt? Was the behavior that hurt them unwelcomed? Was the behavior severe, persistent or pervasive? Did the behavior unreasonably interfere with educational opportunities and/or cause a substantial disruption of the orderly operation of the school? and Was the behavior subjectively and objectively hurtful or disruptive?

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Incident Report Form

1. This form should be used to identify a possible incident of bullying or harassment.

2. The staff who observes the conduct or receives the complaint completes this form, not the complaining student or staff.

profitorganizationthathaspurchasedthisbook.

Copyright2011byMaryJoMcGrath.Allrightsreserved.ReprintedfromBullying and Harassment Solutions for Schools: How to Educate, Investigate and

Remediate,,byMaryJoMcGrath.SantaBarbara,CA:VistaMarPublications,info@mcgrathinc.com.Reproductionauthorizedonlyforthelocalschoolsiteornon-

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School: Position: in which (Names of parties involved) on did the following (Date). Pushing Pinching Scratching Hairpulling Spitting Hitting Rape Biting Sexualassault Tripping Theft Kicking Extortion Slapping Destroyingordefacingproperty Childsexualabuse Assaultwithaweapon Arson Homicide Other: Racial,ethnicorreligiousslursorepithets Insultingremarksrelatedto disability,genderorsexualorientation Defacingorfalsifyingschoolwork Insulting/degradinggraffiti Harassingand/orfrighteningphone calls,emails,textorphonemessages Threateninganothertosecuresilence Challenginginpublic Unwantedsexuallysuggestive remarks,imagesorgestures Other: Playingmeantricks Insultingpublicly Ruiningareputation Threateningtoendarelationship Underminingotherrelationships Passivelynotincludingingroup Exclusion Ostracizing/totalgrouprejection Arrangingpublichumiliation Other: Ignoringsomeonetopunishorcoerce

3. Forward copies of the form to the site complaint manager and central office staff for followup.

do not interVieW the CoMPlaininG stUdent or staFF Ask simple questions to complete this form; Who? What? Where? When?

Date:

Teacher/Staff:

I saw / An incident was reported to me by / conduct toward

Circle all behaviors that apply.

PhysiCal CondUCt Harm to anothers body or property

Threateningphysicalharm

Makingthreateninggestures

Startingafight

Corneringorblockingmovement

Pushing/Shoving

eMotional CondUCt Harm to anothers self worth in person or electronically

Insultinggestures

Dirtylooks

Insultingremarks

NameCalling

Taunting

relational CondUCt Harm to another through damage (or threat of damage) to relationship or feelings of acceptance, friendship or group inclusion

Usingnegativebodylanguage

orfacialexpressions

Gossiping

Starting/spreadingrumors

The Essential Components of Bullying and Harassment

The McGrath Five-Point Criterion is used for determining what behavior constitutes bullying or harassment under board policy or law.

The McGrath Five-Point Criterion

Bullying
1. Did harm occur through an intentional act? 1.

Harassment
Is the behavior related to one of the following protected classifications?

Plus

2. 3. 4.

Is it unwelcome or unwanted? Is it severe or persistent or pervasive? Does the behavior substantially interfere with study, school-related activity, or the school?

5. Doesthebehaviormeetthesubjective/ objectivetestsorstandardsrelated to its level of interference with study or school?

Har

ass

me

race color nationalorigin sex gender disability sexualorientation(in some locales) religion

Bul lyin g

nt

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The Criterion: Point by Point

Point 1: Did Harm Occur and was a Protected Class Involved?
As stated, the first step in the analysis is to determine if there was an intentional act(s) that inflicted physical hurt or psychological distress. An intentional act(s) refers to the individuals choice to engage in the behaviors. It does not refer to the intent of the individual to achieve the ultimate impact or harm of the action(s). The primary distinguishing factor between bullying and bullying that is also illegal discriminatory harassment is whether the behavior is targeted at a member of a protected classification. Federally protected classifications include: Race, color, national origin under Title VI of the Civil Rights Act of 1964; Discrimination on the basis of sex under Title IX of the Education Amendments of 1972; and, Discrimination based on disability under Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990. Your policy may add additional protected classifications that are protected under state and federal law.

Point 2: Is the Behavior Unwelcome or Unwanted?

What is welcome differs with gender and with culture. For example, we have seen cases of African American children who call each other the n word, and among them it is not unwelcome. Yet this word would be completely unwelcome from a student or teacher of another race or even from another student who is of the same race but outside their group. Consent does not mean that the behavior is welcome. With bullying you often have an imbalance of power. The target may be consenting, yet that consent may be a defensive reaction. A person may not feel like he or she can say no, so he or she goes along. But going along does not mean the behavior was welcome. Furthermore, if dealing with sexual content, there are people who cannot legally consent to sex, including minors, people with certain disabilities, and those who are intoxicated.

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Point 3: Is the Behavior Severe or Persistent or Pervasive?

To be bullying or illegal harassment, behavior only has to fit one of these three criteria: Is it severe or persistent or pervasive? It may be all three at the same time. Severe behavior can be established with a single action. Actions that would typically be considered severe include physical assault resulting in injury or severe bodily harm, the threat of severe bodily harm, or the threat of severe bodily harm to ones family. The more severe the conduct, the less you need a pattern of behavior to establish bullying or illegal harassment. Persistent behavior, as the term implies, happens repeatedly. As a drip of water on the top of a hill eventually erodes the hill, a small action done persistently has a compounded impact and can cause harm cumulatively. Intent to act can be inferred from a pattern of persistent behavior in which a child has been warned by the target, I consider this harmful, and then repeats the behavior. Pervasive means the unwelcome behavior is everywhere one goes within the school environment. Sometimes the baton of bullying is passed, like in a relay race, from one tormentor to another. There are many schools in which the climate and culture allow pervasive harassment or bullying to take place. There is a tolerance for vicious behavior among students that has been cultivated and prevails.

Point 4: Does the Behavior Substantially Interfere With the Students Education?
The legal standard for bullying, harassment and discrimination claims requires that it be proved that the behavior unreasonably interferes with the students ability to get an education or substantially disrupts the operation of the school. Cyberbullying that occurs off campus may be acted upon by school authorities if it disrupts the school.

Point 5: Does the Behavior Meet Both Subjective and Objective Tests Related to Its Level of Interference With Student Education?
Unreasonable interference with education is assessed through a two-pronged test: subjective and objective. Subjectively, did the alleged victim experience unreasonable interference? Objectively, would a reasonable person similarly situated to the alleged victim be unreasonably interfered with, given the totality of these circumstances?

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A COMPANION PROCESS: SUCCEED WITH TRUE-SPEAK

Later in this manual, to further assist with the handling of potential bullying and harassment situations, the SUCCEED with TRUE-SPEAK System is presented. This is a companion system with processes and tools for thinking through what one learns from the Five-Point Criterion and problem solving using that information. The SUCCEED with TRUE-SPEAK system can guide the teachable moment conversations with students and the crucial conversations with the parents and guardians. TRUE-SPEAK helps educators foster a culture of support and caring for the entire school community, empowering schools to be proactive rather than reactive.

McGrath FICA Standard

R U E
T
+
x =

TRUST

RESPECT

UNDERSTAND

ENGAGE/EVOLVE

E A K
SP +
x =

SPECIFICS

EFFECTS

ATMOSPHERE

KICKOFF

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TRUE-SPEAK Standard: Questions

Principles

Practices
1. What happened in specific, factual detail?
Useyourfivesenses.Whatdidyou(oranother) see,hear,touch,tasteorsmell?Bespecific,without opinion.Avoidadjectives.

SP ecifics
espect

rust

2. What was the impact of what happened?

There needs to be a direct link between the specific facts and their EFFECTS, a cause-and-effect relationship. EFFECT is the meat of the situation why it matters that those specific facts occurred. You may include your professtional opinion here.

ffects

U understand A tmosphere E

3. What are the factors to consider?

What is the bigger picture around the event? What otherconditionsandcircumstancesexist?Consider what else is going on in the persons work or personal life.Ontheotherhand,isthistheeigthinteraction with the person on the same issue?

ngage

4. Given the above, what are the next action steps?

What is the appropriate action to take? You design the action based on the analysis of the Specifics, Effects and Atmosphere.

ickoff

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Communicating With the McGrath TRUE-SPEAK Standard

specifics:
Focused, clear, and precise descriptions Specific, observable, relevant behavior. No emotional responses. No opinions. No minutae.

effects:
Specific, observable impacts, along with your professional opinion, not your personal speculation. What happened as a result of this situation occurring? Watchoutforattributingfalsecausetosomething.Howdoyouknowthattheresa connection? Professionalopinionandjudgmentdobelonghere.

atmosphere:
Whats the big picture that this incident fits withinthe environment around the situation? Forexample,isthereafamilysituationorotherconditionweshouldknowabout because its affecting performance? Is there a pattern? Theatmosphereorcontextwithinwhichsomethingoccursgivesmeaningtothe whole.Whenthecontextchangestheappropriateactionstepchanges.

Kickoff:
AtthispointyouhavechoicesdependingontheoutcomeofworkingtheMcGrath TRUE-SPEAK.Itisaformulaforgrowth,notaformulawithapredeterminedoutcome. BecauseyouhavealreadyincludedSpecifics,Effects,andAtmospherewithhonesty, clarity,andspecificity,youdontneedtoexplainyourrationalefortheactionsagain. ItisvitalthattheMcGrathTRUE-SPEAKbekeptinitsexactorder.Itisalogicformula, each section standing on the one that precedes it.

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Exercise
Directions:
1. Form a triad of 3. Assign roles to each of the triad members. These roles are the educator 2) the student or parent/guardian and 3) the coach. The role of the coach is to help the two other team members to design their TRUE-SPEAK to adequately meet the requirements of the situation that has arisen and to provide feedback regarding the TRUE-SPEAK that is being employed. 2. Decide if the situation is bullying, sexual/racial, gender and/or ethnic harassment, roughhousing and/or competition. Be prepared to defend your decision. 3. For each of the case studies below, prepare role-plays using TRUE-SPEAK chats with the principal players in the incidents. If information needs to be added to enable a complete TRUE-SPEAK chat to be possible, you may supply it. 4. Your role-plays should be complete enough that the audience can find all relevant information in the chats themselves. 5. Be prepared to answer questions from the audience regarding the content, style and substance of your chats.

SITUATION A
Players: Lucy, a 4th grade student Tom, a 4th grade student Pat, a teacher supervising the playground Situation: Pat is a noontime break monitor. After the lunch break, Lucy comes to Pat and complains that Tom is bugging her. Lucy tells Pat that Tom pulled her hair, called her a dumb girl and said that he was going to beat her up after school for being so mean to him. This is the third time this week that Lucy and Tom have been involved in an incident. On the bus on the way to school on Monday, Lucy told Tom that he was a chicken for not joining the 4th grade spelling team and Tom told Lucy to shut up and pinched her arm. Lucy told Pat about this and Pat told Tom to leave Lucy alone. The next incident happened in Pats classroom on Wednesday where Tom shot paper clips with a rubber band at Lucy and called her Loosey Lucy. Lucy then hit Tom on the arm and called him a dumb boy. Then the incident during lunch break occurred.

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SITUATION B
Players: Terry, a high school sophomore Sam, a high school senior Leslie, the high school principal in charge of discipline Situation: Terry and Sam were caught fighting in the parking lot after classes. Terry says that Sam came after him because Sam had heard the rumor that Terry had said that Sam was gay. Terry says that he was only defending himself from Sam who has attacked Terry before- notably at the football game last week when Sam threw food at Terry and called him a jerk because Terry asked Sams girlfriend to go out with Terry. No one reported that incident to the school authorities. There have been other incidents where Sam spread rumors that Terry had AIDS and that he is a homosexual. As Principal, Leslie is meeting individually with Sam and Terry to determine what should happen. Suspension at this school is not the only option for action available when two students engage in fighting.

SITUATION C
Players: Alice, a kindergartener Peggy, a kindergartener Margie, Alices mother Principal Smith, Principal of the school Situation: Alice is a hyperactive student and has frequently taken items from Peggy who is shy and quiet. Peggy has been complaining of stomachaches and says that she hates school and doesnt want to go there anymore when Alice is around. Principal Smith sees Peggy coming to school one day and asks her how things are going. Peggy cries and says that Alice is really mean and that her teacher just yells at Alice all the time. Principal Smith, after investigating, calls Margie in for a parent conference about Alices behavior.

SITUATION D
Players: Emily, an eighth grade student Juan, an eighth grade student Bob, an eighth grade student Ahmed, an eighth grade student Teresita, an eighth grade teacher Situation: At lunch, Emily, Juan and Bob are eating at the same table. Ahmed comes up and asks if he can eat with them. Emily says, No. We dont like you. Youre not American. Ahmed answers, I am, too, American. My dad says so. Bob says, Get lost. You talk funny, as Juan laughs. Teresita doesnt hear what is said, but sees Ahmed turn around and sit at a table alone.
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McGrath Training Systems Evaluation Form

Name: Title: Organization: McGrathTrainer: Date: E-Mail: Dept/Site:

Please circle a numerical response for each statement below using the following criteria: 1. I strongly disagree 4. I agree 2. I disagree. 5. I strongly agree 3. I do not feel strongly either way.

Course Design
1. 2. 3. 4. 5. 6. Theobjectivesforthiscoursewereclear. Theobjectivesforthiscourseweremet. The course materials and activities supported learning. The progression of the course was logical and coherent. The course materials and concepts were challenging. The course pacing worked well for me. If disagree: [ ] too fast [ ] too slow

Low

High

12345 12345 12345 12345 12345 12345

Instructors Characteristics
7. 8. 9. The instructor was clearly knowledgeable. The instructor was clear and effective in his/her presentation. The instructor had good rapport and engaged the group. 12345 12345 12345 12345 12345 12345 12345 12345 12345

10. Theinstructorsynthesized,integratedandsummarizedeffectively. 11. The instructor was respectful and professional. 12. The instructor checked on participants understanding and clarified key points. 13. The instructor facilitated powerful group discussion and interaction. 14. Theinstructorsupportedmylearningthroughrelevantissues/examples. 15. The instructor trained and developed people.

Participant Outcomes
16. Myknowledgeandunderstandingoftheissues,processesandliabilitieshave expandedasaresultofthisprogram. 17. I would recommend this program for my colleague 12345 12345

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McGrath Training Systems Evaluation Form Comments

I expected . . . I received . . .

I valued . . .

I need . . .

IrecommendMcGrathcontactthefollowingperson(s)whomaybeinterestedinmoreinformation:

Name/Title

Organization

PhoneNumber

Name/Title

Organization

PhoneNumber

Name/Title

Organization

PhoneNumber

Name/Title

Organization

PhoneNumber

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