Bullying/Cyberbullying Legal and Ethical Guide by https://padlet.com/ckittley13/h2t6jpykg7gxjyjx en-us 2022-02-22 22:54:05 UTC 2022-03-04 23:41:34 UTC hello@padlet.com (Tex. Educ. Code §37.0832) ckittley13 https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2065553051
  • Defines bullying as " a single significant act or a pattern of acts by one or more students directed at another student that exploits an imbalance of power and involves engaging in written or verbal expression, expression through electronic means, or physical conduct" (Tex. Educ. Code §37.0832).
  • Can include cyberbullying if it interferes with a student's education or interrupts the orderly operations of the school environment.
  • The school board must adopt a bullying policy, prohibiting bullying and procedures to follow in an instance of bullying.
  • These policies must be included in the employee and student handbook.



    • ]]>     2022-02-25 01:03:31 UTC https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2065553051     (Kowalski v. Berkeley County Schools, 2011) ckittley13 https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2065604843
  • Kowalski, a senior at Musselman High School, in Berkeley County, West Virginia was suspended for five days for creating a post on MySpace.com about another student.
  • She created a post called “S.A.S.H.,” which Kowalski claims stood for “Students Against Sluts Herpes”, ridiculing another student. 
  • She filed a suit against the school district claiming that they violated her First Amendment free speech rights and because the post was created at home, it was not a school matter. 
  • The court determined that the school was within rights to suspend her because Kowalski's post created a foreseeable school disruption.
    • ]]>     2022-02-25 01:43:02 UTC https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2065604843     (Tex. Educ. Code §21.451) ckittley13 https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2065612365 All educators are required to have staff development on the following:
    • suicide prevention
    • strategies for establishing and maintaining positive relationships among students, including conflict resolution
    • preventing, identifying, responding to, and reporting incidents of bullying.
    ]]>     2022-02-25 01:48:50 UTC https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2065612365     ckittley13 https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2065713495 2022-02-25 03:15:56 UTC https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2065713495 (Rule ISD Student Handbook, 2021). ckittley13 https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2067171282  Bullying (All Grade Levels)
    Bullying is defined in state law as a single significant act or a pattern of acts by one or more students directed at another student that exploits an imbalance of power and involves engaging in written or verbal expression, expression through electronic means, or physical conduct 
    that: 
    • Has the effect or will have the effect of physically harming a student, damaging a student’s property, or placing a student in reasonable fear of harm to the student’s person or of damage to the student’s property; 
    • Is sufficiently severe, persistent, or pervasive enough that the action or threat creates an intimidating, threatening, or abusive educational environment for a student; 
    • Materially and substantially disrupts the educational process or the orderly operation of a classroom or school; or  
    • Infringes on the rights of the victim at school. 

    Bullying includes cyberbullying. Cyberbullying is defined in state law as bullying that is done through the use of any electronic communication device, including through the use of: 
    • A cellular or other type of telephone 
    • A computer
    • A camera 
    • Electronic mail 
    • Instant messaging 
    • Text messaging 
    • A social media application 
    • An internet website 
     If a student believes that he or she has experienced bullying or witnesses the bullying of another student, the student or parent should notify a teacher, school counselor, principal, or another district employee as soon as possible. Procedures for reporting allegations of bullying may be found on the district’s website. 

    A student may anonymously report an alleged incident of bullying by contacting Shana Wooton, Principal, or Stacy Jones, Counselor. 

    The administration will investigate any allegations of bullying and related misconduct. The district will also provide notice to the parent of the alleged victim and the parent of the student alleged to have engaged in bullying. 

    If an investigation determines that bullying occurred, the administration will take appropriate disciplinary action and may, in certain circumstances, notify law enforcement. Disciplinary or other action may be taken even if the conduct did not rise to the level of bullying. 

    Available counseling options will be provided to the affected individuals, including any student who witnessed the bullying. 

    Any retaliation against a student who reports an incident of bullying is prohibited. 

    Upon recommendation of the administration, the board may transfer a student found to have engaged in bullying to another classroom at the campus. In consultation with the student’s parent, the board may transfer the student to another campus in the district. 

    The parent of a student who has been determined to be a victim of bullying may request that the student be transferred to another classroom or campus within the district (Rule ISD Student Handbook, 2021, p. 28-29).

    In the Rule ISD Student Handbook, it gives a clear definition of what bullying is and that it includes cyberbullying. It also explains the procedures for reporting bullying and what is entailed if there is an incident of bullying.
    ]]>     2022-02-26 01:27:53 UTC https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2067171282     (ASCA, 2016). ckittley13 https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2067609528 A.11. Bullying, Harassment and Child Abuse

    School counselors: 

    a. "Report to the administration all incidents of bullying, dating violence and sexual harassment as most fall under Title IX of the Education Amendments of 1972 or other federal and state laws as being illegal and require administrator interventions. School counselors provide services to victims and perpetrator as appropriate, which may include a safety plan and reasonable accommodations such as schedule change, but school counselors defer to administration for all discipline issues for this or any other federal, state or school board violation" (ASCA, 2016, p. 5).

    This ethical code tells school counselors that they should report all incidents of bullying to their administration. School counselors should also provide appropriate services to students that have been bullied, but they are not responsible for the discipline of students. ]]>     2022-02-26 16:19:07 UTC https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2067609528     (National Education Association, 2020) ckittley13 https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2067856976 To help advocate for bullied students, we as educators need to help create a culture of respect and understanding in the school environment. To help do this educators should be present and available, create a safe learning climate, follow a school's bully prevention plan, learn bullying behaviors, and when to intervene. Educators should also develop bully prevention programs to help target behaviors and create social-emotional learning programs (National Education Association, 2020).]]> 2022-02-27 02:10:52 UTC https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2067856976 (Murez, 2021) ckittley13 https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2067876018 A new study reveals which students may be at risk of getting bullied and for what reasons:
    1. Students of different races/minorities
    2. gender
    3. sexual orientation
    4. religion
    5. disability
    6. immigration status 
    • A bullied victim may suffer physically and mentally, they are also more likely to become violent themselves.
    • To evaluate the impact of bullying, researcher Chardée Galánher and her team surveyed nearly 4,000 ninth- through 12th-graders at 13 public high schools in Pittsburgh.
    • Almost 10% of the students reported experiencing race-based bullying, and nearly 6% had bullied someone because of their race, the study found.
    • The survey linked bullying with self-harm, suicidal thoughts and greater involvement in violence.
    • She said it is important to continue to push for anti racist practices in schools and understanding youth within larger oppressive systems.
    • Gender-diverse Black and Hispanic youth reported the highest rates of being bullied and of bullying, the survey found (Murez, 2021). 
    ]]>     2022-02-27 02:58:50 UTC https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2067876018     (McCombs, 2021) ckittley13 https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2067880497
  • A ten year old student committed suicide after being continually bullied at school.
  • Izzy was autistic and the only Black student in her class, which influenced some of the bullying. She was also harassed because of her skin color, eyebrows, and a beauty mark on her forehead. 
  • Izzy's mother informed her teacher and the school district about the bullying and nothing was done.
  • Her shocking death triggered an outpouring of anger about youth suicides, racism in the classroom and the treatment of children with autism.
  • In Utah, the suicide also intensified questions about the Davis School District, which was recently reprimanded by the Justice Department for failing to address widespread racial discrimination.
  • The Justice Department investigation uncovered hundreds of documented uses of the N-word and other racial epithets over the last five years in the district. The probe also found physical assaults, derogatory racial comments and harsher discipline for students of color (McCombs, 2021).
    • ]]>     2022-02-27 03:09:45 UTC https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2067880497     (42 U.S.C. § 2000D ET SEQ.) ckittley13 https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2070631829
  • It prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance.
  • A school district can be in violation of anti-discrimination laws when harassment or bullying of a student results in a hostile environment, and when it is not sufficiently dealt with. 
  • Sometimes bullying overlaps with discriminatory harassment when it is based on race, national origin, color, sex, age, disability, or religion.
    • ]]>     2022-03-01 02:24:30 UTC https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2070631829     When Bullying Violates Your Civil Rights ckittley13 https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2070657584 2022-03-01 02:46:33 UTC https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2070657584 ckittley13 https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2072434858 Bullying and cyberbullying is something that educators have to deal with daily. This is a topic that all educators need to be aware of, because it is widespread and causes many problems in schools. In my future role as a school counselor, I know that this is a hot topic that I will have to deal with, so I want to know the right laws and policies to follow when I am confronted with bullying issues. It is a school counselors' ethical duty to report any type of bullying to administrators. It is also a school counselors' role to advocate for student rights and to protect students' physical and mental health. These laws and policies can help school counselors educate students, parents, staff, and teachers on how to help prevent bullying, the warning signs of bullied students, and what the consequences of bullying are. This information can also help the school board and administration in the making of school policies related to bullying. ]]> 2022-03-01 23:07:16 UTC https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2072434858 ckittley13 https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2072464418 In my personal educational journey, legal and ethical standards have helped paved the way for my education and rights. Laws such as Title IX of the Educational Amendment have allowed me to pursue my education as a woman and not be discriminated against. As a teacher and in my future role as a school counselor, I know that all situations are not going to be black and white. That is why it is important to follow ethical standards, so educators can make the best decisions for students. It is important to set laws and policies in place, so that when an issue arises educators can back themselves up legally when a discipline issue or other ethical issue occurs. These laws are also set in place to protect peoples' rights, so they are not discriminated against. Learning about different legal and ethical standards have helped me learn more about different issues I may face as a school counselor, and what I can do when those issues come about. They have also taught me that in order to combat issues such as bullying, school counselors need to help students understand their emotions, coping skills, and how to be an upstander. By teaching students positive character traits, it can help promote a positive school culture.]]> 2022-03-01 23:47:35 UTC https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2072464418 ckittley13 https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2072477992 2022-03-02 00:03:40 UTC https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2072477992 ckittley13 https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2072625112
  • Commit to creating and sustaining a positive school environment in your school
  • Form or identify existing team to coordinate bullying prevention efforts
  • Regularly assess and monitor prevention efforts (e.g. climate survey and behavioral incident data)
  • Garner student, staff, parent, and community support and build partnerships
  • Establish or revise and enforce school policies and procedures related to best practices in bullying prevention and intervention
  • Increase active adult supervision in “hot spots” where bullying occurs
  • Intervene immediately, consistently, equitably, and appropriately when bullying behavior occurs
  • Dedicate class time to teaching and empowering students in bullying awareness and skills in prevention, appropriate intervention, and reporting
  • Utilize culturally responsive strategies, and skills that are inclusive and enhance communication and relationship building
  • Continue to implement, update, and monitor these efforts over time (Colorado Department of Education, 2019).

    • ]]>     2022-03-02 01:55:14 UTC https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2072625112     stopbullying.gov ckittley13 https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2072630973 2022-03-02 01:59:22 UTC https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2072630973 ckittley13 https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2074749555 2022-03-03 01:31:48 UTC https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2074749555 ckittley13 https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2076922125 My interview was conducted with Shana Wooton, principal at Rule Independent School District (personal communication, February 24, 2022). 

    With the instant access to social media, and decreasing age in which students have access to phones, cyberbullying is at an all time high.  This is not only a detriment to these students but to their education as well.  Teachers, counselors, and administrators spend vital time that is needed for education on issues dealing with social media and drama surrounding phones in general. Bullying is an important legal topic because the mental health and safety of students are important. When students do not feel safe and supported at school then they cannot learn. Bullying can lead to stress and anxiety for students, which can affect their academics as well as their mental health. Bullying, especially cyberbullying is always an issue that has to be dealt with. Even though cyberbullying may be done off campus, it can cause a major disruption for students at school. There have been many court cases that have allowed schools to discipline students for cyberbullying, which is in a school’s favor. Cyberbullying can be tricky because there is not a clear-cut way to deal with this issue, especially Snapchat. You have to be careful not to violate a student’s rights, while also protecting the student that is being bullied. 

    Best practices include: 
    • follow school policies related to bullying prevention/intervention
    • train staff on preventing, identifying, and responding to bullying
    • help to promote a positive school culture
    • educate students about bullying awareness 

    ]]>     2022-03-04 00:47:57 UTC https://padlet.com/ckittley13/h2t6jpykg7gxjyjx/wish/2076922125