BULLYING: LEGAL AND ETHICAL

IMPLICATIONS
SONIA KOSMALA, HALEY WILDE, DR. MARIA HERNNDEZ FINCH
WHAT IS BULLYING?
WHAT DOES IT LOOK LIKE?
BULLYING - WHAT IS IT?

Definition:
Unwanted, aggressive behavior involving real or perceived imbalance of
power that is repeated over time, or has the potential to be repeated
over time.

(Stopbullying.gov, 2017)
WHAT DOES BULLYING LOOK LIKE?

Verbal saying or writing harmful things

Teasing, name calling, inappropriate sexual comments, threatening

Social/Relational harming someones reputation or relationships

Exclusion, harmful gossip/rumors, intentionally embarrassing someone in public

Physical harming someones body or possessions

Hitting, kicking, spitting, pushing, tripping, breaking or stealing someones things, inappropriate
gestures
Cyberbullying bullying that takes place using electronic technology
Text messages, emails, fake profiles, embarrassing pictures, videos

(Stopbullying.gov, 2017)
WHERE DOES BULLYING OCCUR?

School Setting:
Most often within the school building
Playground and recess
On the bus to and from school
Outside of School:
Neighborhood
Social settings
Electronics, internet, and social media

(Stopbullying.gov, 2017)
WHO IS INVOLVED?

Direct:
Kids who bully
Kids who are bullied
Indirect:
Kids who assist
Kids who reinforce
Outsiders
Kids who defend

(Stopbullying.gov, 2017)
EFFECTS OF BULLYING

Evidence of negative outcomes and effects for every role related to bullying
Kids who are bullied:
Emotional distress, mental health issues, physical symptoms, negative academic consequences

Kids who bully:

Problems with substance abuse, violence, crime, sexual activity, future abusive behaviors

Bystanders:
Increased substance use and mental health issues, and more attendance problems

(Stopbullying.gov, 2017)
STATISTICS

20% or 1 in 5 students report being bullied (National Center for Educational Statistics, 2016)

45% of middle schools report being bullied at school, 24% report being
cyber bullied (CDC, 2016)

20% of high schools report being bullied at school, 15% report being
cyber bullied (CDC, 2016)
STATISTICS

Students with disabilities are 2-3 times more likely to be bullied than
nondisabled peers (Marsh, Kendall, Banks, & Gover, 2009)

24% African-American, 17% Hispanic, and 9% Asian students report being

bullied at school (National Center for Educational Statistics, 2015)

36-74% LGBT students report being bullied and 55% report feeling unsafe at
school (National School Climate Survey, 2013)
INDIANA ANTI-BULLYING LAW

P. L. 285-2013 requires districts and schools to:

Develop policies, standards, and procedures related to bullying identification,
prevention, and intervention.
Ensure that staff members and volunteers receive training on bullying
Provide instruction to students about bullying
Report the number of bullying incidents by category every year

(Indiana Department of Education, 2016)

INDIANA ANTI-BULLYING LAW

School corporations must:

Prohibit bullying
Develop policies that include:
Provisions concerning education, parental involvement, reporting, investigation,
and intervention
Procedure for expedited investigations of bullying incidents
Procedure outlining the use of follow-up services for target and bullying
education for the aggressor

(Indiana Department of Education, 2016)

INDIANA ANTI-BULLYING LAW

If the nature of the bullying incident is considered a criminal offense, law

enforcement will be contacted
Schools will create and send reports of all bullying incidents according to
type, location, and consequence to their superintendent on a monthly
basis
School boards will receive reports of bullying incidents on a quarterly
basis

(Indiana Department of Education, 2016)

 State Listing

https://www.stopbullying.gov/laws/index.html
 STUDENT-FOCUSED

Encourage students to reach out and report

Seek help from a trusted adult at the school
Report bullying behaviors of any kind

(Kueny & Zirkel, 2012)

 PROGRAM EVALUATION

Assessing when and where bullying is most likely to occur

Assessing school climate (i.e., perceptions of feeling safe, student
responses)
Keeping track of discipline referrals
Frequency
Reason
Other variables contributing to disciplinary measures being taken

(Indiana Governors Council for People with Disabilities, 2012)

 SKILL BUILDING
Professional development for teachers and staff
Know which groups of students are most vulnerable
Learn to recognize bullying behaviors
Be a resource for students
Knowledge of help/life lines
Community resources
School resources (i.e., offering to go with the student to a guidance counselor)
Be involved!
Students considered at-risk may be victims of bullying, bullies, or both
Get to know students, if possible
Consequences for bullying are clear
Behaviors are dealt with immediately and appropriately
School has high academic standards
(Evidence-based Practices for Preventing and Addressing Bullying, 2013; Kueny & Zirkel, 2012)
 POSITIVE BEHAVIORAL INTERVENTIONS AND SUPPORTS (PBIS)
Can be a systems-level or individually focused
Promote good citizenship
Responsibility
Helping others
Specifying and enforcing positive replacement behaviors
Reinforcement
Has to be something students respond to
Reward analysis
Cultural and regional considerations
Urban
Rural
Suburban
(Bradshaw, 2013; Bradshaw, Pas, Debnam, & Johnson, 2015)
Multiculturalism
https://www.pbis.org/Common/Cms/Images/school_pages/RtI_System_resize.png
 PBIS CONTD.

Have school personnel and other relevant individuals (i.e., interventionists, student teachers,
bus drivers, nurse, etc.) become involved
Modeling positive/desired behavior
If possible, foster a sense of community
Home-school collaboration

With such plans in place, proactively reduce the chances of problem behaviors occurring

(Steege & Watson, 2008)

http://onhandschools.com/index.php/download_file/
view_inline/366
 LGBTQIA+

Bullied LGBTQIA youth 2-4x more likely to attempt suicide when compared to non-LGBTQIA
youth
9 out 10 LGBTQIA youth experienced bullying or assault last year
About 2/3 of youth were sexually harassed last year
LGBTQIA students are about 2x as likely to say they will not be attending college or finishing
high school
44% felt unsafe at school due to their gender identity
64% felt unsafe due to their sexual orientation

Cianciarulo, 2015; https://nobullying.com/lgbt-bullying-statistics/; www.stompoutbullying.org; https://www.stopbullying.gov/prevention/at-school/rules/index.html

 LGBTQIA+ CONTD.

Title IX and Title IV do not deal with discrimination based on students

sexual orientation; however, these protect all students from sex-based
harassment

Confidentiality

https://www.stopbullying.gov/laws/federal/index.html#civil
CAMPUS OPPORTUNITIES
 CONCLUSIONS

Awareness
Inclusivity
Positive behavioral practices
Consistent discipline (when necessary)
Safe school environment
Keep parents/guardians involved + home-school collaboration
 RESOURCES

bpindyinc.org 1-800-273-TALK (8255)

bullypolice.org https://www2.ed.gov/about/offices/list/
cdc.gov/lgbthealth/youth-resources.htm ocr/frontpage/pro-students/
doe.in.gov/student-services/bullying protectingstudents.html
gsanetwork.org http://www.glaad.org/
kidpower.org indianayouthgroup.org
in.gov/attorneygeneral imatyfa.org
pacer.org/bullying muncieoutreach.org
pbis.org
safesupportiveschools.ed.gov
stompoutbullying.org
stopbullying.gov
http://www.thetrevorproject.org/
QUESTIONS?
 REFERENCES
Bradshaw, C. P. (2013). Preventing Bullying through Positive Behavioral Interventions and Supports (PBIS): A Multitiered Approach to Prevention and
Integration. Theory Into Practice, 52(4), 288-295. doi:10.1080/00405841.2013.829732

Bradshaw, C. P., Pas, E. T., Debnam, K. J., & Johnson, S. L. (2015). A Focus on Implementation of Positive Behavioral Interventions and Supports (PBIS) in High
Schools: Associations With Bullying and Other Indicators of School Disorder. School Psychology Review, 44(4), 480-498.

Cianciarulo, M. S. (2015). Refugees in our midst: Applying international human rights law to the bullying of LGBTQ youth in the united states. Columbia
Human Rights Law Review, 47(2), 55.

Effective Evidence-based Practices for Preventing and Addressing Bullying (2013). Retrieved from https://www2.ed.gov/policy/speced/guid/idea/
memosdcltrs/bullyingdcl-enclosure-8-20-13.pdf

Hillard, P., Love, L., Franks, H. M., Laris, B. A., & Coyle, K. K. (2014). 'They Were Only Joking': Efforts to Decrease LGBTQ Bullying and Harassment in Seattle
Public Schools. Journal Of School Health, 84(1), 1-9.

Indiana Governors Council for People with Disabilities (2012). Bullying. Spark, 2(5), 1-16.

Kueny, M. T., & Zirkel, P. A. (2012). An analysis of school anti-bullying laws in the united states. Middle School Journal, 43(4), 22-31, doi:
10.1080/00940771.2012.11461817

No Bullying (2016). LGBT bullying statistics. Retrieved from https://nobullying.com/lgbt-bullying-statistics/

REFERENCES
Steege, M. W., & Watson, T. S. (2008). Best practices in functional behavioral assessment. In Thomas, A., & Grimes, J.
(Eds.), Best practices in school psychology V (pp. 337-347). Bethesda, MD: National Association of School Psychologists.

Stomp Out Bullying (2016). Retrieved from http://www.stompoutbullying.org/index.php/information-and-resources/

about-bullying-and-cyberbullying/what-you-can-do

Stop Bullying (2014). Retrieved from https://www.stopbullying.gov/laws/federal/index.html#civil

U.S. Department of Education. (2015). Retaliation. Retrieved from https://www2.ed.gov/about/offices/list/ocr/frontpage/

pro-students/retaliation-pr.html

U.S. Department of Education. (2016). Sex discrimination. Retrieved from https://www2.ed.gov/about/offices/list/ocr/

frontpage/pro-students/sex-pr.html