Presentation Transcript

1. A Safe & Secure Environment for Learning

   Session VII: CED614 Harvey Hoyo, Ed.D. National University- Costa Mesa

2. With this presentation you will learn….

   Legal implications of ignoring sexual harassment Emotional costs to victims Role of the U.S. Department of Education for Civil Rights Tensions between school violence & confidentiality issues Bullying: Legal implications

3. What do See?

   ●A fashionable young woman from a bygone era? ●An ugly witch? ●Which one is the truth?

4. Quick Write # 1

   1.How would you define sexual harassment? 2. What are the types of sexual harassment? 3. What is the impact of sexual harassment on a student? 4. If sexual harassment happened to you, what would you do? 5. How can you prevent sexual harassment?

5. The Cost of Sexual Harassment

   ● Cost of litigation ● The EEOC reported that a typical large Fortune 500 company spends an estimated $6.7 million annually in: Low morale Reduced productivity Increased employee turnover Absenteeism

6. The Cost of Sexual Harassmentin school

   In addition to the institution, students may also suffer: Receive lower grades Change majors Drop out of school
7. Sexual Harassment What is it? sex-u-alha-rass-ment \`sek-sh(e-)wel he-`ras-ment\ n (1975): According to Merriman-Webster’s Collegiate Dictionary (3rd Ed.), it is: uninvited and unwelcome verbal or physical conduct directed at an employee and or student because of his or her sex.
8. 3 Elements Defining Sexual Harassment

9. A Legal DefinitionThe Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendment of 1972

   Sexual harassment is any unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:

10. A Legal Definition Quid Pro Quo

    ●Submission to the conduct is made either explicitly or implicitly a term or condition of instruction, employment, or participation in other school activity, ●Submission to or rejection of such conduct by an individual is used as a basis for evaluation in making academic or personnel decisions, or

11. A Legal Definition Hostile Environment

    Such conduct has the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile, or offensive school environment.

12. Necessary Showings

    The conduct must be unwelcome, and either result in a tangible employment action, (Quid pro quo), or Be sufficiently severe or pervasive “to alter the conditions of employment (if a school employee) and create an abusive working environment. (if a student) ” (Hostile environment)
13. “Unwelcome” Is Not the Same As “Involuntary.”
14. When is an environment “hostile” or “abusive”? Look at all circumstances. How frequent is the conduct? How severe is the conduct? Is the conduct physically threatening or humiliating? Is it “a mere offensive utterance”? Does it unreasonably interfere with work or school performance?
15. Social Context Oncale v. Sundowner Offshore Services

16. Example

    Is a football player’s environment severely or pervasively abusive if the coach smacks him on the buttocks as he heads onto the field? Would the same behavior reasonably be experienced as abusive if the coach did the same action to a player in his third period history class?

17. What are the different types of sexual harassment?

    Sexual Favoritism – ●Favored treatment, a form of hostile work/educational environment sexual harassment It is sexual harassment because other co-workers or students failed to be similarly favored as the one who was favored

18. What are the different types of sexual harassment?

    Third Party – Any person who observes someone else being harassed, or observes sexual conduct and is adversely affected may claim this type of sexual harassment Example, harassment witnessed of a coworker by student, vendor, contractor, consultant, volunteer, guest speaker, or visitor

19. Quick Write # 2

    What do you think sexual harassment might look like in the high school setting? Among staff Among faculty In the classroom The School District can be held liable if the school knew or should have known of the harassment yet failed to take prompt and effective action

20. Sexual Harassment PolicyLa Mesa-Spring Valley School District

    Board Policy: 5131.9 The Board of Education is committed to maintaining a learning environment free of harassment. The District prohibits any form of sexual harassment of any student by an employee, student, or other person at any school- or related activity, that has the purpose or effect of having a negative impact on a student’s academic performance or, of creating an intimidating, hostile, or offensive environment . . .

21. Sexual Harassment PolicyLa Mesa-Spring Valley School District

    Board Policy: 5131.9 (con’t) Sexual harassment includes, but is not limited to: unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature.

22. from student handbookMountain View, Ca.

    Any person who wishes to discuss or file a complaint based on discrimination or harassment should first seek remedy through the office of the school’s principal. If the issue cannot be resolved at the level of the principal, a formal complaint should be filed with the District’s Title IX compliance officer, the Associate Superintendent for Educational Services, Brigitte Sarraf. After a complaint has been duly investigated and if the complainant is dissatisfied with the District's decision, the complainant may file a written appeal with the Board of Trustees or the California Department of Education within 15 days of receiving the District's decision. (page 46)

23. Important Legislation

24. Quick Write # 3

    1.How would you define sexual harassment? 2. What are the types of sexual harassment? 3. What is the impact of sexual harassment on a student? 4. If sexual harassment happened to you, what would you do? 5. How can you prevent sexual harassment?

25. Session Session VII – Part II

    Bullying Cyberbullying

26. Quick Write # 4:

    What is bullying?

27. What is Bullying?

    Bullying is any ongoing physical or Verbal mistreatment where there is: an imbalance of power and the victim (target) is exposed repeatedly to negative actions on the part of one or more other students.

28. Bullying can be:

    Direct Face to face Verbal Insults, putdowns, teasing, harassment Physical Shoves, pushes, hitting, assault Psychological Rolling eyes, dirty looks, utteringthreats, Extortion

29. Characteristics of a bully

    May have high self-esteem May be popular More likely to engage in other problem behaviors later in life (criminal activity, alcohol, or other drug abuse)

30. Characteristics of Victims

    Passive Quiet, anxious & insecure Upon entering adulthood, “normalize” - no longer victims (may have continued lower self-esteem and be more prone to depression) Provocative Reactive, clumsy, impulsive, irritating Attempt to fight or answer back when attacked, but not effectively Often hyperactive, have difficulty concentrating and act in ways that irritate others

31. Bullying is violence using any mean word, look, sign, or act that hurts a person’s body, feelings, or things.

    Bullying is violence
32. How far should things go before bullying behavior is addressed? Before it interferes with the health, academics or learning process of a student.
33. Hyperlink to bully quiz <Bullyquiz.htm>

34. Cyber Bullying Tools

    E-mail Cell phones Pager text messages Instant messaging Defamatory personal web sites Defamatory online personal polling web sites Chat rooms
35. Differences Bullying DIRECT Occurs on school property Poor relationships with teachers Fear retribution Physical: Hitting, Punching & Shoving Verbal: Teasing, Name calling & Gossip Nonverbal: Use of gestures & Exclusion www.stopbullyingnow.hrsa.gov CYBERBULLYING ANONYMOUS Occurs off school property Good relationships with teachers Fear loss of technology privileges Further under the radar than bullying Emotional reactions cannot be determined {McKenna & Bargh, 2004; Ybarra & Mitchell, 2004}
36. Cyberbullies Characteristics “Inadvertent” Role-play Responding May not realize it’s cyber bullying “Vengeful Angel” Righting wrongs Protecting themselves “Mean Girls” Bored; Entertainment Ego based; promote own social status Often do in a group Intimidate on and off line Need others to bully; if isolated, stop “Power-Hungry” Want reaction Controlling with fear “Revenge of the Nerds” (“Subset of Power-Hungry”) Often Victims of school-yard bullies Throw ‘cyber-weight’ around Not school-yard bullies like Power-Hungry & Mean Girls {Parry Aftab. Esq., Executive Director, WiredSafety.org}

37. CYBER BULLYING PREVALENCE

    42% of kids have been bullied while online. 1 in 4 have had it happen more than once. 35% of kids have been threatened online. Nearly 1 in 5 have had it happen more than once. 21% of kids have received mean or threatening e-mail or other messages. 58% of kids admit someone has said mean or hurtful things to them online. More than 4 out of 10 say it has happened more than once. 53% of kids admit having said something mean or hurtful to another person online. More than 1 in 3 have done it more than once. 58% have not told their parents or an adult about something mean or hurtful that happened to them online.
38. Cyber Bullying - Legal Issues Who May Be Involved: School Counselor Principal Resource Officer Police Attorney (School or Private) Superintendent Internet Service Provider School Limits: Schools have policies against bullying Civil Law Limits: Cyber bullying may also meet standards for ‘institutional torts’ (wrongdoings) Defamation Material that Constitutes an Invasion of Privacy (1st Amendment) Intentional Infliction of Emotional Distress

39. CYBER BULLYING LEGAL ISSUES

    ‘What Everyone Needs to Know About Cyber Bullying’ (Aftab) Many cases of child cyber bullying, like adult counterparts of cyber-harassment, not criminal Law Enforcement needs to be aware of: Difference between annoying and dangerous communications How to investigate a cyber crime How to obtain information from an ISP

40. Bullying- Legal Issues

    ASCA Position Statement on Confidentiality: Confidentiality ensures that disclosures will not be divulged to others except when authorized by the student or when there is a clear and present danger to the student and/or to other persons.

41. Balancing the Standards

42. Tarasoff v. Board of Regents of California (1976)

    Psychologist did not warn parents of a possible suicide and was found liable for negligence.

43. )CYBER BULLYING ASSESSMENT(from: Psychological Educational Social School Response)

    ASSESSMENT: Interview & Evidence Gathering Collateral Information/Evidence Collection Cyber Bully Assessments Student Form School Counselor Form Standardized Instruments {SAVRY} RECOMMENDATIONS FOR DISPOSITION:
44. “The professional school counselor must never stop believing and having faith that what they do makes a difference in the lives of children.”