Pub. 1 2011-2012 Issue 1

18 BULLYING The School’s Responsibility When Occurs A GROWING NATIONAL PROBLEM Most people have seen the headlines: high-profile bullying cases that end when the victim is seriously harmed or commits suicide. National statistics on bullying are disturbing. The National Youth Violence Prevention Resource Center estimates that nearly 30 percent of American youth are either a bully or the target of a bully. According to the U.S. Centers for Disease Control and Prevention, everyday nationally an estimated 160,000 kids stay home from school because of fear of being bullied. According to researchers at the Yale School of Medicine, victims of bullying are two to nine times more likely to report thoughts of suicide than are other children. Communities, outraged at the sheer number of bullying incidents, and the often heartbreaking conclusions, are demanding change. Politicians have responded to public opinion by passing new laws to protect kids, while holding accountable the perpetrators and those adults legally responsible for providing kids with a safe en- vironment. Since kids spend a great deal of their time at school or at school functions, a large portion of the burden of the new laws will fall on the school system, meaning that the administration, professional staff and educators are now tasked with implement- ing policy and programs to prevent bullying in the first place, and intervening at the first sign of bullying when it occurs. CHANGES IN UTAH Utah is not immune from this growing national problem. In the past few years there have been several high profile reports of bul- lying, cyber bullying and hazing, with tragic results, including at least one suicide. In response, the Utah Legislature passed its own anti-bullying law during the 2011 legislative session. Under the new law, all schools are required to adopt an anti-bullying policy by September 1, 2012. The policy must specifically prohibit bul- lying, cyber-bullying, harassment and hazing on school property and during school related activities. The new law further requires school boards to provide training to all school employees. By placing responsibility on school boards to adopt a policy and to provide training, Utah’s anti-bullying law creates new legal consequences for schools and school boards that fail to adequately address or prevent bullying in their schools. The problem, however, is that bullying can take many forms and seldom occurs openly so that it is very difficult to identify and remarkably difficult to control. BULLYING AND HARASSMENT Utah’s anti-bullying law defines bullying as intentionally or knowingly placing a school employee or student in fear of physical harm or harm to an individ- ual’s property by: • Endangering the physical health or safety of a stu- dent or school employee • Physical bru- tality • Consumption of any food, li- quor, drug, or other substance • Physically obstructing freedom of movement. Harassment is defined as repeatedly communicating to another individual, in an objectively demeaning or disparaging manner, statements that contribute to a hostile work or learning environ- ment for that individual. CYBER BULLYING Utah’s anti-bullying law defines cyber-bullying as using the In- ternet, cell phone, or other device to send or post text, video, or images with the intent, knowledge, or a reckless disregard, that the text, video, or image will hurt, embarrass, or threaten an- other individual. Cyber-bullying is a particularly difficult form of bullying to address. Rapidly changing technology allows cyber-bullying to occur in anonymity and to occur in various formats such as email, texting and sexting, instant messages, and social web sites. The responsibility placed on school boards by Utah’s anti-bullying law requires administrators, educators, and other school employees to remain conversant in the new forms of electronic communication used by their student. Unfortunately, parents, teachers, and school administrators are often unaware that cyber-bullying is occurring making it difficult to detect, difficult to stop and difficult to prevent. Yet, cyber-bulling is a particularly invasive form of bullying because it can follow a child into the school and into the home. Videos, photographs, text messages, and emails, once posted on the Internet are prone to mass distribution and can follow a child throughout their lives. The emotional and psychological impact of cyber-bulling on a child is devastating. HAZING Hazing incorporates the same conduct as bullying and occurs under circumstances when the bullying is done for the purpose of By Florence Vincent, Attorney | Van Cott, Bagley, Cornwall & McCarthy, P.C.