New Fed Guidance on Tackling School Bullying
The U.S. Department of Education is warning schools: Tolerating or failing to adequately address ethnic, sexual or gender-based harassment could put them in violation of federal anti-discrimination laws.
After several high-profile cases of bullying, the department is sending letters to schools, colleges and universities across the country on Tuesday, reminding them of their federal obligations.
Russlynn Ali, assistant secretary for civil rights, said the department was responding to what it senses as a growing problem within schools.
She said the Office for Civil Rights had received 800 complaints alleging harassment over the last fiscal year, and that reports from the field indicate an increase of harassment against certain groups - including gays and lesbians, as well as Muslim students after the 9/11 attacks.
"Dear Colleague": New Guidelines on Harassment
DOE Press Release
According to a USA Today survey released today, nearly half of American high school students ages 15-18 (47%) report being bullied or teased at least once during the last year - and 50% also say they have bullied, teased or taunted others.
And it extends beyond words. The survey also shows that 52% of students report having hit someone out of anger; and when asked if they thought it was OK to hit someone who angered them, 37% of boys and 19% of girls said yes.
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According to the Clemson University Institute on Family and Neighborhood Life, one in six students admits to being bullied 2-3 or more every month.
"No One Should Ever Feel Harassed or Unsafe in a School"
The Education Department's Office for Civil Rights has issued similar guidance letters to educators in the past. But this is the first time the agency is addressing all statutes, not just those protecting against gender or sexual offenses, and in the context of bullying and harassment, Ali said.
"Certainly the unspeakable tragedies over the past several weeks contribute to our sense of urgency, and it's important that the public know there are things schools and universities can and should be doing," Ali said.
The guidelines state that a school is responsible for addressing harassment incidents "about which it knows or reasonably should have known":
"When responding to harassment, a school must take immediate and appropriate action to investigate or otherwise determine what occurred. The specific steps in a school's investigation will vary depending upon the nature of allegations, the source of the complaint, the age of the student or students involved, the size and administrative structure of the school, and other factors. In all cases, however, the inquiry should be prompt, thorough, and impartial."
Schools were also told that they should take steps to prevent any retaliation against the complainants or witnesses who provided information against the bullies.
The letter also clarifies protections for students of religious groups and gay and lesbian individuals.
While the laws the OCR enforces do not protect against harassment based on religious or sexual orientation, there are protections for students from religious groups that share ancestry or ethnic characteristics, as well as gay, lesbian, bisexual and transgender students based on gender stereotypes.
Tolerating, not adequately addressing, encouraging or ignoring harassment based on race, color, disability, sex or national origin can indicate the violation of civil rights statutes.
Education Secretary Arne Duncan sought to assure students that action will be taken.
"No one should ever feel harassed or unsafe in a school simply because they act or think or dress differently than others," Duncan said. "To every student who feels threatened or harassed, for whatever reason, please know that you are not alone. Please know that there are people who love you. And please know that we will protect you."
The department will hold technical assistance workshops for schools in early 2011.
Suicides Among the Bullied
The new Education Department guidelines come following recent tragic reports of bullying in schools leading to suicide.
A Minnesota school district unanimously passed changes to its anti-bullying and harassment policies to clearly list protected classes (including race, color, creed, religion, national origin, sex, marital status, disability, age, poverty and sexual orientation), three months after 15-year-old Justin Aaberg, of Andover, Minn., hanged himself in his room. His friends told his mother he had been a frequent victim of anti-gay bullying.
Asher Brown of Cypress, Tex., and Seth Walsh of Tehachapi, Calif., both 13, and 15-year Billy Lucas of Greensburg, Ind., who each committed suicide during the past few months, were said to be targets of anti-gay bullying.
In September, 18-year-old Rutgers University student Tyler Clementi committed suicide after his roommate secretly webcast his dorm-room tryst with a man, police said. The roommate and another student have been charged with invasion of privacy, and authorities are considering whether to add a hate-crime charge.
Schools Battle Suicide Surge, Anti-Gay Bullying
Fear over harassment in school may have led to an incident this week, when so he could protect himself from bullies.
Police say 38-year-old Sylvia Mojica of Hartford has been charged with risk of injury to a minor.
The boy told school officials that he had the items in his backpack. Administrators say the boy now faces a suspension or even expulsion. They are also investigating the bullying allegations.
For more info:
BullyingInfo.org
Effects of Student-on-Student Harassment (Fact Sheet)
Office for Civil Rights (DOE)
Olweus Bullying Prevention ProgramClemson University Institute on Family and Neighborhood Life
YouTube "It Gets Better" Project