A GUIDE TO PREVENTING BULLYING, TEEN DATING VIOLENCE, AND SEXUAL VIOLENCE IN RHODE ISLAND SCHOOLS April 1, 2008 As Amended: June 2012 Rhode Island Department of Education 255 Westminster Street Providence, Rhode Island 02903
ACKNOWLEDGEMENTS Initial Project Management Team: George McDonough; Jennifer Almeida, MPH; Kate Reilly, MPH This guide is the result of the industry and dedication of many individuals and organizations. The Rhode Island Department of Education thanks the initial team of people who contributed content, feedback, practical experience in school systems, and knowledge about bullying, teen dating violence, and sexual violence to the crafting of this guide. Ann Burke, Lindsay Ann Burke Memorial Fund Nancy Daley, Rhode Island School Superintendents Association Timothy Duffy, Rhode Island Association of School Committees Jeff Giumond, Office of the Attorney General Patrick Lynch Virginia Harnois, Rhode Island Association of School Committees Joee Lindbeck, Office of the Attorney General Patrick Lynch Sandy Malone, Day One Jan Mermin, Rhode Island Department of Education Beatriz Perez, Rhode Island Department of Public Health Lucy Rios, Rhode Island Coalition against Domestic Violence Midge Sabatini, Rhode Island Department of Education Annie Silva, Rhode Island Department of Education Wayne Talbot, West Warwick High School, Wendy Verhoek-Oftedahl, Department of Community Health, Brown University ii
TABLE OF CONTENTS INTRODUCTION Youth in Crisis: Bullying, Teen Dating Violence, and Sexual Violence School Response to Abuse: Obligation and Opportunity A Guide to Preventing Bullying, Teen Dating Violence, and Sexual Violence in Rhode Island Schools FEDERAL AND RHODE ISLAND LAW REQUIRES SCHOOLS TO RESPOND TO BULLYING, TEEN DATING VIOLENCE, AND SEXUAL VIOLENCE Federal Law Rhode Island Law v v v vi vii vii ix SECTION 1: BULLYING RHODE ISLAND STATEWIDE BULLYING POLICY 1 1. Definitions 1 a. Bullying 1 b. Cyber-Bullying 2 c. At School 2 2. School Climate 2 3. Policy Oversight and Responsibility 2 4. Information Dissemination 3 5. Reporting 3 6. Investigation/Response 4 7. Disciplinary Action 4 8. Social Services/Counseling 5 9. Social Networking 5 10. Other Redress 5 11. Adoption of Policy 5 Report Form (Sample): Bullying and/or Cyberbullying 6 SECTION 2: TEEN DATING VIOLENCE AND SEXUAL VIOLENCE Preface 7 INTERVENTION: RESPONDING TO TEEN DATING VIOLENCE AND SEXUAL VIOLENCE IN SCHOOLS 8 Creating an Effective Teen Dating Violence and Sexual Violence Response Policy 8 Model Policy on School Response to Teen Dating Violence and Sexual Violence 8 1. Prohibition against Teen Dating Violence and Sexual Violence 9 2. Definitions 9 a. Dating Violence 9 b. Sexual Assault 9 3. Reporting Responsibilities 10 4. Investigation 10 5. Disciplinary Sanctions 10 6. Victim Rights and Protection 10 7. Prevention 10 Procedures and Guidelines 11 1. Definitions (Continued) 11 a. Bystander 11 b. Cyberbullying 11 c. Dating 11 d. Dating Partner 11 e. Perpetrator/Abuser/Dominant Aggressor 11 f. Sexual Harassment 11 g. Sexual Violence 12 h. Stalking 12 i. Rape 12 j. Victim/Survivor 12 k. Witness 12 2. Responsibilities and Expectations 12 -iii-
l. Responsibilities of Administrators 12 i. Investigation of Teen Dating Violence and Sexual Violence Reports 12 ii. Creation of Individualized School Safety Plan: Victim Safety Plan, Enforcement of Protective Orders, Stay Away Agreements 12 iii. Creation of Violence Prevention Taskforce 14 m. Responsibility of School Staff 14 n. Responsibility of Students 14 3. Protocol for Responding to Reports of Teen Dating Violence and Sexual Violence 15 o. Protocol of School-Based Intervention: Staff Members 15 p. Protocol for School-Based Intervention: Administrators 15 q. Protocol for Working with the Victim 16 r. Protocol for Working with the Alleged Perpetrator 16 s. Protocol for Documentation and Reporting of Incidents 17 4. Prevention of Teen Dating Violence and Sexual Violence through Education, Training, and Social Norms Change 18 t. Administrator and Staff Training 18 u. Student Education 18 v. Parent Education 19 w. Social Norms Change 19 DATING VIOLENCE PREVENTION TOOL KIT 20 A Guide to Preventing Teen Dating Violence through Education and Social Norms Change 20 Prevention Resource List 21 Understanding Teen Dating Violence 22 School Staff Can Help Prevent Teen Dating Violence 24 How to Talk about Dating Violence with your Students: A Guide for School Staff 25 Teen Dating Violence: A Guide for Parents 27 Social Norms: How to Prevent Gender Based Violence in Your School 30 APPENDIX 33 A. Lindsay Ann Burke Act and Bullying Related Legislation 34 B. Forms 36 1. Student Complaint Form for Reporting Sexual Harassment, Dating Violence, and Sexual Violence 37 2. Student on Student Altercation Response Chart 38 3. Restraining Order/No-Contact Order School Checklist 41 4. Victim Safety Plan 42 5. School-Based Stay Away Agreement 44 C. Chart of Recommended Disciplinary Actions for Teen Dating Violence and Sexual Violence 46 D. Resources 47 -iv-
INTRODUCTION Youth in Crisis: Bullying, Teen Dating Violence, and Sexual Violence BULLYING and cyberbullying continue to be widespread problems in schools that negatively affect the safety of students, teachers and staff. According to the American Academy of Child and Adolescent Psychiatry, children who are bullied experience significant suffering that can interfere with their social and emotional development, as well as school performance. Rhode Island (RI) data show that students who were bullied were at much higher risk for violence, mental health issues, and drug abuse. According to the 2011 RI Youth Risk Behavior Survey (YRBS), over 24% of RI high school students were bullied in 2011. Bullying undermines the safe learning environment that students need to achieve their full potential. TEEN DATING VIOLENCE and SEXUAL VIOLENCE On March 27 th, 2003, 15-year-old Ortralla Mosley broke-up with her 16-year-old boyfriend Marcus McTear. Both were sophomores at Reagan High School in Austin, Texas. The next day, as school let out, McTear found Mosley in a hallway and stabbed her to death with a butcher knife. 1 On September 30, 2011, Cindi Santana, a senior at South East High School in South Gate, CA was killed by her ex-boyfriend during lunchtime at school. 2 Teen Dating Violence homicides are rare, but the violent relationships that cause them are not. In a national survey of over four thousand 9 th through 12 th graders, approximately 20% report being physically or sexually abused by a dating partner. 3 In Rhode Island, the number of youth who reported being hit, kicked, or slapped by dating partner increased by more than 30% in the past two years alone. 4 Teen dating violence affects youth from all socio-economic, racial, and ethnic groups; claims victims and perpetrators of both genders; and occurs in heterosexual, gay, and lesbian relationships. The social, psychological, and physical health repercussions are severe and persistent with a recent study linking dating violence to increased substance use, unhealthy weight control, sexual risk behavior, pregnancy, and suicide. 5 Teen dating violence shares trends with bullying and sexual violence. In the lives of young people, these behaviors overlap, co-occur, and can be risk factors for perpetrating or experiencing domestic violence in adulthood. Teen dating violence, bullying, and sexual violence generally exhibit similar patterns of which the major elements are: Power and control: Deliberate action taken by the perpetrator to exert power and control over the victim. Patterns of fear-inducing behavior: The abusive behaviors usually occur as a pattern over time, rather than as an isolated incident. Cycle of violence: violent offenses are often interchanged with apologizes or durations of reprieve. School Response to Abuse: Obligation and Opportunity: Schools have a practical, legal, and moral imperative to prevent violence. Teen dating violence, bullying, and sexual violence perpetrated on campus grounds or elsewhere can undermine the academic achievement of an entire school. In some studies, teen victims of abuse earn lower grades and have higher truancy rates than their peers. 6 Administrators who fail to respond to reports of abuse can expose their school to legal liability under federal and Rhode Island law. At the same time, there is great opportunity for change. Schools possess strong educational infrastructure and relationships with young people. Teens are less likely to be entrenched in patterns of behavior and are more open to changing attitudes. And so, Rhode Island educators are in a unique position to take action against bullying, teen dating violence, and sexual violence; to return safety to schools; and to empower their students to choose healthy relationships. 1 Smith, Jordan. A Shining Star Goes Dark. Austin Chronicle. May 16, 2003. 2 www.huffingtonpost.com, October 2, 2011. 3 Brener ND, Simon TR, Krug EG, Lowry R. Recent trends in violence-related behaviors among high school students in the United States. JAMA. 1999;282:440-446. 4 Rhode Island Youth Risk Behavior Survey, 2007 5 Silverman et al. Dating Violence Against Adolescent Girls and Associated Substance Use, Unhealthy Weight Control, Sexual Risk Behavior, Pregnancy, and Suicidality. JAMA. 286:572-79. 6 Ibid. -v-
A Guide to Preventing Bullying, Teen Dating Violence, and Sexual Violence in Rhode Island Schools The Rhode Island General Assembly is taking action to provide districts with the support they need to effectively address and prevent bullying, teen dating violence, and sexual violence in schools. In 2003, the General Assembly passed R.I.G.L. 16-21-26 requiring school committees to adopt bullying prevention policies in their district public schools. This same law required the Rhode Island Department of Education (RIDE) to prepare and distribute a model bullying prevention policy to school committees. These bullying prevention policies went into effect on September 1, 2004. In 2011, the RI General Assembly passed the Safe Schools Act, R.I.G.L. 16-21-34. This law requires all schools in Rhode Island to adopt the statewide bullying policy developed by the Rhode Island Department of Education. This policy will ensure a consistent and unified statewide approach to the prohibition of bullying at school. In 2007, the Lindsay Ann Burke Act (R.I.G.L. 16-85-2) was passed. This policy requires school committees to adopt a policy for responding to incidents of teen dating violence and to educate their community students, parents, staff, faculty, and administrators on prevention and intervention. Once again, the General Assembly called on RIDE to develop and distribute a model policy to guide school committees. But, rather than create a new and separate policy, RIDE, along with collaborators, expanded the Bullying Policy to include implications for teen dating violence as well as sexual violence. The purpose of this policy is to help school committees amend existing policies to create and adopt one, all-inclusive policy to address bullying, teen dating violence, and sexual violence. The General Assembly and RIDE recognize that each school committee will adopt the statewide bullying policy and adapt some or all of the teen dating violence and sexual violence model policy in order to best meet the unique needs of their own districts. And so, this document includes some general considerations that districts may take into account as they develop policies to prevent and respond to teen dating violence and sexual violence. A safe school environment, free of bullying, teen dating violence and sexual violence, is possible when all members of a community work together to affect change at many levels. The purpose of this document, A Guide to Preventing Bullying, Teen Dating Violence, in Rhode Island Schools, is to help districts develop, in every school, a response and prevention strategy that engages and empowers administration, faculty, students and parents to take action against abuse. To that end, we offer the following tools, in addition to the model policy mentioned above: Federal and Rhode Island Law Requires Schools to Respond to Bullying, Teen Dating Violence, and Sexual Violence: A summary of laws that describe and define school and district responsibilities to address abuse. The Dating Violence Prevention Toolkit: A guide to understanding teen dating violence with tools and strategies to stop violence before it starts. Resources: Books, articles, organizations, and online resources about bullying, teen dating violence, and sexual violence to educate and empower. -vi-
FEDERAL AND RHODE ISLAND LAW REQUIRES SCHOOLS TO RESPOND TO BULLYING, TEEN DATING VIOLENCE, AND SEXUAL VIOLENCE School districts have a legal duty to respond to reports of Teen Dating Violence, Bullying, and Sexual Violence under state and federal law. FEDERAL LAW This analysis was adapted from the California Model Policy of School Response to Teen Dating Violence and Sexual Violence. 7 Duties and Requirements under Title IX Right to be Free from Sex Discrimination and Sexual Harassment Schools that receive federal funds can be liable under Title IX of the Education Amendments of 1972 for failing to adequately respond to teen dating violence and sexual violence against students. Title IX guarantees that [n]o person in the United States shall on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity receiving federal financial assistance. 8 Sexual harassment is a form of sex discrimination. Sexual violence is an extreme form of sexual harassment. Teen dating violence can be a form of sexual harassment because it often involves unwelcome touching, sexual demands, verbal abuse, and physical coercion of a sexual nature. School Liability for Teen Dating Violence, Bullying, and Sexual Violence School districts are liable for student-on-student sexual harassment, and accordingly acts of teen dating violence that constitute sexual harassment, when: (1) a student has been sexually harassed, (2) the school has actual knowledge of the harassment, (3) the harassment was severe, pervasive, and objectively offensive, (4) the harassment caused the student to be deprived of access to educational opportunities or benefits, and (5) the school is deliberately indifferent to the harassment. 9 Deliberate indifference is found in two circumstances. First, a school district that fails to affirmatively act to protect students can be found to be deliberately indifferent. Second, a school district that knows or reasonably should know that its actions to protect students are ineffective or inadequate can be found to be deliberately indifferent. 10 Required School District Policies and Protocols Title IX regulations require that each educational institution has a written policy and protocol for responding to sexual harassment. 11 Failure to adopt and implement policies on sexual harassment and teen dating violence that qualifies as sexual harassment exposes school districts to civil liability under Title IX. ii. Duty to Provide Equal Protection of the Laws The Equal Protection Clause of the Fourteenth Amendment mandates that no state shall deny to any person within its jurisdiction equal protection of the laws, which is essentially a direction that all persons similarly situated should be treated alike. Federal courts have held that a school district s 7 California Women s Law Center, California Model Policy on School Response to Teen Dating Violence and Sexual Violence (available at http://www.cwlc.org/files/docs/model_protocol_v9.pdf) 8 20 U.S.C. 1681 (a) 2007 9 Davis v. Monroe County Bd of Ed., 526 U.S. 629, 651 (1999) 10 U.S. Department of Education, Office for Civil Rights. (2001). Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties. 11 See 34 C.F.R. 106.31 (2007). -vii-
deliberate indifference to peer sexual harassment, a form of sex discrimination, can constitute evidence that the district violated a student s constitutional rights under the Equal Protection Clause. 12 Therefore, failing to respond to teen dating violence that qualifies as sexual harassment exposes school districts and their officials to civil liability under the Equal Protection Clause. 13 Duty to Train Employees on Sexual Harassment Policies School districts can be liable for failing to train employees on sexual harassment, and accordingly acts of teen dating violence that constitutes sexual harassment. Federal courts have held that school districts have a legal duty to train employees when (1) the need for training is obvious and (2) it is highly foreseeable that a student s constitutional rights will be violated if the district fails to conduct such training. 14 Duty to Promote School Safety School districts that receive funds under the Safe and Drug-Free Schools and Communities Act, as amended by the No Child Left Behind Act, must have a plan that promotes school safety. 15 Because teen dating violence and sexual violence pose serious safety concerns, school safety plans should include teen dating violence and sexual violence. Unsafe School Choice Option The Unsafe School Choice Option of the No Child Left Behind Act of 2001 requires that each state that receives federal funding offers to the parents of each student who attends a persistently dangerous public school, or who becomes a victim of a violent criminal offense while on school grounds the option to attend a safe public school. 16 This requirement permits victims to transfer to another school after experiencing an on-campus violent or threatening incident of teen dating violence or sexual violence. Limitations of Freedom of Speech at School Students have limited freedom of speech while they are at school. Perpetrators of teen dating violence and sexual violence often use speech and expressive conduct to harass their victims. Speech and expressive conduct can also be used by other students to retaliate against a victim who reports teen dating violence and/or sexual violence to the school or police. When teen dating or sexual violence involves speech or expression as a form of harassment, such speech can be restricted by the school in the interest of the safety and rights of other students. 17 12 Flores v. Morgan Hill Unified Sch. Dist., 324 F.3d 1130, 1135 (9th Cir. 2003). 13 Annamaria M. v. Napa Valley Unified Sch. Dist., 2006 WL 1525733 (N.D. Cal. 2006)(citing Flores, 324 F.3d at 1135). 14 Plumeau v. School Dist. No. 40, 130 F.3d 432, 439 n.4 (9th Cir. 1997); Flores, 324 F.3d at 1136. 15 20 U.S.C. 7161(3)(B)(2007). 16 20 U.S.C. 7912(a) (2007). 17 Harper v. Poway Unified Sch. Dist., 445 F.3d 1166, 1178 (9th Cir. 2006) ( students have the right to be secure and to be let alone. ) -viii-
RHODE ISLAND LAW Duty to Provide Health Education All schools that are approved for the purpose of 16-19-1 and 16-19-2 shall have a school health program which shall be approved by the state director of the department of health and the commissioner of elementary and secondary education or the commissioner of higher education, as appropriate. The program shall provide for the organized direction and supervision of a healthful school environment, health education, and services. 18 Duty to Create, Maintain, and Enforce a Student Discipline Code Each school committee shall make, maintain, and enforce a student discipline code. The purpose of the code is to foster a positive environment that promotes learning. 19 Duty to Create a School Safety Plan The school committee of each town, city, and regional school department shall adopt a comprehensive school safety plan regarding crisis intervention, emergency response, and management. The plan shall be developed by a school safety team comprised of representatives of the school committee, representatives of student, teacher, and parent organizations, school safety personnel, school administration, and members of local law enforcement, fire, and emergency personnel. Members of the school safety team shall be appointed by the school committee of the town, city, or regional school district. 20 Duty to Provide a Safe School Environment The school committee, or a school principal as designated by the school committee, may suspend all pupils found guilty of this conduct or of violation of those school regulations which relate to the rights set forth in subsection or where a student represents a threat to those rights of students, teachers or administrators, as described. 21 Duty to Implement a Statewide Bullying Policy All schools approved for the purpose of 16-19-1 shall adopt the statewide bullying policy as prescribed by the Rhode Island Department of Education. The statewide policy shall ensure a consistent and unified approach to prohibiting harassment, intimidation, bullying, or cyberbullying at school. 22 This policy shall contain statements prohibiting bullying, cyber-bullying, and retaliation at school; clear requirements and procedures for students, staff, parents, guardians and others to report bullying or retaliation; a provision allowing for anonymous reports of bullying or retaliation; clear procedures for promptly responding to and investigating reports of bullying or retaliation; and a range of disciplinary actions that may be taken against a perpetrator for bullying or retaliation. Duty to Establish a Teen Dating Violence Policy Lindsay Ann Burke Act Each school district shall establish a specific policy to address incidents of dating violence involving students at school by December 1, 2008. Each school district shall verify compliance with the department of education on an annual basis through the annual school health report. 23 Duty to Provide Teen Dating Violence Training to All School Staff Lindsay Ann Burke Act Each school district shall provide dating violence training to all administrators, teachers, nurses and mental health staff at the middle and high school levels. Upon the recommendation of the 18 [ R.I.G.L. 16-21-7] 19 [R.I.G.L. 16-21-21] 20 [R.I.G.L. 16-21-23] 21 [R.I.G.L.16-2-17] 22 [ R.I.G.L. 16-21-34] 23 [R.I.G.L. 16-21-30, 16-85] -ix-
administrator, other staff may be included or may attend the training on a volunteer basis. The dating violence training shall include, but not be limited to, basic principles of dating violence, warnings signs of dating violence and the school district's dating violence policy, to ensure that they are able to appropriately respond to incidents of dating violence at school. Thereafter, this training shall be provided yearly to all newly hired staff deemed appropriate to receive the training by the school's administration. 24 Duty to Incorporate Dating Violence Education into Annual Health Curriculum Lindsay Ann Burke Act Each school district shall incorporate dating violence education that is age-appropriate into the annual health curriculum framework for students in grades seven (7) through twelve (12). 25 Duty to Stop Hazing Every person, being a teacher, superintendent, commandant, or other person in charge of any public, private, parochial, or military school, college or other educational institution, who shall knowingly permit any activity constituting hazing, as defined in 11-21-1, shall be guilty of a misdemeanor 26 Other Rhode Island Statutes Relating to Bullying, Teen Dating Violence, and Sexual Violence R.I.G.L. 11-37 Definitions, Crimes, and Penalties related to Sexual Assault R.I.G.L 11-37.1 Sexual Offender Registration and Community Notification R.I.G.L 11-59 Definitions, Crimes, and Penalties related to Stalking R.I.G.L. 12-29 Domestic Violence Prevention Act R.I.G.L. 15-15 Domestic Abuse Prevention R.I.G.L. 16-21-33 Safe Schools Act R.I.G.L. 16-21-34 Statewide Bullying Policy Implemented 24 [R.I.G.L. 16-21-30, 16-85] 25 [R.I.G.L. 16-22-24, 16-85] 26 [R.I.G.L. 11-21-2] -x-
SECTION 1: BULLYING
RHODE ISLAND STATEWIDE BULLYING POLICY INTRODUCTION This Statewide Bullying Policy is promulgated pursuant to the authority set forth in 16-21-34 of the General Laws of Rhode Island. Known as the Safe School Act, the statute recognizes that the bullying of a student creates a climate of fear and disrespect that can seriously impair the student's health and negatively affect learning. Bullying undermines the safe learning environment that students need to achieve their full potential. The purpose of the Policy is to ensure a consistent and unified statewide approach to the prohibition of bullying at school. TABLE OF CONTENTS Section # Page # 1. Definitions 1 2. School Climate 2 3. Policy Oversight and Responsibility 2 4. Information Dissemination 3 5. Reporting 3 6. Investigation/Response 4 7. Disciplinary Action 4 8. Social Services/Counseling 5 9. Social Networking 5 10. Other Redress 5 11. Adoption of Policy 5 1. DEFINITIONS BULLYING means the use by one or more students of a written, verbal or electronic expression or a physical act or gesture or any combination thereof directed at a student that: a. Causes physical or emotional harm to the student or damage to the student's property; b. Places the student in reasonable fear of harm to himself/herself or of damage to his/her property; c. Creates an intimidating, threatening, hostile, or abusive educational environment for the student; d. Infringes on the rights of the student to participate in school activities; or e. Materially and substantially disrupts the education process or the orderly operation of a school. The expression, physical act or gesture may include, but is not limited to, an incident or incidents that may be reasonably perceived as being motivated by characteristics such as: Race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression or mental, physical, or sensory disability, intellectual ability or by any other distinguishing characteristic. Bullying most often occurs as repeated behavior and often is not a single incident between the bullying/cyber-bullying offender(s) and the bullying victim(s). -1-
CYBER-BULLYING means bullying through the use of technology or any electronic communication, which shall include, but not be limited to, any transfer of signs, signals, writing, images, sounds, data, texting or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system, including, but not limited to, electronic mail, Internet communications, instant messages or facsimile communications. Forms of cyber-bullying may include but are not limited to: a. The creation of a web page or blog in which the creator assumes the identity of another person; b. The knowing impersonation of another person as the author of posted content or messages; or c. The distribution by electronic means of a communication to more than one person or the posting of materials on an electronic medium that may be accessed by one or more persons, if the creation, impersonation, or distribution results in any of the conditions enumerated in clauses (a) to (e) of the definition of bullying. AT SCHOOL means: a. on school premises, b. at any school-sponsored activity or event whether or not it is held on school premises, c. on a school-transportation vehicle, d. at an official school bus stop, e. using property or equipment provided by the school, or f. acts which create a material and substantial disruption of the education process or the orderly operation of the school. 2. SCHOOL CLIMATE Bullying, cyber-bullying, and retaliation against any person associated with a report of bullying or the investigation thereof is prohibited in all schools that are approved for the purpose of the compulsory attendance statute ( 16-19-1 and 16-19-2). School staff shall take all reasonable measures to prevent bullying at school. Such measures may include professional development and prevention activities, parental workshops, and student assemblies among other strategies. School faculty, administration and staff, at all times, will model courteous behavior to each other, to students, and to school visitors. Abusive or humiliating language or demeanor will not be accepted. Additionally, students and their families are expected to exhibit courteous behavior to all members of the learning community in school and at school sponsored events. 3. POLICY OVERSIGHT and RESPONSIBILITY The school principal, director, or head of school shall be responsible for the implementation and oversight of this bullying policy. The school principal, director, or head of school shall provide the superintendent, school committee and/or school governing board with a summary report of incidents, responses, and any other bullying-related issues at least twice annually. For public schools, the prevention of bullying shall be part of the school district strategic plan ( 16-7.1-2(e)) and school safety plan ( 16-21-24). -2-
4. INFORMATION DISSEMINATION The school principal, director or head of school shall ensure that students, staff, volunteers, and parents/legal guardians are provided information regarding this Policy. This information shall include methods of discouraging and preventing this type of behavior, the procedure to file a complaint, and the disciplinary action that may be taken against those who commit acts in violation of this policy. This policy shall be: a. Distributed annually to students, staff, volunteers, and parents/legal guardians b. Included in student codes of conduct, disciplinary policies, and student handbooks c. A prominently posted link on the home page of the school /district website 5. REPORTING The school principal, director or head of school shall establish, and prominently publicize to students, staff, volunteers, and parents/guardians, how a report of bullying may be filed and how this report will be acted upon (See attached sample Report Form). The victim of bullying, anyone who witnesses an incidence of bullying, and anyone who has credible information that an act of bullying has taken place may file a report of bullying. Any student or staff member who believes he/she is being bullied should immediately report such circumstances to an appropriate staff member, teacher or administrator. Parents / Guardians of the victim of bullying and parents/ guardians of the alleged perpetrator of the bullying shall be notified within twenty-four (24) hours of the incident report. When there is a reasonable suspicion that a child is either a bully or a victim of bullying, the parents/ guardians of the child will be notified immediately by the principal, director or head of school. Responsibility of Staff: School staff, including volunteers, who observe an act of bullying or who have reasonable grounds to believe that bullying is taking place must report the bullying to school authorities. Failure to do so may result in disciplinary action. Responsibility of Students: Students who observe an act of bullying or who have reasonable grounds to believe that bullying is taking place must report the bullying to school authorities. Failure to do so may result in disciplinary action. The victim of bullying, however, shall not be subject to discipline for failing to report the bullying. Student reports of bullying or retaliation may be made anonymously, provided, however, that no disciplinary action shall be taken against a student solely on the basis of an anonymous report. Prohibition against Retaliation: Retaliation or threats of retaliation in any form designed to intimidate the victim of bullying, those who are witnesses to bullying, or those investigating an incident of bullying shall not be tolerated. Retaliation or threat of retaliation will result in the imposition of discipline in accordance with the school behavior code. False Reporting/Accusations: A school employee, school volunteer or student who knowingly makes a false accusation of bullying or retaliation shall be disciplined in accordance with the school behavior code. -3-
Reports in Good Faith: A school employee, school volunteer, student, parent/ legal guardian, or caregiver who promptly reports, in good faith, an act of bullying to the appropriate school official designated in the school's policy shall be immune from a cause of action for damages arising from reporting bullying. 6. INVESTIGATION/RESPONSE The school principal, director or head of school shall promptly investigate all allegations of bullying, harassment, or intimidation. If the allegation is found to be credible, appropriate disciplinary actions, subject to applicable due process requirements, will be imposed. The School Resource Officer or other qualified staff may be utilized to mediate bullying situations. The investigation will include an assessment by the school psychologist and/or social worker of what effect the bullying, harassment or intimidation has had on the victim. A student who engages in continuous and/or serious acts of bullying will also be referred to the school psychologist and/or social worker. Police Notification: Immediate notification of the local law enforcement agency will be made when circumstances warrant the pursuit of criminal charges against the perpetrator. Protection: If a student is the victim of serious or persistent bullying: a. The school principal, director or head of school will intervene immediately to provide the student with a safe educational environment. b. The interventions will be developed, if possible, with input from the student, his or her parent/ guardian, and staff. c. The parents/ guardians of a victim shall also be notified of the action taken to prevent any further acts of bullying or retaliation. 7. DISCIPLINARY ACTION The disciplinary actions for violations of the bullying policy shall be determined by the school/district appropriate authority. Disciplinary actions for violations of the bullying policy shall balance the need for accountability with the need to teach appropriate behavior. The severity of the disciplinary action shall be aligned to the severity of the bullying behavior. The range of disciplinary actions that may be taken against a perpetrator for bullying, cyberbullying or retaliation shall include, but not be limited to: a. Admonitions and warnings b. Parental/ Guardian notification and meetings c. Detention d. In-school suspension e. Loss of school-provided transportation or loss of student parking pass f. Loss of the opportunity to participate in extracurricular activities g. Loss of the opportunity to participate in school social activities h. Loss of the opportunity to participate in graduation exercises or middle school promotional activities i. Police contact j. School suspension: No student shall be suspended from school unless it is deemed to be a necessary consequence of the violation of this Policy. -4-
8. SOCIAL SERVICES/COUNSELING Referral to appropriate counseling and/or social services currently being offered by schools or communities shall be provided for bullying victims, perpetrators and appropriate family members of said students. 9. SOCIAL NETWORKING Students shall be prohibited from accessing social networking sites in school, except for educational or instructional purposes and with the prior approval from school administration. 10. OTHER REDRESS This section does not prevent a victim of bullying, cyber-bullying or retaliation from seeking redress under any other available law, either civil or criminal. This section does not create or alter any tort liability. 11. ADOPTION OF POLICY The governing bodies of all schools approved for the purpose of 16-19-1 and 16-19-2 shall adopt this Policy by June 30, 2012. -5-
REPORT FORM (SAMPLE) (Bullying and/or Cyberbullying) Name: Student ID: Grade: Date: Time: School: Please answer the following questions about this reporting incident: List the name of the alleged bully, and/or cyberbully. If name is not known, provide any other identifiable information: Relationship between you and the alleged bully, and/or cyberbully: Describe the incident: When and where did it happen? Were there any witnesses? [ ] yes [ ] no If yes, who? Other information, including previous incidents or threats: Student or parent declines to complete this form: Initial: Date: I certify that all statements made in the complaint are true and complete. Any intentional false statement of fact will subject me to appropriate discipline. I authorize school officials to disclose the information I provide only as necessary in pursuing the investigation. Signatures: Student: Date: School official receiving complaint: Date: School official conducting follow-up: Date: This document shall remain confidential -6-
SECTION 2: TEEN DATING VIOLENCE AND SEXUAL VIOLENCE
PREFACE Teen Dating Violence and Sexual Violence How many more daughters have to lose their lives at the hands of an abusive partner? How many more teens have to suffer in an abusive relationship, fearing for their lives, afraid to tell anyone? Teen dating violence is a major health problem that leads to teen pregnancy, substance abuse, eating disorders, depression, and suicide. The psychological effects on its victims are devastating, and I know this all too well. Dating violence, the same as domestic violence, destroys and sometimes kills people. How can we ignore this major health problem any longer? Teens, parents, and the public have a right to be educated about violence. Lindsay, a Rhode Island College graduate, with a degree in elementary and special education, had a right to know this information too. Rhode Island legislators showed foresight and took a stand by passing the Lindsay Ann Burke Act. Episodes of dating violence, and all abuse, at school will no longer be ignored. People will now get the information and education that they rightfully deserve. An interesting thing happens when you educate teens, school staff, and parents at the same time: Everyone begins to talk openly about this topic, removing the shame and stigma that now exists. This helps teen victims to come forward and seek help; it gives teens the knowledge and skills to help each other; and it helps parents to reinforce this information at home with their teens and watch for signs of unhealthy relationships. And abusers, once educated, may think twice about their own behavior and seek ways to change. Our children deserve to be educated in a safe environment. Safety at school is paramount to receiving an education. Victims have difficulty learning in school due to the detrimental effects of violence. Schools have a responsibility to address this issue and education is the key. Education gives power, the power to recognize an abusive relationship and help ourselves and others. It can and will save lives. It s the right thing to do; it s long overdue. If we wait, teens will continue to suffer in silence and the loss of life will continue. This is unacceptable. We can help them. You can help them. The time to educate a nation is NOW. Ann Burke South Kingston Health Teacher, Lindsay s Mom -7-
INTERVENTION: RESPONDING TO TEEN DATING VIOLENCE AND SEXUAL VIOLENCE IN SCHOOL Creating an Effective Teen Dating Violence and Sexual Violence Response Policy An effective and consistent school-wide response to teen dating violence and sexual violence begins with a clearly stated plan of action, or policy. This policy should inform all community members administrators, school staff, students, and parents of their responsibilities with respect to response and prevention. This section includes a Model Policy on School Response to Teen Dating Violence and Sexual Violence. This Model Policy was developed by RIDE in close collaboration with Rhode Island school administrators, teachers, public health officials and community members; its structure and content are based on national best-practices for the response to and prevention of teen dating violence, and sexual violence. A policy created using this Model Policy will fulfill the requirements of R.I.G.L. 16-21-26 and the Lindsay Burke Act which requires school policies to include: a statement prohibiting dating violence, dating violence reporting procedures, guidelines to responding to at-school incidents of dating violence, and discipline procedures specific to such incidents. These elements are highlighted through out the model policy to indicate language required by law. Beyond the requirements of the law, this document includes: the definition of terms related to teen dating violence strategies for prevention through education, training, and environmental change, provisions regarding sexual violence and recommendations for utilization of community resources. The purpose of the Model Policy is to provide districts with a blueprint for creating a comprehensive and effective response to dating abuse. Districts may alter the Policy in order to best meet the specific needs of their schools and can insert their name where they see The District. To ensure compliance with the Lindsay Burke Act, the completed policy must be published in any school district policy and handbook that sets forth the comprehensive rules, procedures, and standards of conduct for students in school. Each school district must verify to RIDE compliance with the Lindsay Burke Act on an annual basis through the Annual School Health Report. -8-
Model Policy on School Response to Teen Dating Violence and Sexual Violence PROHIBITION AGAINST TEEN DATING VIOLENCE, AND SEXUAL VIOLENCE Teen dating violence and sexual violence are prohibited in the public schools of The District in Rhode Island. [R.I.G.L. 16-21-30] The prevention of teen dating violence, and sexual violence is part of the The District s strategic plan [R.I.G.L.16-7.1-2(e)] and school safety plan [R.I.G.L. 16-21-24]. Dating Violence, and Sexual Violence will not be tolerated in The District s Schools. The purpose of this policy is to: raise school-wide awareness about teen dating violence and sexual violence; provide direction in responding to incidents; and prevent new incidents of dating violence, and sexual violence. DEFINITIONS At School means in a classroom, on or immediately adjacent to school premises, on a school bus or other school-related vehicle, at an official school bus stop, or at any school-sponsored activity or event whether or not it is on school grounds. 27 Bullying means the use by one or more students of a written, verbal or electronic expression or a physical act or gesture or any combination thereof directed at a student that: a. Causes physical or emotional harm to the student or damage to the student's property; b. Places the student in reasonable fear of harm to himself/herself or of damage to his/her property; c. Creates an intimidating, threatening, hostile, or abusive educational environment for the student; d. Infringes on the rights of the student to participate in school activities; or e. Materially and substantially disrupts the education process or the orderly operation of a school. The expression, physical act or gesture may include, but is not limited to, an incident or incidents that may be reasonably perceived as being motivated by characteristics such as: Race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression or mental, physical, or sensory disability, intellectual ability or by any other distinguishing characteristic. Bullying most often occurs as repeated behavior and often is not a single incident between the bullying/cyber-bullying offender(s) and the bullying victim(s). Dating Violence: A pattern of behavior where one person uses threats of, or actually uses, physical, sexual, verbal or emotional abuse to control his or her dating partner. Sexual Assault includes behaviors that are attempted or perpetrated against a victim's will or when a victim cannot consent because of age, disability, or the influence of alcohol or drugs. Sexual assault may involve actual or threatened physical force, use of weapons, coercion, intimidation, or pressure and may include: intentional touching of someone in ways that are unwanted, voyeurism, exposure to exhibitionism, undesired exposure to pornography, or public display of images that were taken in a private context or when the victim was unaware. 27 R.I.G.L 16-21-30 (3) -9-
For additional terms, please see Definitions in the Procedures and Guidelines section. REPORTING RESPONSIBILITIES The principal of each school shall establish and prominently publicize to students, staff, volunteers, and parents how to report dating violence and how such reports will be acted on. The victim of dating violence, or sexual violence; witnesses/bystanders to such actions; or anyone who has information that these actions have occurred may file a report. For model reporting procedures and forms, see Procedures and Guidelines INVESTIGATION The principal, or designee, shall develop procedures and guidelines for the investigation of a dating violence, and sexual violence reports. If the allegation is found to be credible, appropriate disciplinary sanctions, subject to due processes procedures, shall be imposed. Whenever teen dating violence or sexual violence involved conduct that violates criminal law, the police shall be notified. For model investigation guidelines and forms, see Procedures and Guidelines DISCIPLINARY SANCTIONS Disciplinary sanctions for dating violence, or sexual violence may include loss of privilege to participate in extra curricular activities including athletics and school social events; loss of school bus transportation; assignment of additional school work or community service; and depending on the extent of involvement in the prohibited activity suspension from school. For additional materials and guidance, see Appendix C: Chart of Recommended Disciplinary Actions for Teen Dating Violence, and Sexual Violence. VICTIM RIGHTS AND PROTECTION The district is committed to creating a campus environment that promotes timely and fair adjudication of teen dating violence, and sexual violence cases. Principals shall establish guidelines to protect the rights and privacy of the victim as well as the due process rights of the alleged perpetrator. For model guidelines and forms, see Procedures and Guidelines. PREVENTION The principal of each school shall ensure that students and staff are instructed on how to identify, prevent, and report teen dating violence, and sexual violence. The principal shall also ensure that the school health program and counseling services include the appropriate social skills training to help students avoid isolation and help them interact in a healthy manner. School staff shall model correct and courteous behavior to each other, to students, parents and to visitors. Abusive or humiliating language or demeanor shall not be accepted. The staff shall ensure that each student is known by a teacher that the student can turn to if abuse develops. To the extent possible, the influence of cliques and other exclusive student grouping shall be diminished by the creation of inclusive school activities in which all students are encouraged to participate. -10-
Procedures and Guidelines DEFINITIONS (Continued) Bystander: someone who is aware of dating violence or sexual violence, but does not intervene or seek help for the victim. Cyber-Bullying means bullying through the use of technology or any electronic communication, which shall include, but not be limited to, any transfer of signs, signals, writing, images, sounds, data, texting or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system, including, but not limited to, electronic mail, Internet communications, instant messages or facsimile communications. Forms of cyber-bullying may include but are not limited to: a. The creation of a web page or blog in which the creator assumes the identity of another person; b. The knowing impersonation of another person as the author of posted content or messages; or c. The distribution by electronic means of a communication to more than one person or the posting of materials on an electronic medium that may be accessed by one or more persons, if the creation, impersonation, or distribution results in any of the conditions enumerated in clauses (a) to (e) of the definition of bullying. Dating: Any romantic relationship between an unmarried couple regardless of duration, commitment level, or physical intimacy. Dating includes hooking up, going out and friends with benefits. Dating Partner: any person, regardless of gender, involved in a dating relationship. 28 This could include persons who have a former dating or sexual relationship, are same sex couples, or are unrelated but have had intimate or continuous social contact with one another. Perpetrator/Abuser/Dominant Aggressor: a person who uses either bullying, dating violence, or sexual violence to establish and maintain power and control over the target of their behavior. The dominant aggressor/abuser means the person determined to be the most significant, rather than the first, aggressor. The following should be considered when identifying the dominant aggressor: (1) whether either person made threats creating fear of physical injury; (2) whether there is a history of domestic or sexual violence between the persons involved; (3) whether either person acted in self-defense; and (4) whether either person used or threatened to use a weapon and/or physical force. 29 Sexual Harassment includes degrading remarks, gestures, and jokes, notes, graffiti, and spreading rumors to indecent exposure, being touched, grabbed, pinched, or brushed against in a sexual way. By An Employee Sexual harassment of a student by a school district employee includes both welcome and unwelcome sexual advances; requests for sexual favors; sexually-motivated physical, verbal, or nonverbal conduct; or other conduct or communication of a sexual nature when: A school district employee causes the student to believe that the student must submit to the conduct in order to participate in a school program or activity, or that the employee will make an educational decision based on whether or not the student submits to the conduct; or 28 R.I.G.L. 16-21-30 (2) 29 California Women s Law Center, California Model Policy on School Response to Teen Dating Violence and Sexual Violence (available at http://www.cwlc.org/files/docs/model_protocol_v9.pdf) -11-