Will Colorado's Anti-Bullying Bill Stop School Bullies?

The Colorado House of Representatives is considering a bill to stop school bullying (House Bill 1254).  In an effort by some legislators “to be proactive…so we don’t have a sensational suicide in [Colorado],” the core of the bill will:

• Create a committee to study the problem.
• Set up an agency to solicit funds for training of teachers on how to combat bullying (when funds are available from public and private sources).
• Require use of uniforms to “encourage school pride and unity and promote uniformity of dress.”
• Set up a voluntary statewide survey of schoolchildren about bullying in their schools.
• Bar teachers or school administrators from punishing students who report bullying.

The program would continue until July 1, 2016, at which point its effectiveness would be reviewed.

To be kind, this is nice but falls far short of what’s needed to protect children and prevent more suicides.

To be honest, this means nothing.  But it allows legislators to say they’re doing something to stop bullies and bullying.

Notice there is:

• No requirement that principals, teachers, counselors and district administrators are required to have proactive programs designed to stop harassment, taunting, teasing, bullying or abuse.
• No requirements for school officials to be responsible for working with law enforcement officers to stop cyberbullying.
• No consequences or legal penalties for school officials who don’t stop bullies or who actively protect bullies or who remove victims from classes and activities while still allowing bullies and their friends complete access to their targets.

If you don’t think that principals and other school officials ignore bullying, then read about the many suicides that have occurred in the past year.  In almost every case, the parents say that they talked to principals many times over 6-12 months, but the principals now claim that they didn’t know what was happening.  Also, consider why they need a law to “Bar teachers or school administrators from punishing students who report bullying.”

Even worse are people who pretend that present laws are enough or that it’s too hard for school officials.  For example:

• “Jane Urschel, executive director of the Colorado Association of School Boards, said the bill would not only be burdensome for schools who will have to form and adopt a new bullying policy, but it also asks them to address an issue they are already acutely aware of.  This bill would put mandates on districts that they can’t afford.  The school districts are not ignoring this issue and want every child to be safe.  Schools already have a handle on this.”
• “Rep. Robert Ramirez, R-Westminster, has already said he is skeptical of the need for it. ‘I have a huge problem with legislating personal behavior.  Bullying is something that is already addressed by schools as incidents occur. A state law isn’t going to change anything.’”

I’d point out that:

• School officials do not have a handle on this.  In answer to Ms. Urschel and Representative Ramirez, the problem is that there are no laws that require principals to stop bullies.  That’s why there are so many cases in Colorado in which bullying is tolerated, which means condoned.  For example, see the investigative report by Theresa Marchetta of KMGH-TV (ABC affiliate in Colorado).  Without laws, principals can do nothing to stop bullies and be safe from personal consequences.  In addition, with no additional funding, many schools in Colorado with principals who want to prevent bullying manage to do so.  I live in Colorado and have grandchildren in some of those schools.
• When there are no laws or there are no penalties for breaking laws, people do what they want with impunity.  Can you imagine how effective laws against robbery and murder would be if there were no penalties?  How effective would child labor laws or laws to prevent unsafe working conditions be with no penalties?
• Individual school and district officials are now the ultimate and only judges.  With no laws or penalties, they are the final court of appeals.  Parents of children who are being relentlessly bullied cannot force officials to protect their children.  The only recourse for parents is adverse publicity.
• We know what will change the whole system.  It’s not suicides.  It’s when principals, teachers, counselors and school district administrators are fired for not protecting our children.  It’s when law suits are successful against officials who are being paid to be responsible for protecting children but fail in that primary duty.  Suddenly, all the excuses and foot dragging will be gone.  A few principals will quit and I’ll applaud.  The rest will magically discover reasons why and how they can make programs that stop bullying.  In other contexts it’s called “skin in the game.”  Right now, school officials don’t have any skin in the game.

I’d think that Ms. Urschel and Representative Ramirez were actually interested in stopping bullying if they came forward with strong, realistic, effective proposals of their own, complete with penalties, instead of merely being critics.

The problem is not lack of money of lack of an effective system.  The problem is that we don’t have good enough people responsible for the safety of our children.

According to the Colorado Trust Bullying Initiative, of students surveyed in 2008: * 57 percent reported verbal bullying * 33 percent reported physical bullying * 10 percent reported online bullying

We need laws that criminalize the behavior of bullies and of principals, counselors, teachers and school district administrators who put our children at risk by not stopping bullies.  And then we need people with courage who are willing to act.

If your children are the targets of bullies and school officials who aren’t protecting them, you need to take charge.  With expert coaching and consulting, we can become strong and skilled enough to overcome principals and other officials who won’t do what’s right.  We can plan tactics that are appropriate to us and to the situation.

“How to Stop Bullies in Their Tracks” and “Parenting Bully-Proof Kids,” have many examples of children and adults commanding themselves and then stopping bullies.  For more personalized coaching call me at 877-8Bullies (877-828-5543).

Stopping School Bullies Requires More than Laws, Policies

State laws and school policies are necessary, but they’re not enough to stop school bullies.  The third necessary ingredient is the responsible people who are paid to make schools safe.  If teachers, psychologists and counselors, assistant principals, principals, district administrators and school board members don’t create effective school programs and don’t enforce the laws and policies, perpetrators will be freed and their targets will be victimized. According to the ABC News and investigative reporter Theresa Marchetta, Caitlin Smith was sexually assaulted in the final days of a summer program for incoming freshman at Englewood High School in a Denver, Colorado suburb.  The evidence seemed clear-cut and, indeed, a court recently found the boy guilty of unlawful sexual contact with no consent.

The school had suspended him for the last three days of the summer program but what happened when school started in the fall?

The story is titled, “District Policies Fail Teen Victim: Guilty Attacker Remains in School.”

In summary, the victim was ostracized and the perpetrator was allowed to roam free.

• In order for Caitlin to be allowed to enter school, the vice principal had the Smiths sign a “No-Contact Notice” which reads, "You have been involved in an incident that may be criminal in nature," and suspects can not "harass, threaten, annoy, disturb, follow or have verbal/physical contact with any victim or witness in this incident.”
• The perpetrator was immediately allowed back in school with Caitlin in the fall.  He did not sign a No-Contact Notice and was still allowed back in school.  This is despite a statement by Englewood Superintendent Sean McDaniel that, "I think that [the No-Contact Notice] would be a piece on the perpetrators side not on the victim’s side."
• On Caitlin’s first day back in school, she was taken right back to the scene of the attack.  "They guaranteed they wouldn’t take me down that hallway. I was freaking out, crying, upset.  I didn’t want to go through, was closing my eyes,” she said.  School authorities asked Caitlin’s mother to keep her daughter out of school.  She reports that, "They're asking me to hold my daughter out of school and giving an education to a child [the bully] who shouldn't even be there."
• To deal with such incidents, the Englewood School District has policies “which clearly states, multiple times, what happened to Caitlin was a ‘level one’ offense, ‘those which will result automatically in a request for expulsion to the superintendent.’”
• When Marchetta asked Superintendent McDaniel, “Should a student be expelled or consider being expelled for having unwanted sexual contact with a student?" he replied, "Absolutely, no question.  Sexual contact?  I would expect an administrator to suspend with a recommendation for expulsion.  Then, that would land in my office.”  But he then admitted that the perpetrator was allowed to remain in school without even signing the No-Contact Notice and that now, over six months after the incident, he didn’t know what the principal was doing about the situation.
• When Superintendent McDaniel was asked, “theoretically speaking, if it would ever be acceptable for a student accused of committing such an offense to remain in the population during the proceedings, he answered, ‘That’s a great question.  No,’ [he added], ‘In that scenario to just to turn the kid loose back in to the student population with no requirements, parameters?  No, I can not foresee a situation like that.’"  But he then admitted that the perpetrator was allowed to remain in school without even signing the No-Contact Notice.

Parents and students need to know what to do after such an incident:

• Don’t hide; make a fuss.  Immediately go to the appropriate school authorities and the police.  That’s like we encourage victims to report rape immediately.
• Don’t stop at being polite, sweet and docile; at being a “good girl.”  Immediately, find out what the school policies and state laws are.  Ask for what you need and be prepared with consequences for authorities who won’t act.
• Find and rally other students and parents who have been harassed, bullied or abused – emotionally, sexually or physically.  If any other kids excuse the perpetrator’s behavior and tell you that you’re being too harsh or if any other kids hassle, threaten or bully you, report them.  Record evidence; that’s what cell phones are for.  Travel with your friends.
• Give the school principal, therapist, district administrator and school board members one chance to act strongly.  Do they rally other students to protect you?  Do they deal swiftly with friends of the bully who harass you?  Don’t be put off by stalling tactics.  Be strong, brave and firm.  Read “Parenting Bully-Proof Kids.”
• If the authorities won’t act, immediately get a lawyer skilled in both the pertinent laws and in how to bring media pressure to bear.  Plan an overall strategy and tactics.
• Get an expert coach or therapist to keep your spirits up and to rally your strength and determination.
• Don’t accept bullying; don’t take the blame.  In most cases the girl is not a “slut” or “whore” that others will call you.  It’s usually not your fault.  You should know that if the school authorities won’t act, they’re the problem, not you.  You don’t have to be perfect according to their standards in order for them to actively help you.  Don’t indulge in self-bullying.  Negative self-talk, blame, shame and guilt never help.  They only increase anxiety, stress and depression, and destroy confidence and self-esteem.  Don’t believe negative predictions; your life isn’t ruined and in 10 years you won’t want to be friends with your high school classmates – certainly not the hyenas who pile on.

Isn’t it amazing that this happened in a Denver suburb near where the Columbine High School shootings occurred?

As you can see, state laws and school policies are necessary to give principals and administrators the leverage to act safely without fear of law suits by bullying parents of school bullies.  But the responsible authorities must be willing to act courageously, energetically, skillfully and effectively.  When they don’t, laws and policies become scraps of paper, blowing in the wind of their excuses.

Since the principal and district administrator didn’t protect a target of such bullying and abuse, I predict that there have already been other incidents at Englewood High School and there will be in the future.  Bullies are predators.  They look for easy prey and they push the boundaries.  Once one hyena gets away with boundary pushing – darting in, ripping off some flesh and darting back safely – the rest of the pack will pile on.

In addition to the perpetrator and his family, the principal and district administrator have a lot to answer for.  I hope a public outcry focuses on them.