Are parents liable for kids' school cyberbullying?

Teenagers do things behind our backs.  They hide things from their parents just like we did.  But suppose they’re involved in cyberbullying?  Even if they’re not the original perpetrator, suppose they simply get drawn in to pile-on? Are we liable when they’re cyberbullies?

Sometimes, people make nasty, sarcastic, critical remarks to a friend about someone else but they don’t expect it to get forwarded to everyone at school.  Lesson learned, I hope.

But how about our children being relentlessly nasty and vicious to everyone they don’t like on social networks?  How about if they tell people to kill themselves?

How about our children sending obscene remarks to lots of people under the name of someone they don’t like?  How about our kids asking people to pile on to call someone they don’t like obscene names?  How about our teenager setting up a fake Facebook page in the name of someone they don’t like, filled with altered pictures of the person, a fake history and rants about all the other kids at school?

About 50 percent of teens with internet access report having been bullied online.  About the same number report doing the cyberbullying.  More than one in three report having received cyber threats.  Only 10 percent of kids who are bullied tell their parents.  Only 15 percent of parents know what their kids doing online, especially on social networks.  Of course, these numbers are rough estimates, but in my experience, they’re low estimates.

If these things are done at school, schools will get involved.  What might a permanent record of these actions do to your teenager’s chance of getting a good job or getting accepted into college?

If the cyberbullying is done from our home computers, the school will probably not get involved.  But the police will.  And our liability as parents will be increased.

Notice, I didn’t approach cyberbullying as a moral wrong.  We grownups know that.  But how far would we go on moral grounds to stop cyberbullying by our children if that meant a pitched battle with angry teenagers.  They will object because we’re spying on them or we’re stopping them from joining some “in-crowd” they desperately want to belong to.

So I approached stopping cyber bullies by asking about our liability.

Suppose the bullied kids and their parents go to the police about our children as a cyber bullies?  Do we want the police coming to our door?  Do we want to defend ourselves by saying that we didn’t know?

Suppose the targets file a suit against our children and against us for damages?  Even if we win, how much money will the lawyers cost?  How will we stand the publicity on every television and newspaper in town?  Suppose it goes nationwide?

The lines of responsibility are in flux now because the area of law is so new.  We don’t know where a judge or jury might come down in our case.

Suppose the target of our children’s venom commits suicide or gets a gun to wreak vengeance?  Suppose we could lose our house in a civil suit?  Suppose we could go to jail?  Does that change our willingness to limit the freedoms our children want when they’re living in our home and using a computer we bought?

The bottom line is that we’re responsible for our children.  They live under our roofs.  We must know what they’re doing.  They don’t have privacy.

If we don’t set limits when they’re younger, they’ll grow up to be teens who think they can do whatever they want.  They’ll know they can wear us down if we try to limit them.  Even though we may pay the price.

If they’ve become teenagers already who think they’re entitled to do what they want, we’d better set boundaries before they do something that can ruin our lives as well as theirs.

Since all tactics depend on the situation, expert coaching by phone or Skype helps.  We can design a plan that fits you and your situation.  And build your will and skill to carry it out effectively.

Stop School Bullies: Results Matter, Process is Not Enough

Sawyer Rosenstein, 12 -year-old seventh grader from New Jersey, was bullied for months until the bully punched him and left him paralyzed.  He received a settlement of $4.2 million from the school district.  A claim against the bully has also settled, but details are confidential.  And, Sawyer is still paralyzed for life. Reports from the New York Daily News and the Morristown Personal Injury Blog make clear that:

• Three months before the final incident, Sawyer reported previous incidents of being bullied to the school in writing, but no responsible adult – principal, teachers, therapists, district administrators – stopped the school bullying.
• "Additionally, the same bully that injured the boy had previously injured another student, yet no serious action was taken."
• New Jersey has a strong anti-bullying law.  Nevertheless, his experience “shows that schools have a great responsibility to make sure that these laws are enforced in order to prevent students from being injured by bullies on school property.”

“The Board of Education released a statement Wednesday denying any wrongdoing and saying that it was the district’s insurance carriers that decided to enter into the settlement and will pay it out.  ‘The district’s character education and harassment/intimidation/bullying initiatives and reporting practices are leading edge,’ the statement said. ‘All programs in this area far exceed all of the criteria established by the state of New Jersey.’ … The board said the settlement did not include any admission of liability or fault on the part of the district.”

What’s wrong with the school board’s basic assumptions?

Of course, the local Board of Education has washed its hands of all responsibility, claiming that they followed the correct procedures.  Thy used the same type of defense that the do-nothing principal and district superintendent used after the suicide of Iowa teen Kenneth Weishuhn.

The people on the Board of Education, the principal, teachers, therapists and district administrators seem to feel that having a process; a program, initiatives and reporting practices is enough to cover them.  If negativity, harassment, abuse, or physical, mental and emotional violence occurs, it’s not their responsibility.  If they victimize students, it’s not their responsibility.  They were just following orders and procedures.

They think they’re not responsible for results, only for process.  They think they’re not responsible for stopping school bullying, only for pushing paper.

That lack of accountability may work for adults in education but for the rest of us, with real jobs, results count.  Even the kids taking tests are held accountable for performance and results.

Obviously laws are never enough.  It’s the people who administer the laws who are responsible for protecting us.  Or these incompetents settle for ineffective responses and leave it at that.  They lack the will to stop bullies.

Little children usually can get away with charm, potential and promises.  But as we cross past approximately 5th grade, we enter the time when those qualities count less and less, and results count more and more.  That’s a hard transition for many people to make.  When we get to be adults, we’re evaluated by the results we produce.

Obviously, the 12-year-old bully was in the transition, but how about the adults who were responsible for protecting all their students?  When are they going to be held personally responsible?

Following the rules or processes is a minimum standard.  The correct standard, by which school authorities should be judged, is whether they get results. Thomas Alva Edison once said, “Hell, there are no rules here – we’re trying to accomplish something.”  Of course large organizations like school districts need rules and processes.  But those are judged by whether they produce the desired results, not by whether they’re being followed.  Following processes is never enough; results count.

What can you do if you’re a parent trying to protect your child from such irresponsible incompetents?

• Never let authorities get away with thinking that their responsibility ends with initiating some process.  Demand results.
• Immediately find a lawyer and generate publicity.
• Hold teachers, principals, district administrators and boards of education accountable for performance and results.  Your children are trying to survive.  Only results count.

For some examples, see the case studies in “How to Stop Bullies in Their Tracks” and “Parenting Bully-Proof Kids,” available fastest from this web site.

Since all tactics depend on the situation, expert coaching by phone or Skype helps.  We can design a plan that fits you and your situation.  And build your will and skill to carry it out effectively.

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).

Stop Abusive, Bullying Teachers

Which professions, in their teaching schools and in their on-the-job practices, foster or tolerate the worst and most flagrant forms of bullying?  I don’t know, but teaching is right up there with doctors and lawyers and others I may be overlooking. I see two kinds of principals running two very different kinds of public schools.

The smaller percent won’t tolerate bullying among the students, won’t tolerate bullying of the students by teachers and also won’t tolerate bullying of teachers by other teachers.  These principals and teachers are a pleasure to work with.  We can design policies and proactive programs to keep students and teachers safe and focused on teaching.  These people say, “We don’t tolerate bullying here.”

Unfortunately, the larger percent of principals and teachers tolerate or ignore bullying on the part of students and the faculty.  Even if they have anti-bullying policies, they don’t have effective programs and they won’t stand up to bullies – students or teachers.  They’re usually the schools at which principals and even counselors will look me in the eye and say, as if they believe it, “We have no bullying here,” – even though teachers and students know who the bullies are and where, when and how the bullying occurs, and they’ve complained publically about bullying, and even after there have been suicides.

By the way, not only public schools, but also colleges, universities and professional, post-graduate training schools (teacher training, medical schools, and law schools) are hotbeds of faculty harassing and bullying students, and faculty bullying other faculty.  Don’t believe me?  Check out the law suits and blogs.  Ask the teachers, doctors and lawyers you know personally.  Ask about arrogant, narcissistic, abusive control-freaks. How do teachers bully other teachers?

• Senior individuals, including principals, have power and control over junior teachers and will misuse that power for personal reasons, including sex.  One variant is, “Suck up to me or I’ll sabotage your career.”  Another is, “I’m powerful and I enjoy making you squirm.”  Or, “They did it to me and now I’ll do it to you.”  And, “It’s for your own good.  It’ll make you stronger.”
• Often, cliques of senior or even junior teachers try to run the show.  One variant is, “Join our clique and suck up to us or else.”  Another is, “Don’t change my perks or the status quo, and don’t threaten my job.  Don’t expose our failures or dirty laundry even though we’re not changing.  If you do, we’ll get you.”  Their favorite tactics are to ostracize the offender and to blame all the problems on him or her.  These vicious gangs will try to silence or remove offenders for nitpicky, trumped up reasons.

What can you do if you’re managing such an environment?

• In my experience, successful change starts from the top down.
• At a college, university or professional school, it takes a very powerful and very politically astute new administrator or new department head to change the environment.  The new person will have to weed through his staff slowly and carefully, replacing the worst bullies and narcissists for legal reasons and in legal ways.  He’ll have to have support because there will be widespread personal attacks and law suits.
• At a public school, change requires a new principal supported by the district administrators and school boards.  The new principal will have to be a master at enrolling a core group of supportive teachers and the media, and maneuvering around the union.  Entrenched people, like infected splinters, are hard to reach and remove.  But persevering and savvy principals can set a new tone in their schools.

What can you do if you’re a target?

• Notice the signs.  If you’re ignored, blamed or attacked in public, especially in front of students, you’re being set-up to be the target of a public media campaign as a troublemaker who needs fired for the well-being of the school.  There’s no negotiating with these righteous predators and flying low won’t get them to back off.  You won’t get the union to back you.
• Hire a good lawyer who knows how to get the right publicity – not the school lawyer.  Being right won’t prevent a smear campaign, full of innuendos and lies, against you.  Learn what to document on your home computer.
• You’ll probably end up looking for a job in another state with one of the few district administrators who can see the truth and are willing to take a chance on a “potential troublemaker.”

It’s particularly sad when the people who are responsible to guard our children against bullying are bullies themselves.  We each have to fight our own private battle against abuse by people in power or those out of power who want to gain power and control.

Hire an expert coach and read the examples in “How to Stop Bullies in Their Tracks.”

Recession-Stimulated Bullying and Abusive Self-Talk at Work

During economic ice ages or recessions, when times get hard, hardness tends to run rampant.  Most people are justifiably afraid they’ll lose their jobs and the lives they planned.  Will they get laid off or downsized through no fault of their own?  What will happen to their savings, insurance, college and retirement funds?  Will they be able to keep their homes or even eat next month? How do people react in the face of their recession-stimulated fears?  What type of bullying, harassment and abuse will increase at work?  How can we decrease negative self-talk that increases stress and destroys self-esteem and self-confidence?

Harassment by Leaders and Managers Managers and leaders will squeeze more from themselves and staff in order to reduce costs and stay afloat.  But some managers and leaders will abuse employees and subordinates just because they know they can.  Many people will tolerate bullying and abuse because they’re afraid they’ll lose their jobs if they don’t give in.  But don’t give in to bullying, harassment or obnoxious treatment.  You are still protected from those abuses.  Don’t be pugnacious in return, but do insist on politeness and decent treatment.  Know the law, get allies and advisors, and document on your home computer.

Bullying by Coworkers Expect a huge increase in stealth bullying by coworkers and managerial peers.  Many will think that their survival requires them to get rid of you.  Some will become masters of backstabbing, criticism, sarcasm, snide put-downs, blaming, spreading rumors and gossip, smear tactics, taking credit from you, and forming cliques.  They’ll smile when they do it.  Keep your opinions to yourself and watch out for people who produce nothing, suck up and cover their backs.  Form your own clique of productive people you trust.  Also, ally with someone productive who has great people skills and a sense of what’s happening throughout the whole office.

Negative Self Talk The worst problem will be a dramatic increase in this type of “self-bullying.”  Your inner voices will make dire predictions of the future, tell you that you’re helpless in the grip of huge forces beyond your control and predict that, no matter how hard you try, you’ll inevitable fail.  Your supercritical inner voices will try to stress, depress and discourage you, and make you give up.  Your inner voices, full of self-questioning and self-doubt, can erode your self-esteem and self-confidence, destroy your hope and immobilize you.

Self-bullying is the most destructive form of bullying because it saps your will to overcome your circumstances.  Self-bullying can rob you of your determination, courage, strength and skill.  With those voices shouting or whispering in your ear, it’s impossible to gather yourself and make consistent, focused effort.  If you let fear and self-bullying destroy your strength and will, you won’t have the right stuff, you won’t do the right thing and the economic tide will pull you under.

You know which people spoke to you in those voices.  You know who really didn’t like or respect or appreciate you.  And which people thought they’d motivate you better by beating you down.  In either case, whether they ridicule your efforts or are simply certain of the bleak future they predict, their old style is no good for you now.  You need encouraging self-coaching now, not self-bullying.

In addition to finding a great coach or therapist to guide you in the inner work necessary to convert those voices into effective coaches, there’s a lot you can do to help yourself.

Turn off the parts of the outer world that feed fear, despair and depression.  Turn off the television and radio; don’t read newspapers or magazines; stop checking the snippets of fear on your smart phone.  Don’t waste your life being discouraged by endless analysis of what’s wrong and the latest expert’s predictions of impending and long lasting doom.  Walk away politely from people who wallow in fear and panic.  You don’t need those moment-to-moment, panic-making obsessions to know what you need to do to stay strong and do your best.

Look around.  Who doesn’t waste their time worrying about the economy, but instead, handles things in as little time and with as little wasted energy as possible?  Who has an inner light that gives them joy even when they don’t have all the comfort and toys they want?  Ask them how they look at the world.

Make new friends and acquaintances who stimulate your strength, courage and joy.  Find other great people to stand with.  In one swift and mighty sweep, end the self-doubt, the need to analyze and question, the self-bullying and brainwashing.  You have great sources of inner strength and power, if you would but let yourself feel them.  You have the guts and grit to thrive in this little ice age.  Your ancestors did and you have their strong genes.

Don’t give in to self-bullying or harassment or abuse by other people.  Overcome your fears.  Be a courageous leader, wherever you are in your company.

Emerson was right when he said, “What lies behind us and lies before us are small matters compared to what lies within us.”

Legal weapons against school bullies and cyberbullying

The New Year has been welcomed by a number of articles and blog posts describing legal weapons to help school administrators, principals, teachers and parents take action against all types of bullies. Some recent examples:

• In her blog post, “Banning Cyberbullies,” Joanne Jacobs reports that in California, cyberbullying at school or during school activities will be banned and punished.  The original article, “School Cyberbullying law takes effect Jan. 1,” was in the Inland Valley Daily Bulletin.
• The blog post, “Kansas vs. Cyberbullying,” reports on anti-bullying policies throughout Kansas.  The original article, “Anti-bullying plans and policies for area schools,” in the Topeka Capital Journal details the anti-bullying plans that each school district must provide this year.
• In Barcelona, Spain, a “school ordered to pay 30,000 Euros in damages in bullying case,” for allowing bullies to abuse a student for two years.  Part of the evidence documenting the abuse was in a school video.

These are only a drop in the bucket, but I’m glad some states and individual school districts are making laws to protect children from bullies and bullying.  We need new laws because so many administrators are cowards.  They’re afraid they’ll be sued by parents who want to protect their little terrorists.  Therefore, we need to require administrators to act and also to protect them from legal suits when they do act.

The amount of bullying allowed in a school is completely dependent on the administration and teachers in their tussle with parents.  I’m from Denver and know Columbine High School very well.

On an individual basis, parents must teach children how to face the real world in which they’ll meet bullies all their lives, even if the children are small and outnumbered.  That’s independent of the type of bullying – cyberbullies, physical bullying or verbal harassment or abuse.

Sometimes, a child can handle a bully by himself, beginning with peaceful, non-violent tactics and moving step-wise toward being more firm and eventually fighting to win.  Or, depending on the situation, just get the fight over with the first time.  Other times, adult help is needed.

As I show in my books and CDs of case studies, “How to Stop Bullies in their Tracks” and “Parenting Bully-Proof Kids,” bullies are not all the same, but their patterns of behavior, their tactics, are the same.  That’s why we can find ways to stop most of them.

Most children will naturally bully the weak or different.  Children must be taught, primarily by parents, if they’re going to learn to be more civilized.

In addition to professional experience as a coach and consultant, I learned practical, pragmatic methods growing up in New York City and then watching our six children and their friends and enemies.

True bullies will take empathy, kindness and tolerance as weakness.  They’ll think we’re easy prey.  It will encourage them, like sharks, to attack us more.  Bullies will show you how far you need to go to stop them.  Get out of your comfort zone and stop them.

When children learn how to stop bullies in their tracks, they will develop strength of character, determination, resilience and skill.  They’ll need these qualities to succeed in the real-world.