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 responsibilityIf 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?

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.

There’s a world of difference between being an active witness to bullying and abuse, and being merely a bystander. A bystander has already decided to be an uninvolved spectator, to look the other way, to pretend ignorance if called upon.

A witness can make a tactical decision based on the circumstances – intervene now in some tactical way or speak up later.

At work, co-workers or bosses are bullies; at home, abusive parents will harass and bully one young child while lavishing goodies on the other; in addition, toxic parents will favor one adult child over another with love and inheritance on the line.

I’ll focus here on kids, but the larger implications should be obvious when you think about slavery or the Nazis or a hundred other public examples.

Often, at school and at home, mean kids will try to turn siblings or friends against each other.

For example, Charles’ friend, Brad, was relentlessly nasty to Charles’ sister Sarah.  He made fun of her, called her stupid, dumb and ugly, and, even though Sarah was tall and skilled enough to play with the older boys, he’d cut her out of their games or he’d intentionally knock her down.

Charles looked on in dismay but never interfered.  That was puzzling to Charles’ parents because, in one-to-one situations, Charles played well with Sarah and liked her.  Yet Charles had become a bystander; he wouldn’t step up to what he knew was right.

How come he didn’t protect Sarah from Brad?  Was Charles afraid that if he interfered he’d lose a friend or that Brad would beat him up?  Did Charles secretly want his sister out of the way?

More important than an analysis of “why,” was the potential effect on Charles of being a bystander.  What would be the cost to his character and mental and emotional well-being?  What would be the effect on his conscience and self-esteem if he played along and didn’t speak up against the abuse or if he colluded by joining in the harassment of his sister in order to make friends with Brad?

Without knowing the real answers to the “why” questions, the pain, shame, anxiety and stress of watching his sister tormented and the guilty laceration of his conscience finally drove Charles to choose which side he was on.  He stood up for his sister and for high standards of conduct, but then he had to solve another problem; Brad was a head taller and 30 pounds heavier than he was.

In front of Sarah, Charles got in Brad’s face and told him to cut it out.  If Brad wanted to be his friend and play with him, he had to be nice to Sarah…or else

Most of the Brad’s in the world would back down but this one didn’t.  Angry words led to shoving and Brad grabbed Charles and threw him down.  At this point Charles and Sarah’s advanced planning gave them a tactical advantage.  Sarah, as tall and heavy as Charles, jumped on Brad’s back and the brother and sister piled on Brad and punched and kicked him.

As with most kid fights it was over fast.  Brad got the message; he was facing a team.  If he wanted to play with them he’d have to play with both of them.  If he wanted to fight he’d have to fight both of them.  No parents were involved and Brad chose to play with them and be nice to Sarah.

As much as the incident helped Sarah, Charles was the major beneficiary of his choice.  His self-esteem soared.  He had been courageous and mentally strong.  And he learned that he and his sister could plan and stand firm together.

In a different situation, Ellen was popular and Allison, who was outgoing but had no friends, wanted Ellen all to herself.  At school, Allison put-down and cut out anyone Ellen wanted to play with.  If Ellen refused to follow Allison, Allison would get hysterical, cry and wail that Ellen was hurting her feelings.  Ellen didn’t want to hurt Allison but she wanted to play with whoever she wanted to play with.

The situation came to a head during the summer.  Allison wanted to play with Ellen every day.  And on every play date, Allison would be nasty to Ellen’ younger sister.  She’d mock Jill, order her to leave them alone and demand that Ellen get rid of her younger sister.  They were best friends and there was no room for a little kid.

Numerous times at their house, Ellen’ parents asked Allison to include Jill, but to no avail.  Allison would agree, but as soon as their backs were turned she’d be twice as nasty to Jill.

Ellen faced the same choice that Charles had; hurt her sister in order to collude with her friend or lose a friend and classmate.

Ellen didn’t agonize like Charles had.  Ellen was very clear; colluding is not how a good person would act.  However, her requests that Allison stop only brought on more hysterical anger and tantrums.

Ellen didn’t want to play with Allison any more but didn’t know how to accomplish this.  When she told Allison, Allison threw another fit – hurt feelings and crying.

This situation required different tactics from Charles’ because Ellen was younger and arrangements for them to play during the summer and after school had to be made by their parents.

Ellen’ parents could have gone to Allison’s parents and told them what Allison was doing.  However, they’d observed that Allison’s parents had never tried to stop her hysterics, blaming and finger-pointing at school.  They’d always believed Allison’s accusations about other kids and added their blame.  They demanded that teachers do what Allison wanted.

Ellen’ parents thought that raising the issue with Allison’s parents would only lead to negativity, accusations and an ugly confrontation, which would carry over to school.

They decided to use an indirect approach; they were simply always too busy for Ellen to play with Allison.  The rest of the summer they made excuses to ensure there would be no play dates.  When school started, they made sure there were no play dates after school, even if Jill wasn’t there.  They didn’t want their daughter to be friends with such a stealthy, manipulative, nasty, control-freak like Allison.

In addition, they told Ellen’s teacher what Allison was doing and asked them to watch if Allison tried to control Ellen and cut out other kids.

Most important, Charles stopped being spectator and became an effective witness-participant.  Ellen also would not remain a bystander.  She made her feelings clear and her parents helped intervene.  Both children learned important lessons in developing outstanding character and values.

Tactics are always dependent on the specifics of the situation.  As parents wanting to help and guide your children and grandchildren, remember that there’s no one-right-way to act.  The people involved get to choose where they want to start the process of standing up as witnesses and participants.  You can get ideas and guidelines from books and CDs but on-going coaching, to prepare you for your “moments of truth,” is essential.  You will need to adjust your plan in response to what happens at each step along the way.

For example, see the studies of Jake and Carrie in “How to Stop Bullies in Their Tracks.”

A New York Times blog post by Lisa Belkin, “A Bully at Age 4?” raises the question, “How young is too young to be a bully?” A comment from a parent described a big 4-year old child hitting other 4-year old kids at school, not allowing other kids to play if he didn’t feel like it, biting another kid so severely through a thick jumper that bad marks were left, and punching another child in front of a teacher.  The teacher asked the bully to apologize but the bully refused.  The teacher did nothing further.

The parent wanted to know if the 4-year old was old enough to intend to hurt his victims and if he was a “bully?”  Since the school wasn’t taking this seriously, the parent wondered if she was overreacting or if she should do something to protect her child?

In trying to define bullying and in thinking she shouldn’t act if the aggressor hadn’t intended to hurt his targets, I think the parent is taking the wrong approach.

Instead, she should begin by asking what she wants for her child.  Do you want your child hit, bitten, cut out of games, punched?  Don’t intellectualize about it.  Don’t give excuses for the bully (For example: "He’s too young to understand the pain he’s causing").

If you want your child repeatedly abused, if you want to leave your child in the hands of teachers and administrators who won’t protect your child when he’s harassed or attacked by someone bigger turn your back and leave your child to the predators.

On the other hand, if you don’t want your child brutalized, maybe a little outrage would serve you well.  Would you allow your children to do that to each other?  If you want your child to be treated with civility and kindness, then you must act with courage and strength.  Don’t wait to act until you’re absolutely positive that a kid’s behavior has risen into some mental category you can label “bully.”

If your child is too small to fight back, you have to protect him.  Get the parents of other targeted kids to go en masse to the school principal and teachers.  Hold them accountable to stop bullies like that abusive 4-year old.  Apologies are never enough, but there are many options for meaningful and effective consequences: He can be given an all-day time out, he can be socialized while he's kept away from his targets, his parents can be held accountable for his behavior, and he can probably be kicked out of school if he won’t change his behavior.

If the school administrators are reluctant to protect the children in their care, you might explain what a little publicity can do.  For example; would they like a national story on their school, “School Condones Bullying Despite Parents’ Protest”?  Or simply move your child to a different school in which the responsible adults care about his emotional health and physical safety.

As an aside, in my experience, 4-year olds know if they can get what they want by brutalizing or abusing another kid.  If their bullying isn’t stopped when they’re children, they’ll grow up to be adult bullies; in love and at work.  But intention to hurt is not the issue.  You can stop the bullying even before a child understands all the ramifications of that behavior.  The child’s understanding of the consequences that will happen to him can be enough to stop the behavior.

Also of course, your 4-year old is finding out whether he can count on you to keep him safe and healthy or if you won’t protect him.  If you justify or excuse the bully’s actions, you’ll be ruining your child’s self-confidence and self-esteem.  All your life, you’ll live with the consequences of your actions and his decision about you.