Tuesday, November 25, 2008

We received the following comments concerning a recent newsletter article we recently sent out. (comments in green, original article in black) The comments came from a colleague and friend who runs an excellent counseling/recreation program for children who have socializing issues. His point, forcing a child who is passive to participate in an activity not of their own choosing will come to a bad end, is true. If the child is not athletic, forcing them to participate in sports will not end well. Sports can be great to learn, but only if the child is self-motivated to learn sports. We believe that passive children do need to learn activities appreciated by others, but the child needs to be the one who decides what activity it is. Caring adults who work with passive children need to think of skills and activities appreciated by others as much more than just sports. These activities include art, drama, magic, computers, videogames and other age appropriate activities. A passive child learning skills and activities appreciated by their peers goes a long way toward preventing bullying, but as we state in our newsletter, passive children will also need to practice social skills. Thanks for writing to us. Keep your comments coming! Mike


Hey there- Very much enjoying these e-mails. Today I want to quibble with the wording you use in part of the latest installment - You say "These students will also...need to learn activities appreciated by their peers." As someone who works with lots of these passive types, I just want to throw in my 2 cents and say that NEED is a bit strong and may serve to make matters a bit worse at times. I talk to lots of parents who assume that if they get their kid involved in baseball or soccer or some other popular activity, that they will have a common frame of reference with more typical and more confident kids. It's often well intended but what lots of these parents ignore is that their kids often have absolutely no interest in these activities. So what happens is that they go, do a bad job either intentionally or unintentionally, have another failure experience both physically and socially, and then have something else to be pissed at their parents for. It can also provide grist for the mill when kids suspect that their parents want to change them into someone they're not. I usually phrase it to parents that it would make matters easier for everyone if their kids learned activities that everyone appreciates but that if it starts to feel like they're trying to force a square peg into a round hole - maybe it's time to punt. I also know some kids who do pretty well socially even though they suck at sports and don't have any interest in them. I think it's more important that, whoever they are, they develop and express a sense of confidence. And - not that I'm biased about this at all - I think you're right - they do NEED to develop more social competence.

Research has revealed common characteristics and profiles among students who are repeatedly bullied. One group is referred to as passive (a.k.a. submissive) victims, another as provocative victims. Clarifying the behaviors of a student who is repeatedly bullied can lead to strategies that reduce victimization.

Passive victims signal, through attitude and behaviors, that they are insecure and will not respond strongly if bullied. They are often:
Physically weaker than others their age
Afraid of being hurt, have poor physical coordination and don't do well in sports
Have poor social skills and have difficulty making friends
Cautious, sensitive, quiet, withdrawn and shy
Anxious, insecure, and cry or become upset easily
Have poor self-esteem
Have difficulty standing up for or defending themselves, physically and verbally


Provocative victims express behaviors that often irritate others and incite negative reactions. They often:
Have poor social skills -- appear to instigate the bullying
Are hyperactive, restless, and have difficulty concentrating
Are clumsy, immature, and exhibit irritating habits
Do not develop strong friendships
Are hot-tempered and attempt to fight back, ineffectively and sometimes entertainingly,
when victimized
Pick on smaller kids

If the bullied child has traits familiar to either list, altering their behavior may help reduce further bullying and develop self-esteem, resiliency and empowerment - qualities that will limit further victimization. For instance, teach passive victims to respond assertively to bullies with details that include specific language and how to express confident body language, eye contact, and tone of voice. These students will also need to practice social skills and learn activities appreciated by peers.

Provocative victims also need to learn age appropriate skills. They will need help from a caring adult to become aware of behaviors that generate negative reactions from others. They may also need help with emotional management techniques.

Social skills training should be incorporated into behavior plans, classroom lessons, and IEPs (Individualized Education Plans).

Although some behaviors do perpetuate bullying, no one ever deserves to be bullied!

Monday, November 17, 2008

Cyber Bullying Case Law is Limited, But Consider Civil and Criminal Laws

Educators and administrators often ask us about case law regarding cyber bullying to help guide them in policy and procedure. As far as I know, and I research it daily, case law is limited. One law suit, now in progress, is slowly developing (read article: Evidence of Megan Meier's death will be permitted in Lori Drew's cyber-bullying trial)

Regardless of case law, school personnel need to respond if a student harasses or bullies another student(s) using the school computer/internet system. A school also needs to be involved even if the cyber bullying was initiated off campus, but interrupts learning on campus. This is referred to as an off-campus/on-campus nexus.

A real challenge for administrators and teachers is when one student bullies another student online, but there is no connection to school computer use or an on-campus/off-campus nexus. They struggle when confronted by a parent of a student who is being bullied by another student at the school. Simply put, a distressed parent does not want to hear “The bully didn’t use a school computer, there is no nexus and therefore there is nothing we can do or required to do.”

In such situations, we do have some recommendations. First, we believe all schools should be preemptive and should teach all students, staff and parents about the different types of bullying, how to address it as a target, bystander, or parent, and consequences of bullying. This won’t stop all bullying from occurring, but can limit its affects.

Also, when necessary, and as appropriate, share the following information, which I have cut and paste from a document titled Educator’s Guide to Cyberbullying and Cyberthreats by Nancy Willard, M.S., J.D. Note that this is not legal advice, but information to consider.

Civil Litigation
When should parents of a target consider civil litigation against the bully and parents of the
bully?


Civil laws provide the ability for cyberbully victims to sue the bully and the bully’s parents to recover financial damages for injuries or require actions, such as removal of material and discontinuation of cyberbullying. Some cyberbullying activities meet the standards for what is called an intentional “tort” (wrongdoing).

In many jurisdictions, there are parental liability laws that allow someone who is intentionally injured by a minor to hold the parents of that minor financially responsible. Parents can also be found negligent in failing to provide reasonable supervision of their child. If a school official notifies parents that their child is cyberbullying another and the cyberbullying continues, this can provide an enhanced ability to hold the parent’s financially liable. Informing the parents of the cyberbully about this potential is likely the strongest “motivation” school officials can use to ensure that the cyberbullying stops.

Depending on the facts, the following legal actions might be possible:
Defamation. Someone publishes a false statement about a person that damages his or her reputation.
Invasion of privacy/public disclosure of a private fact. Someone publicly discloses a
private fact about a person under conditions that would be highly offensive to a reasonable person.
Invasion of personal privacy/false light. Publicly disclosing information that places an individual in a false light.
Intentional infliction of emotional distress. Someone’s intentional actions are outrageous and intolerable and have caused extreme distress.

An attorney can send a letter to the bully’s parents and seek informal resolution or file a lawsuit.

Criminal Law
When should a school contact, or assist a parent in contacting, law enforcement officials?

Extremely harmful online speech can violate criminal laws. The following kinds of speech can lead to arrest and prosecution:
• Making threats of violence to people or their property.
• Engaging in coercion (trying to force someone to do something he or she doesn’t want to do).
• Making obscene or harassing telephone calls (this includes text messaging).
• Harassment or stalking.
• Hate or bias crimes.
• Creating or sending sexually explicit images of teens (this is child pornography).
• Sexual exploitation.
• Taking a photo of someone in place where privacy is expected (like a locker room)


At Balance Educational Services, we teach students, staff and parents how to avoid on-going bullying, and hope that a situation never gets so severe that law enforcement has to be involved. However, educating people that bullying or harassing someone online may lead to legal liability can be a good deterrent to a bully and/or motivate the parents of a cyberbully to provide more supervision.

If anyone is familiar with case law regarding cyberbullying, please let us know.
Thanks.

Steve

Friday, November 14, 2008

Brain Scans Show Bullies May Enjoy Watching Pain

Recently, I read the article Brain Scans Show Bullies May Enjoy Watching Pain. The study, using sophisticated fMRI technology, suggested that kids who bully derive pleasure from others pain.

I’m completely in favor or research to gain greater insight into the dynamics of bullying and determine new strategies to reduce violence and increase empathy and respect. Unfortunately, I don’t think the information of this study, as publicized, is all that relevant in terms of bullying. The researchers studied the brain activity of 8 teenagers with aggressive Conduct Disorder (CD) and another 8 matched controls that did not show symptoms of CD, while they watched animated scenes showing people in pain and not in pain. All the subjects were boys between 16 and 18 years of age.

Conduct disorder is described as a group of behavioral and emotional problems in youngsters. Children and adolescents with this disorder have great difficulty following rules and behaving in a socially acceptable way. They are often viewed by other children, adults and social agencies as "bad" or delinquent, rather than mentally ill. Many factors may contribute to a child developing conduct disorder, including brain damage, child abuse, genetic vulnerability, school failure, and traumatic life experiences.


People with this disorder have a very serious issue and special needs. However, they do not make up the majority of kids who bully. Conduct disorder only affects 1 to 4 percent of 9- to 17-year-olds.

Bullying shows itself in many different forms (physical, verbal, cyber and relational), is common among male and female of all ages and is expressed for many different reasons. It is a behavior that meets a need which can include, but not be limited to, a desire to be popular, a leader, considered funny, impress peers, or seek revenge. If the behavior is reinforced with success in meeting the need of the child, the behavior will continue. The study focused specifically on how the subjects reacted when viewing physical types of distress in others. However, physical bullying is the least common type of bullying. And aggressive behavior by kids with conduct disorder is only one small fraction of those guilty of bullying.

This study seemed to get a lot of publicity with its headlines, but I would caution about thinking that it offers any new important insights into the general bullying dynamic. I think it’s too early to equate it with bullying at all. This study was too limited in scope to be of any real value in bully prevention strategies. I think it was way too early to even publish this study, especially in regards to new insights about bullying, but I do hope they continue the research.

What do you think?

Steve