Brookwood 167 | Bullying Policies & Procedures by Brookwood 167

WHAT IS BULLYING?

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES

(WWW.STOPBULLYING.GOV):

“Bullying is unwanted, aggressive behavior among school-aged children that involves

real or perceived power imbalance.

The behavior is repeated, or has the potential to be repeated, over time. Both kids who are bullied and who bully others may have serious lasting problems.”

Brookwood SD 167 Board of Education

7:180 Prevention of and Response to Bullying, Intimidation, and Harassment

Bullying, intimidation, and harassment diminish a student’s ability to learn and a school’s ability to educate. Preventing students from engaging in these disruptive behaviors and providing all students equal access to a safe, non-hostile learning environment are important District goals.

WHAT IS CONSIDERED BULLYING?

Bullying on the basis of actual or perceived race, color, national origin, military status, unfavorable discharge status from the military service, sex, sexual orientation, gender identity, gender-related identity or expression, ancestry, age, religion, physical or mental disability, order of protection status, status of being homeless, or actual or potential marital or parental status, including pregnancy, association with a person or group with one or more of the aforementioned actual or perceived characteristics, or any other distinguishing characteristic

NOTE: New Definition of “Policy of Bullying”. Expansion of the definition of bullying to include physical appearance, socioeconomic status, pregnancy, parenting status, academic status, and homelessness. Copyright 2024 - Petrarca, Gleason, Boyle & Izzo, LLC

BULLYING IS PROHIBITED IN EACH OF THE FOLLOWING SITUATIONS:

1. During any school-sponsored education program or activity.

2. While in school, on school property, on school buses or other school vehicles, at designated school bus stops waiting for the school bus, or at schoolsponsored or school-sanctioned events or activities.

3. Through the transmission of information from a school computer, a school computer network, or other similar electronic school equipment.

4. Through the transmission of information from a computer that is accessed at a non-school related location, activity, function, or program or from the use of technology or an electronic device that is not owned, leased, or used by a school district or school if the bullying causes a substantial disruption to the educational process or orderly operation of a school.

This item (4) applies only in cases in which a school administrator or teacher receives a report that bullying through this means has occurred and it does not require a district or school to staff or monitor any non-school-related activity, function, or program.

HOW IS BULLYING DEFINED?

Illinois School Code Definitions (105 ILCS 5/27-23.7)

Bullying includes cyberbullying and means any severe or pervasive physical or verbal act or conduct, including communications made in writing or electronically, directed toward a student or students that has or can be reasonably predicted to have the effect of one or more of the following:

1. Placing the student or students in reasonable fear of harm to the student’s or students’ person or property;

2. Causing a substantially detrimental effect on the student’s or students’ physical or mental health;

3. Substantially interfering with the student’s or students’ academic performance; or

4. Substantially interfering with the student’s or students’ ability to participate in or benefit from the services, activities, or privileges provided by a school.

DIFFERENT FORMS OF BULLYING

Bullying may take various forms, including without limitation, one or more of the following:

• harassment

• threats

• intimidation

• stalking

• physical violence

• sexual harassment

• sexual violence

• theft

• public humiliation

• destruction of property, or

• retaliation for asserting or alleging an act of bullying.

This list is meant to be illustrative and non-exhaustive.

CYBERBULLYING

Cyberbullying means bullying through the use of technology or any electronic communication, including without limitation any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic system, photo-electronic system, or photo-optical system, including without limitation electronic mail, Internet communications, instant messages, or facsimile communications.

Cyberbullying includes the creation of a webpage or weblog in which the creator assumes the identity of another person or the knowing impersonation of another person as the author of posted content or messages if the creation or impersonation creates any of the effects enumerated in the definition of bullying.

Cyberbullying also includes the distribution by electronic means of a communication to more than one person or the posting of material on an electronic medium that may be accessed by one or more persons if the distribution or posting creates any of the effects enumerated in the definition of bullying.

MAJOR CATEGORIES OF BULLYING

1) Verbal Bullying – This includes teasing, name-calling, inappropriate sexual comments, and taunting.

2) Social Bullying – Often referred to as relational bullying, social bullying happens when someone is trying to deliberately hurt another’s reputation. This includes spreading rumors, repeatedly excluding someone, and telling other children not to be friends with someone.

3) Physical Bullying – This includes hitting, pushing, tripping, stealing possessions, and sexual assault. Boys are more likely to participate in physical bullying than girls.

4) Cyber-Bullying – Cyber bullies use the internet (social media, mostly) to target their victims. Rumors and insults can quickly spread through social media, and it’s nearly impossible to eradicate them. According to StopBullying.gov, the definition of bullying is: “unwanted, aggressive behavior among school aged children that involves a real or perceived power imbalance. The behavior is repeated, or has the potential to be repeated, over time.”

BULLYING IS NOT

1) Excluding someone – It is not considered bullying if children exclude someone on the playground now and then or don’t invite someone to a party. Repeated and deliberate exclusion, however, can be bullying.

2) Disliking someone – Children may verbally or nonverbally communicate their dislike of another child. This is okay, as long as they don’t start rumors or verbally abuse the other child.

3) Accidental physical harm – A child might unintentionally bump into or trip another child. This it is not bullying if it is not deliberate.

4) Being “bossy” – It is natural to want friends to play a certain way, and some children take the role of being the director. Learning to lead skillfully is a lifelong process, and most kids haven’t mastered it.

5) Telling a joke about someone (once) – While this is not great behavior, it is not considered bullying unless there are repeated instances. One single joke about someone may hurt that child’s feelings, and it’s not okay.

6) Arguments – We all argue, and arguments will inevitably happen at school.

REMEMBER: Illinois School Code Definitions (105 ILCS 5/27-23.7) Ensure the reported actions also fall under the definitions presented in the Illinois School Code.

TWO KEY COMPONENTS OF BULLYING

Although definitions vary from school to school, most definitions of bullying have two key components:

• Aggressive behavior

• An imbalance of power

AGGRESSIVE BEHAVIOR

One or more people are directing aggression to another person who is unable to stand up for him/herself. The aggressive behavior is unwanted and unprovoked. The only person feeling emotionally upset is the person who is targeted. Whereas the aggressor appears to get some kind of pleasure out of his/her behavior and often feels no regret or remorse.

Examples:

• A student intentionally bumps into a classmate whenever they pass in the hallway and encourages other students to laugh.

• A very strong, large student taunts and makes fun of a smaller student in the locker room.

• Classmates make fun of a student’s clothes or mock a student’s accent or taunt the student about his/her grades.

IMBALANCE OF POWER

A key determining factor in bullying involves the imbalance of power. This could be physical size and power, relation to social status, multiple students “ganging up” on an individual, or sheer volume of information used against someone in a cyberbullying scenario. It could also be when a student is just vulnerable in some way making it difficult to defend him/herself.

Examples:

• An older student verbally abuses younger students on the bus and does not let them sit where they want to.

• A bigger child threatens a smaller child for his lunch.

• A very popular teenager intimidates others to do his/her bidding.

• Girls in a high social status clique humiliate and repeatedly make fun of a girl from a lower social status group.

SCENARIO 1

On Thursday afternoon, the results of who made cheerleader are posted. On Friday during lunch, a group of girls who made the cheerleading squad walk by a girl who did not make it. One of the girls says, “See you in cheerleading practice today.” They all start laughing and walk off. Later that day, they repeat the aggressive behavior at lunch and in Spanish class. The target goes to the counselor’s office in tears. Is this bullying?

Yes. Due to the nature of the “group” bullying there is a definite imbalance of power.

SCENARIO 2

Julie’s mother calls the school because she claims her daughter is being bullied, because Laura doesn’t want to be her daughter’s friend anymore. She goes on to say that Julie hasn’t been invited to a birthday party at Laura’s house and rarely talks to her anymore. Mom reports, “this situation has devastated Julie . . . she can’t do her school work . . . I just don’t know what we’re going to do.”

Is this bullying?

No. The fact that one student doesn’t want to play with another student is not bullying. If there was a case where a student was trying to get others to not play with someone, then that would be. For example, organized exclusion of another student would be bullying. But it’s not bullying if a student simply does not want to play with someone. Instead, encourage the child to play with someone else.

SCENARIO 3

While walking through the cafeteria, Jessie pulled out Mark’s seat from under him and he fell to the floor. Mark hit really hard and everyone started laughing. Is this bullying?

It’s difficult to tell from the information given. If there is an imbalance of power between the two students, then it would be considered bullying. If there is not an imbalance of power, it would be labeled as peer aggression. For example, both boys might be the same size and power, have similar social status, consider each other friends and be on the baseball team together. Both scenarios are wrong, but in that particular case it would be labeled as peer aggression instead of bullying.

Note: Consequences will be given either way. Just because an aggressive act is not called bullying doesn’t mean the aggressor won’t receive a consequence or that the consequence will be any less than if it had been called bullying. It’s just documented in a different way.

SCENARIO 4

Every time Trevor speaks in class, Howard makes comments about how “gay” he sounds. He’s also commented about other student’s ethnicity and religious beliefs. Is this bullying? It’s beyond bullying. Due to the nature of the comments, this scenario would be considered harassment.

SCENARIO 5

It seems as if every day Collin (extreme ADHD) and Matthew (Autism Spectrum Disorder) start calling each other names, taking each other’s things, and both often lose control of their anger. Both Collin and Matthew, who consider each other friends, are about the same size and hang out with the same group.

Is this bullying?

No. This would be considered peer aggression/conflict. Both students should be held accountable for their actions, but it would not be considered bullying.

Another way to determine if an incident is bullying or peer conflict is to ask yourself, “Would this student say or do the same thing he did to this student, to another student who is bigger and stronger than he is?” If the answer is no, it’s probably bullying.

BULLYING

 Aggression is one sided.

 No disagreement

 Imbalance of power

 One side enjoys interaction and the other doesn’t

 Not angry at the person

CONFLICT

 Both sides are aggressive.

 There is a disagreement.

 No obvious imbalance of power

 Neither side usually enjoys the interaction

 Often angry or frustrated the person

RESTORATIVE MEASURES

Restorative measures means a continuum of school-based alternatives to exclusionary discipline, such as suspensions and expulsions, that:

(i) are adapted to the particular needs of the school and community,

(ii) contribute to maintaining school safety,

(iii) protect the integrity of a positive and productive learning climate,

(iv) teach students the personal and interpersonal skills they will need to be successful in school and society,

(v) serve to build and restore relationships among students, families, schools, and communities,

(vi) reduce the likelihood of future disruption by balancing accountability with an understanding of students’ behavioral health needs in order to keep students in school, and

(vii) increase student accountability if the incident of bullying is based on religion, race, ethnicity, or any other category that is identified in the Ill. Human Rights Act.

Brookwood SD 167

Bullying Prevention and Response Plan

The Superintendent or designee shall develop and maintain a bullying prevention and response plan that advances the District’s goal of providing all students with a safe learning environment free of bullying and harassment.

INVESTIGATING A COMPLAINT OF BULLYING

Prompt (10 days)

Thorough (Speak to all witnesses and gather evidence)

Fair As confidential as possible

Assess for civil rights implications

Don’t dismiss incidents out of hand

HOW IS BULLYING REPORTED?

Students are encouraged to immediately report bullying. A report may be made orally or in writing to the Nondiscrimination Coordinator, Building Principal, Assistant Building Principal, Dean of Students, a Complaint Manager, or any staff member with whom the student is comfortable speaking.

Anyone, including staff members and parents/guardians, who has information about actual or threatened bullying is encouraged to report it to the District named officials or any staff member. The District named officials and all staff members are available for help with a bully or to make a report about bullying.

Anonymous reports are also accepted; however, this shall not be construed to permit formal disciplinary action solely on the basis of an anonymous report.

PARENT NOTIFICATION

Consistent with federal and State laws and rules governing student privacy rights, includes procedures for promptly informing parents or guardians of all students involved in the alleged incident of bullying within 24 hours after the school’s administration is made aware of the students’ involvement in the incident and discussing, as appropriate, the availability of social work services, counseling, school psychological services, other interventions, and restorative measures.

The school shall make diligent efforts to notify a parent or legal guardian, utilizing all contact information the school has available or that can be reasonably obtained by the school within the 24hour period.

BULLYING INVESTIGATION

The Superintendent/Designee shall promptly investigate and address reports of bullying, by, among other things:

a. Making all reasonable efforts to complete the investigation within 10 school days after the date the report of the incident of bullying was received and taking into consideration additional relevant information received during the course of the investigation about the reported incident of bullying.

b. Involving appropriate school support personnel and other staff persons with knowledge, experience, and training on bullying prevention, as deemed appropriate, in the investigation process.

c. Notifying the Building Principal or school administrator or designee of the report of the incident of bullying as soon as possible after the report is received.

d. Consistent with federal and State laws and rules governing student privacy rights, providing parents and guardians of the students who are parties to the investigation information about the investigation and an opportunity to meet with the principal or school administrator or his or her designee to discuss the investigation, the findings of the investigation, and the actions taken to address the reported incident of bullying.

ADDITIONAL INVESTIGATION REQUIREMENTS

The Superintendent/Designee shall investigate whether a reported act of bullying is within the permissible scope of the District’s jurisdiction and shall require that the District provide the victim with information regarding services that are available within the District and community, such as counseling, support services, and other programs.

Practical Advice: Look to the definitions of bullying, cyberbullying and restorative measures provided in the Board policies.

IMPORTANT TIMEFRAMES TO REMEMBER

WITHIN 24 HOURS OF KNOWLEDGE OF BULLYING INCIDENT PARENTS SHOULD BE NOTIFIED OF INCIDENT AND AVAILABILITY OF COUNSELING AND RESTORATIVE MEASURES

BULLYING INVESTIGATION TO BE COMPLETED WITHIN 10 DAYS.

PROVIDE PARENTS AN OPPORTUNITY TO MEET WITH SCHOOL ADMINSTRATION TO DISCUSS THE FINDINGS AND ANY FURTHER ACTIONS TO BE TAKEN.

RETALIATION PROHIBITED

Any person’s act of reprisal or retaliation will be subject to disciplinary action, up to and including discharge with regard to employees, or suspension and/or expulsion with regard to students.

A student will not be punished for reporting bullying or supplying information, even if the District’s investigation concludes that no bullying occurred.

However, a person who is found to have falsely accused another of bullying, as a means of retaliation, as a means of bullying, or provided false information will be treated as either:

(a) Bullying

(b) student discipline up to and including suspension and/or expulsion

• Stop the harassment and report it to appropriate school officials

• Advise individuals who report harassment of their options

• Investigate complaints

• Take steps reasonably calculated to end the harassment

• Take steps reasonably calculated to prevent future harassment

BEST PRACTICES FOR REPORTS OF BULLYING

• Stop the conduct and report it to appropriate school officials

• Disciplinary measures

• Change schedules; separate harasser and victim

• Counseling /education for victim and/or bully (restorative measures)

• Keep victim and parent informed of status of investigation

• Notify victim and parent of outcome of investigation

• Advise individuals who report harassment of their options for obtaining help

• DOCUMENT all contacts with victim, parent, harasser, and action taken

FOCUS OF THE INVESTIGATION TO DETERMINE IF BULLYING

FOUNDED OR UNFOUNDED

•Interview victim to determine how the bullying/perceived bullying is affecting the victim psychologically, physically, socially and academically.

•Get the victim’s version of the incident(s) and a list of possible witnesses as well as information on the type of bullying (psychological or physical), number of incidents, the time of the incident(s), and the location of the incident(s).

•Provide parents/guardians of both the victim and alleged student(s) identified as perpetrating the bullying/cyberbullying with communication that an investigation is occurring. (within 24 hours)

•Meet with the student(s) identified as perpetrating the bullying/cyberbullying.

•Use information gathered from victim, witnesses and students identified as exhibiting bullying behavior to determine if the claim is founded or unfounded and the severity of the bullying event.

CHECKLIST FOR INVESTIGATIONS OF BULLYING

1. Ensure Safety

2. Notify Parent/Guardians of All Students Involved

3. Document All Allegations of Bullying

4. Conduct An Investigation

5. Make A Determination Whether Allegations Of Bullying Are Substantiated Or Not And Document Determination

6. Notify All Involved Parties Of The Outcome Of The Investigation

ENSURE SAFETY

The Principal or their designee will provide immediate support to any targeted student(s) to ensure safety.

Some examples include:

• Student will not have face to face contact or online contact with the aggressor

• Identify friends with whom the student feels safe.

• Student will visit trusted school staff on a daily basis to check in

• Student will share all passwords and will ‘friend’ his/her parents on all social networking sites so that they can monitor for any adverse online experiences.

• Student will report any breach of this plan to his/her parents, designated trusted adult, teacher, or other staff person immediately.

NOTIFY PARENT/GUARDIANS OF ALL STUDENTS INVOLVED

• Within one school day of receipt of a bullying report, the Principal/Designee shall report to the parent/legal guardian of all involved students, via telephone, personal conference and/or in writing, the occurrence of any alleged incident of bullying, and shall document these notifications in the District student information system.

• Notifications should be made privately to students directly involved and their parent/legal guardians.

• Additionally, when incidents have a larger impact on the school community, the Principal/Designee shall provide clear communication to students, staff and parents to reinforce school-wide expectations and a climate of respect and inclusion.

DOCUMENT ALL ALLEGATIONS OF BULLYING

Within two school days of receiving a report of bullying, the Principal/Designee will document the allegation in the District student information system as a general incident report and document all notifications made.

CONDUCT AN INVESTIGATION

• The Principal and/or a designee, who is knowledgeable about bullying prevention and intervention, shall perform the investigation.

• Investigation of reported bullying shall be initiated within 5 school days of receipt of a report, documented within the incident report in the District student information system, and completed within 10 school days, unless the Principal grants in writing an additional 5-day extension due to extenuating circumstances. The Principal/Designee shall document the extension in the investigation report and shall notify the parties involved.

CONDUCT AND INVESTIGATION (CONTINUED)

The investigation shall include:

• Identifying all involved parties, including the student(s) alleged to have engaged in the bullying behaviors, alleged target(s) and bystander(s), as well as any adult who witnessed the incident or may have reliable information about it.

• Conducting an individual interview in a private setting with all involved parties. The alleged target should never be interviewed in public or with the student(s) alleged to have engaged in bullying.

• Determining how often the conduct occurred, any past incident or continuing pattern of behavior, and the District student information system of the behaviors on the targeted student’s education.

• Assessing the individual and school-wide effects of the incident relating to safety.

MAKE A DETERMINATION

• The Principal/Designee shall consider whether the four elements of the bullying definition are met, or if all four elements of bullying are not present, whether the behavior qualifies as another inappropriate behavior.

• When the investigation is complete, the Principal/Designee shall ensure the investigation and findings (whether the report of bullying is substantiated or not substantiated) are documented in the District student information system.

• If the investigation determines a student engaged in bullying behaviors and/or other inappropriate behaviors, then District discipline procedures may be followed.

NOTIFY ALL PARTIES OF THE OUTCOME OF THE INVESTIGATION

Within one day of making a determination, the Principal/Designee shall notify, in writing, the parents/legal guardians of all students involved of the outcome of the investigation.

Parents/legal guardians of the students who are parties to the investigation may request a personal conference with the Principal/Designee to discuss the investigation, the findings of the investigation, the actions taken to address the reported incident of bullying, and any resources available in or outside the school to help the students address the underlying reasons for the bullying.

STEPS AFTER INVESTIGATION COMPLETED

Parents/guardians of both the victim of bullying and student(s) identified as exhibiting bullying behavior will meet with principal and/or the complaint manager following the investigation to discuss next steps for both parties.

This includes but is not limited to:

•Development and implementation of a separation plan aimed to prevent interactions between the victim and student(s) identified as exhibiting bullying behavior.

•Restorative practices aimed to repair the harm caused by the bullying/cyberbullying incident.

•Counseling or social work support for the victim and/or student(s) identified as exhibiting the bullying behavior.

When communicating incidents of bullying to the targeted student’s parent/guardian, the Principal/Designee should consider whether the student may want to keep certain information confidential. For example, if a student is bullied after coming out as gay, the Principal/Designee shall not disclose the student’s sexual orientation to the parent/guardian without the student’s permission, unless there is a legitimate, school-related reason for doing so.

If the investigation determines a student engaged in bullying behaviors, the Principal/Designee shall provide the discipline information to the parent/legal guardians of the student who engaged in the behaviors.

The Principal/Designee may advise the parent/legal guardian of other involved students that the Student Code of Conduct was followed. They may not advise them of specific consequences imposed, as that would violate the confidentiality of school-record information required by law

WHAT NOT TO DO

Do not solicit an apology from the student who engaged in bullying to the targeted student or mandate a public apology, use peace circles, victim/offender conferences, or any form of mediation that puts the student who engaged in bullying in contact with the targeted student in an immediate attempt to resolve the bullying. Restorative measures may be helpful to repair relationships between the student who engaged in bullying and targeted student, but only if used after other interventions have balanced the power differential between the perpetrator and target.

Do not dismiss bullying as typical student behavior or assume it is not serious.

• Severe, pervasive, objectively offensive behavior that denies equal access to education;

• School officials had actual knowledge of the harassment; and

• School officials were deliberately indifferent to the harassment.

Davis v. Monroe County Bd. of Education, 526 U.S. 629 (1999)

In re: Rose Tree Media School District, 111 LRP 6194 (SEA PA 2010)

 Student with ADHD symptoms, anxiety and significant social skills deficits engaged in impulsive behavior and frequently annoyed peers.

 Student complained of bullying by peers, but school staff believed he was extremely sensitive and may have misinterpreted normal peer interactions.

 Haring officer found that District violated its Child Find duty by not evaluating student and finding him eligible for special education.

 Question was not whether, in fact, student was bullied but whether student had a disability that made him a target for bullies or caused him to misinterpret others’ actions as bullying.

This letter expansively interprets case law:

• Districts must respond if “knew or reasonably should have known” of harassment;

• Describes harassment as severe, pervasive or persistent behavior; and

• District must not only respond to, but remedy harassment.

• Disability-based harassment is a form of prohibited discrimination, and bullying may constitute disability-based harassment.

• When a student with a disability has been bullied, school personnel should consider the civil rights implications, if any, of what occurred and address the situation accordingly.

BULLYING AND STUDENTS WITH DISABILITIES

T.K. v. New York City Department of Education, 56 IDELR 228 (E.D. N.Y. 2011)

• LD student complained that other students ostracized her, pushed her, refused to touch items she touched, and ridiculed her daily.

• The school had no evidence that it had investigated the reports of bullying or had taken any steps in the OCR Dear Colleague Letter, had no written reports of the incidents. The principal refused to talk to students’ parents about their concerns.

• The court held that FAPE is denied if the District fails to follow the procedures in OCR’s Dear Colleague Letter. The student need only show that bullying was likely to affect her educational opportunity.

BULLYING AND STUDENTS WITH DISABILITIES

Emily Z. v. Mt. Lebanon School District, 49 IDELR 10 ( W.D. Pa. 2007)

• LD student bullied, verbally attacked, and pushed into wall.

• District investigated, assigned aide, changed classroom procedures, talked to class, and provided social skills training to bully.

• Student made significant progress on IEP goals.

• District prevailed against parent allegation of denial of FAPE.

Disability harassment is defined as offensive, intimidating, abusive, threatening, harmful, or humiliating verbal, non-verbal, or physical conduct directed towards a student, based on his/her disability, that creates a hostile environment for the student that denies him/her an equal opportunity to an education.

BULLYING AS DISABILITY

DISCRIMINATION UNDER SECTION

504

Hemet Unified School District, 54 IDLR 328 (OCR 2009)

• Although District interviewed students, suspended a student and increased playground supervision when a student with ADHD was frequently called names on the playground, OCR had concerns with the District’s handling of the complaint.

• District was not effective in stopping the harassment. District should have taken additional action such as providing counseling, escalating consequences and conducting anti-harassment initiatives at school.

• District should have realized that this was disability-based discrimination, rather than treating it as an ordinary dispute between students.

• District did not have documentation that it (1) had investigated and interviewed, (2) determined if disability harassment had occurred, (3) took action in response or (4) informed the victim and his parents of the investigation results.

WHEN INVESTIGATING COMPLAINTS

OF DISABILITY-BASED BULLYING/HARASSMENT, OCR CONSIDERS:

Was the student bullied based on his/her disability?

Was the bullying serious enough to create a hostile environment?

Did the school know or should it have known of the conduct?

Did the school fail to take prompt and effective steps to end the bullying, eliminate the hostile environment, prevent it from recurring, and remedy its effects?

The Illinois Appellate Court for the 2nd District upheld the trial court’s dismissal of a student’s complaint which alleged that he was subjected to peer bullying and that the district failed to provide a safe environment. Student alleged that for 2 years he told the dean and school counselor that he was being bullied, bullying was getting worse, he was in danger, and he wanted to commit suicide. Student also alleged that the district ignored his reports and acted with reckless disregard for his safety. The court held that the school district was immune from liability under the Illinois Local Governmental and Governmental Employees Tort Immunity Act.

The court reasoned that, although the School Code mandates that each school district create and maintain a policy on bullying, the antibullying policy is not required to mandate a particular response to bullying allegations. The court concluded that how a school official handles an instance of alleged bullying falls within the definition of a “discretionary act” protected from liability under the Tort Immunity Act.