Dating violence

Abusive Student Relationships: Dating Violence, Bullying and Hazing

Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com

Dating Violence

“Dating Violence” Also called “relationship abuse” Defined as a pattern of physically, sexually, verbally and/or emotionally abusive behavior in a dating relationship

What does it look like? Physical: punching, slapping, pushing, grabbing Emotional: sexual coercion, verbal abuse, possessiveness, controlling behavior Can involve sexting and other cyber-abuse

How Common is Dating Violence?  2008 Teen Dating Violence Survey • 1 in 5 high school students reported being physically and/or sexually abused by a dating partner • 1 in 4 say they’ve been isolated by their boyfriend/girlfriend • 1 in 3 girls say they’ve been concerned about being physically hurt by their partner

Bullying

Bullying  Is aggressive behavior that intends to cause harm or distress.  Usually is repeated over time.  Occurs in a relationship where there is an imbalance of power or strength.

Indirect Bullying  Getting a third person to commit bullying acts  Spreading rumors  Deliberately excluding someone from a group or activity  Cyber-bullying

How Common is Bullying?  National sample of 15,600 students in grades 6-10 • 19% bullied others ”sometimes” or more often - 9% bullied others weekly - 17% were bullied “sometimes” or more often - 8% were bullied weekly • 6% reported bullying and being bullied “sometimes” or more often

Hazing

Hazing  “any activity by which a person intentionally or recklessly endangers the physical or mental health or safety of an individual for the purpose of initiation into, admission into, affiliation with, or continued membership with any organization”  Includes:

Hazing  “any activity by which a person intentionally or recklessly endangers the physical or mental health or safety of an individual for the purpose of initiation into, admission into, affiliation with, or continued membership with any organization”  Includes:

How Common is Hazing?  National study commissioned by North American Interfraternal Foundation (NIF) • 48% of college athletes reported that they had been hazed before coming to college - Male and Female athletes roughly equivalent in reporting experience - Types of hazing differed • 66% reported they’d observed hazing of others in high school sports

Abusive Relationships  Dating violence, bullying and hazing are the same or similar behaviors in different social contexts  Dating violence more frequently has a sexual component – but bullying also can have heavy sexual overtones  Both parties to social relationships can be abusive.

Adults’ Response ďƒ˜ Adults overestimate their effectiveness in identifying abusive student relationships and intervening to stop the abuse ďƒ˜ Students question the commitment of teachers and administrators -

35% believed teachers were interested in stopping bullying 25% believed administrators were interested in stopping bullying

What doesn’t work  Telling student to confront the abuser  Telling student to ignore the situation  Speaking about being kind  Peer mediation  Bully and target talking it out  Zero tolerance (student exclusion)  Group treatment for bullies  Simple, short-term solutions

What DOES work?  A change in the school climate and in norms for behavior  Building appropriate, trusting relationships between students and staff  Requires a comprehensive, schoolwide effort involving the entire school community

Legal Aspects  Consequences of mishandling bullying and other abusive incidents  Short term suspensions and ISS  Grounds for long-term suspension and expulsion - new law  Reporting and recording

Cyber Bullying

J.C. v. Beverly Hills Unif. Sch. Dist. (Cal.)  8th grade girls talking smack about a peer; uploaded to YouTube  Principal suspended student who uploaded  Court: no disruption to school, no nexus to education, no basis for punishment

Sexting?

Sexting, v: (a combination of sex and texting) is the act of sending sexually explicit messages or photos electronically, primarily between cell phones.

Serious Consequences: Jessica Logan

What is YOUR school protocol?  Report aggressive behavior (dating context or otherwise)  Investigate (DOCUMENT) - Confer with victim alone - Confer with aggressor second  Impose consequences  Communicate with Parents

Changing the Culture  Enhanced supervision in problem areas  As part of classroom/team discipline, discuss bullying, sexting, dating violence  Include consequences

Protective Orders  School is under no obligation to enforce  May wish to review scheduling with alleged victim and alleged perpetrator  Make an independent determination about what is educationally appropriate  Be mindful of Special Education and § 504 obligations

Abusive Student Relationships: Dating Violence, Bullying and Hazing

Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com