Preface
About the Author
Part I: FACT, MYTH AND IMPACT
1. What Bullying Is and What it Is Not
The Perpetrator Enjoys Bullying
Repeated, Systematic Behavior
Piercing the Myths About Bullies and Bullying
Myth #1: Our School Doesn’t Have Bullies
Myth #2: Other Safety Issues are a Bigger Concern for Kids
Myth #3: Schools Should Not Encourage Complaints
Myth #4: Teachers See Everything and Respond When Bullying Takes Place
Myth #5: It’s the Outcasts Who Bully Others
Myth #6: Bullies Appear Tough, but They Are All Actually Anxious and Insecure
Myth #7: The “Class Bully” Is Easy to Identify
Myth #8: It Is Impossible to Catch the Early Warning Signs
Myth #9: There Is No Correlation Between Bullying and Cases of Extreme Violence
Myth #10: Bullying Is Not a Legal Issue, It’s a Character Issue
2. Through the Eyes of the Victim
The Impact of Bullying on Victims
The Effects of Chronic Trauma
Signs and Symptoms That May Indicate a Child Is Being Bullied
Six Powerful Practices for Detecting Bullying and Harassment in Schools
Safe, Responsive Adults Are the Key
Getting Everyone Involved
The Nature and Scope of Anti-Bullying Interventions
Legal Avenues for Effecting Change
3. Social Scheming and TechnoBullying
What Does Relational Bullying Look Like?
The Marvels of Modern Technology
Three-Way Calling Attacks
No Privacy on the Internet
Changing the Adult Response
The Complex Role of the Bystander
Shifting the Dynamic: Training Bystanders
“I’m Afraid to Walk in That Corridor”
Is Your Discipline Code Adequate?
What Does Retaliation Look Like?
Part II: THE LEGAL CONTEXT OF BULLYING
4. Bullying Through a Legal Lens
What Is Administrative Law?
What Is Governmental Immunity?
Where Does Negligence Fit Under the Law?
What Is the Standard of Care in Civil Actions for Negligence?
Under What Conditions May an Individual Be Found Individually Liable?
What Qualifies As “Notice”?
How Does a School Receive Notice?
What Are Deliberate Indifference and Reckless Disregard?
What Is the Difference Between Bias, Prejudice, and Discrimination?
What About Students’ First Amendment Rights?
The First Amendment and Retaliation: A Case in Point
Responsibility for the Behavior of Third Parties
Who Is Considered a Third Party?
Public School Students in Employment Settings
5. When Bullying Is Legally Actionable
The Criterion: Point by Point
Point 1: Is a Protected Classification Involved or Is There Intent to Harm?
Point 2: Is the Behavior Unwelcome or Unwanted?
Point 3: Is the Behavior Severe or Persistent or Pervasive?
Point 4: Does the Behavior Substantially Interfere With the Student's Education?
Point 5: Does the Behavior Meet Both Subjective and Objective Tests Related to Its Level of Interference With Student Education?
Quid Pro Quo Sexual Harassment: An Exception to the Five-Point Criterion
Bullying Policy Highlights
A Cautionary Note: The Importance of Being Strategic
Your Duty to Provide a Save Environment: The Courts Are Speaking
Established Guidelines for Protecting Students
Four Responsibilities Under the Duty to Provide a Safe Learning Environment
PART III: LEGALLY SOUND AND PRINCIPLED-BASED ACTION
6. Daily Practices to Conquer Bullying
And the Complaints Keep Coming…
Power Tools That Build a Positive School Culture
Bullying: Three Levels of Response
Level I Response: Training the Front Line
Level I Response: Documentation
The McGrath SUCCEED System
The McGrath FICA Standard: The Basic Tool
How to Evaluate Facts and Make Decisions
The McGrath FICA Standard
The FACTS: What Happened?
IMPACT: The Harm of What Happened
When Facts and Impact Do Not Correlate
CONTEXT: The Other Factors Surrounding the Situation
Context: The Supreme Court Speaks
Miss Jones Interviews Becky
ACTION: Taking the Logical Next Step
Implementing the FICA Chat Infrastructure
7. Powered By Principles
The "Be" and the "Do" of Conquering Bullying
Why Trust, Respect, Understanding, and Growth?
Context With Understanding
Four Lenses: Structure, Quality, Tone, and Balance
Quality: Be Specific and Factual
Tone: The Relationship Factor
Balance: Working the FICA Formula With Integrity
It’s All About Relationship
The McGrath SUCCEED Levels of Mastery
A Transformational Approach
What It Takes To Be a Partner
Turning the Mirror Inward
The McGrath SUCCEED System as a Guide for Self-Reflection
The Personal Awareness Paradox
Being a Partner: Shared Vision
The Sociopath Next Door: A Notable Exception
No Matter How Mean the Streets
8. A Legally Sound "To Do" List
The Content of Bullying Through the Legal Lens
Initial Intake of Complaints: Preliminary Steps
The Role of the Complaint Manager
Processing Incident Reports From Third Parties
If the Complainant Cannot Read and/or Write English Proficiently
Complaint Intake With Very Young Students
Should You Audiotape the Child’s Answers?
Completing the Conversation With the Complainant
Don’t Be Afraid of Documentation
Deciding Who Investigates
Handing Off a Complaint to an Investigator
First Things First: Eight Preliminary Considerations
1. Take Action on the Complaint Within 24 Hours
2. If Sexual Harassment is Suspected, Use Two Investigators
3. Create a Confidential File
4. Conduct Interviews in a Private Room
5. Review All Pertinent Records
6. Review and Follow All Aplicable Policies, Rules, and Regulations
7. Talk to the Teachers With Whom the Parties Attend Classes
8. Do Not Limit the Investigation to Interviews of the Complainant and Alleged Perpetrator
Informal Versus Formal Resolution
A Working Definition of “Informal”
Informal Does Not Mean Unwritten
An Example of a Level II Matter
When Is Informal Resolution Clearly Inappropriate?
Innocent Until Proven Guilty
But I Know the Kid Is Guilty
9. Creating and Following a Game Plan: Level III Investigation
The Complaint Manager’s Role
Traits of an Investigator
Include All Players in the Game Plan
The Five Phases of an Investigation
Phase One: Gather the Facts
Phase Two: Check for Records of Concern
Phase Three: Evaluate the Testimony and Evidence
Phase Four: Write the Report
Phase Five: Follow-Up Actions By School Officials
Creating a McGrath Case and Report Organizer to Guide the Investigation From Start to Finish
The McGrath Case Report Organizer
10. Conclusion
Part IV: RESOURCES
Resource A: Forms
Complaint of Alleged Bullying or Illegal Harassment
McGrath Investigation Checklist
Resource B: Laws and Policies
Law Case Digest: A Sampler
Sample State Anti-Bullying Legislation
Resource C: Suggested 360-Degree Anti-Bullying Training Plan
Resource D: Glossary
Resource E: Useful Web Sites
Bibliography
Index
