School Anti-Bullying Laws: Arkansas Needs to Protect Kids

Why do we need federal laws to make bullying a crime and to require schools to have anti-bullying policies? The saga of Billy Wolfe should be enough to convince you.  Over a year ago, the New York Times reported that Billy was being bullied relentlessly by two bigger guys from his high school in Fayetteville, Arkansas.  He was beaten up in a bathroom at school and on the school bus and in shop class and in Spanish class.  The bullies put up a Facebook page harassing him.  A brother of one of the bullies even recorded on his cell phone camera, the bully getting out of a car, walking up to an unsuspecting Billy, who was waiting at a bus stop, punching him hard enough to leave a fist-size welt on his forehead and then showing the video around the school.

The authorities did nothing while the violence and brutality went on for three years.  Billy’s parents tried to get the bully’s parents and the school authorities to stop the bullying but the assistant principal, Byron Lynn Zeigler, did nothing to stop it.

Oh, he said it was Billy’s fault and immediately suspended him.  He blamed the victim.  Days later Ziegler watched the recording and showed Billy’s parents that their son was innocent.  But he didn’t stop the bullies.

Billy’s parents finally went to court.  After almost a year, the court has ruled on whether to keep considering the motions on behalf of Billy.

Why do Billy and his parents need laws?   Why do we need to require schools to have anti-bullying policies?

According to the story by Scott F. Davis in the Northwest Arkansas Times, although the court kept intact many of the charges, it ruled that the plaintiffs (Billy and his parents) failed to show that the school had an official policy that led to the alleged problems surrounding bullying.

Let’s put that in simple English.  Assistant principal Ziegler argued that since the school didn’t have an official policy supporting bullying, it wasn’t the school’s fault that bullying occurred on school premises and they can’t be held liable for the bullying.  Also, since the school didn’t have official anti-bullying policies, Ziegler didn’t have to stop the bullying; even that part of the bullying that occurred on school grounds.  The court agreed.

Because there are no laws specifically about bullying and beating kids up, Billy’s parents had to try to use laws that are on the books against sexual harassment.

Now do you understand the need for laws that would require administrators to take proactive measures to prevent bullying on school grounds and also laws that would require administrators to stop bullying that’s brought to their attention?

The teenagers at school all knew what was going on.  They saw the cell phone video.  They knew that the legitimate authorities had turned their backs and given the bullies a free hand.  When the responsible authorities allow bullies to control the turf, they allow violence and scapegoating, harassment and brutality.

Billy may have tried to fight back, but that doesn’t make him the problem.  That just makes him one child against two bigger kids.  And with the size disparity that often happens in middle school and high school, he can’t win without adult help.  When his parents went to the school, way back at the beginning when it was only threats, the district wouldn’t act.

I’m sensitive to principals that don’t protect the victims because I’m from Denver.  Remember Columbine High School.

Of course, the bullies’ parents are to blame for allowing their sons to act that way.  But when schools tolerate bullying, the real problems are the administrators (principals and assistants) and teachers.

Have those ignorant, cowardly principals in Fayetteville not learned anything.  There are many schools in the country which don’t tolerate bullying because the principals won’t tolerate it and, therefore, their teachers and staff won’t either.  And the successful ones have no better statutes to back them.  However, they do have consciences.

Whatever the court decides on the basis of law; shame on those adults.  They have shamed themselves and their community.  They are definitely not models who should be allowed to teach or administer for children.

On an individual basis, parents must teach children how to face the real world in which they’ll meet bullies all their lives, even if the children are small and outnumbered.  That’s independent of the type of bullying – cyber bullying, physical bullying or verbal harassment or abuse.  Help your children get out of their previous comfort zones and stop bullies.

True bullies will take empathy, kindness and tolerance as weakness.  They’ll think we’re easy prey.  It will encourage them, like sharks, to attack us more.  Bullies will show you how far you need to go to stop them.

Read “Parenting Bully-Proof Kids.”  Get coaching to design tactics that fit your specific situation.  Take charge of your personal space.

Rules to curb online bullying raise concerns

In his article for MSNBC, “Rules to curb online bullying raise concerns,” Alex Johnson discusses the need for laws to prevent cyberbullying and also details situations in which schools can overreact in the enforcement of those rules.  The case of teenager Avery Doninger is particularly glaring. The underlying thrust of the article is the need to create exactly the right laws that will give the right result in every situation.  Situations like the cyberbullying suicide case last year make good laws critical.

The real problem is not necessarily the law; it’s the hidden assumption that cyberbullying laws can ever be made “just right” for all situations – never too lax, never too harsh.  That assumption overlooks history and human nature.  The letter of the law can never cover all situations with “just right” justice.  We always depend on human wisdom in the law’s application to specific situations.  That’s just the way it is – for better or for worse.

Our society is in the stage of figuring out where we want to draw the lines about a new method, cyberbullying, that bullies and perpetrators use to harass, abuse and attack adults and children.  That’s our normal trial and error process.  There’s no easy answer for protecting kids online. Actually, we make laws in hopes that they’ll yield justice in, say, 95% of the cases that come up.  No matter what laws we make in any area of life, there will be specific situations in which a literal or dumb interpretation leads to an under or over-reaction.  That’s where we hope the individuals involved use good sense and good judgment.

In the case of Avery Doninger, the real question is: Is the law bad or did the school principal get defensive and over-react by not giving a second chance to a good and contrite student who learned an important lesson or is there more we don’t know about Avery?

We’re stuck with the fact that laws, by themselves, will never cover every situation, no matter where we draw the lines; whether it’s about cyberbullies, verbal bullies or physical bullies. I look carefully at the application of any law in a specific situation before rushing in to change the law.  Often the problem is in the application, not in the law itself.  That’s why we have Appeals Courts.

Separate from the general laws are the specific situations involving my kids and your kids (and adults).  My job is to monitor my children:

• Do they look like they’re having a hard time and may be being attacked by a cyberbully?  Are they having difficulty dealing with it?  How can I help them deal with it by themselves or do I need to intervene?
• Are they witnessing cyberbullying and are they struggling to know whether or how to intervene?
• Are they creating a hard time for someone else (are they cyberbullies)?  How do I stop them and help them develop the character to make amends and do better next time?
• Should they even be using MySpace or FaceBook or any social networking sites?  What else would be a better use of their time and energy?

I’m going to get my answers to those questions by observing them, talking to them and, maybe, using good software like PC Pandora to monitor what they’re doing (http://blog.pcpandora.com/2009/01/29/do-new-cyberbullying-laws-go-to-far/).

Cyberbullies and cyberbullying will be with us no matter what laws we make.  We hope the laws will help us deal effectively with most of them.

As I show in my books and CDs of case studies, “How to Stop Bullies in their Tracks” and “Parenting Bully-Proof Kids,” bullies are not all the same, but their patterns of behavior, their tactics, are the same.  That’s why we can find methods to stop most of them.  If we don’t stop bullies, they’ll think we’re easy prey.  Like sharks, they’ll just go after us more.

When children and teens learn how to stop bullies in their tracks, they develop strength of character, determination, resilience and skill.  They’ll need these qualities to succeed against the real world bullies they’ll face as adults. Coaching designed for the specific situations faced by individual parents and teenagers is critical.

Teacher manipulated by ‘professional victim’, a stealth bully

This post is based on the following comment: WOW!!!  I was amazed to find your post, "How do you know if someone is your friend?" right when I needed it most.  I now know what category my daughter's best friend falls under.  My daughter has gone through MOST of the examples that were used in this post with her friend for over 3 years and because there is no hitting involved...it was hard to really label what was going on.  But terming her a "Stealth Bully" is perfect!! I actually can't believe how on target your examples were; they’re so close to what my daughter has been experiencing with a person who was supposed to be her friend.  Just recently, she finally told her supposed friend that she is going to take a break from their relationship because the friend won't stop her negative behavior.  The supposed friend had a fit at school (uncontrollable crying) and got sympathy from other students.  She told everyone my daughter was bullying her and she didn't know why my daughter won't be her friend anymore.  Her supposed friend also manipulated the teacher by breaking out into tears in the classroom and telling the teacher that she has no idea why she is being ignored.

The teacher yelled at my daughter and told her that she will not tolerate any bullying in her class.  My daughter had no chance to explain her side and is devastated at how this has blown up in her face when she is not the bully.

Tears are a very strong weapon when used by manipulative, professional victim children.  I am coaching my daughter now what to say to the teacher because I want her to learn how to stand up for her rights in a respectful way.  I am going to show her your post so that she can understand more what is going on here.  Hopefully this will make her feel better, although right now she feels everyone is on her friend’s side.  Thanks for the post!

**********

Hi,

I’m glad you found the post and that it helped.

Taking what you said as accurate and true, you and your daughter have run into a common manipulative, stealthy bullying tactic.

When someone (your daughter’s supposed friend) cries, most people assume that someone else (your daughter) must have done something bad and should be stopped.  Most people react to their assumptions and attack the designated perpetrator (your daughter).  Your daughter got labeled unfairly and without being allowed to present her side.  Also, the teacher didn’t judge by character, because bullies like your daughter’s supposed friend usually manipulate the same way repeatedly.  They can be recognized by their repeating pattern of behavior – that’s how the get what they want.  And I’d suspect that your daughter doesn’t have a pattern of bullying or abusing her friends.  Shame on that teacher for jumping to conclusions, supporting the bully and blaming the true victim.

A person who uses the crying, victim tactic repeatedly is a special type of manipulative, stealth bully that I call “Professional Victims.”  Your daughter has been victimized by a person using their hurt feelings to gain power and control; a sneaky professional victim.  We often see this between brothers and sisters who want to manipulate their parents.

You’re on the right track coaching your daughter how to stand up for herself.  However, since I suspect that she’s younger than high school age, and since adults sometimes won’t admit error in front of children, you also may need to talk with the teacher and the principal to make your daughter’s case.  Gather evidence, if you can, of other times when the supposed friend has used the same sort of tactics that depend on her feelings being hurt.

Maybe they also need a copy of the original blog post and my book, “How to Stop Bullies in their Tracks.”  My next book, “Parenting Bully-Proof Kids” and a 10 disc CD set containing both books should be out right after Thanksgiving.

Of course, the professional victim is not really a friend of your daughter’s.  Professional victims are selfish, vicious, ruthless control-freaks.  They try to manipulate authorities to defend them and to punish people they’re trying to beat into line.

Your daughter is now testing everyone at school.  She should make her case and then see who is foolish enough to believe the false friend.  Your daughter doesn’t really want to be friends with people who don’t recognize her good character, as opposed to the professional victim’s.  Your daughter may find out that no one at school sees clearly.  Well, now she knows about them.  Be resilient.  Move on and get better friends when she moves up to the next school.  She simply won’t be going to reunions with those people.  No great loss.

I know that may sound difficult if she wants to gain acceptance by a peer group.  But part of her job in life is to test the whole world and keep on her island only the people who see her worth and whom she likes.

Good luck and best wishes.

Repeated bullying tolerated by school officials

What would you do if you were the principal of a school in which a boy’s brother records on his cell phone camera the boy getting out of the car, walking up to an unsuspecting Billy Wolfe waiting at a bus stop, punching him hard enough to leave a fist-size welt on his forehead and then showing the video around the school? What would you do when Billy gets beaten up in the bathroom or on the school bus or in shop class or in Spanish class or has a harassing facebook page directed at him?  What would you do if that violence and brutality went on for three years?

What would you do if you were the parents of the bullies?

In his column in the New York Times, “A Boy the Bullies Love to Beat Up, Repeatedly,” Dan Barry documents what really was done.  In Fayetteville, Arkansas, the authorities did nothing at all or nothing effective.  Mostly, they said it was Billy’s fault.  They blamed the victim.  The school bus incident was on tape but the Principal suspended Billy and only days later watched the tape and showed Billy’s parents that their son was innocent.

Because the authorities and administrators didn’t stop the bullies, it went on three years and it’s still going on now.

Of course, the school district mouths platitudes about a program to promote tolerance and respect, and protecting the identity of the perpetrators.  They try to convert bullies, but they don’t stop bullies first.  The district doesn’t want to get sued.  That seems more important than doing anything effective.  Maybe they’ll do something if Billy’s parents sue the district.

The kids at school all know what’s going on.  They know that the legitimate authorities have turned their backs and given the bullies a free hand.  When the responsible authorities allow bullies to control the turf, they allow violence and scape-goating, harassment and brutality.

Billy may have tried to fight back, but that doesn’t make him the problem.  That just makes him one child against a gang.  And with the size disparity that often happens in middle school and high school, he can’t win without adult help.  When his parents went to the schools, way back at the beginning when it was only threats, the district wouldn’t act.

Billy needs to be extremely resilient in order to graduate and create a better life for himself.  Otherwise he might end up like the cyberbullying suicide case that was in the news a while ago.

I’m sensitive to principals that don’t protect the victims because I’m from Denver.  Remember Columbine High School.  Have those ignorant, cowardly principals in Fayetteville not learned anything.  There are many schools in the country in which bullying isn’t tolerated because the principals won’t tolerate it and, therefore, their teachers and staff won’t either.  And they’re bound by the same laws as in Fayetteville.

Shame on those adults.  They have shamed their community.

If I was Billy’s coach, I’d encourage him to stay strong on the inside and keep fighting, no matter what happens on the outside.  Have the grit to thrive despite adults who fail!

Teenage student harassed, bullied and beaten, but none of the adults at school protected him.

According to numerous reports, a teenager was bullied at West Middle School in metro Denver.  The boy had pencils, markers and a calculator taken; he was called fat; he was called “gay” because he was involved in musical theater; because he was from musical theater, he was called a “Nazi.”  Eventually, he tried fighting back against his tormentors.  But he wasn’t big or strong enough and was beaten severely.  He suffered a broken collar bone and head injury.  The published picture of him is self-evident.  Now that the case has become public, the community is in an uproar and the Cherry Creek School District has responded by expelling the bully.  The bullied boy has reported that the bully threatened to beat him more when he returns.  Three other students, who also threatened to beat up the victim, have been required to sign contracts that they won’t harass the boy.  That’s nice of the school district to go that far. Of course the legal wrangling will go on for a long time.

There’s so much to say about this example of hostility, abuse and brutality.  I want to comment on only a few areas.

The adults failed.  Whether they blame the legal system or say they didn’t know; they failed. Since the severe beating happened at the end of November, don’t you think that every student in school knew what was happening? 

The parents of the bully and his collaborators failed.  They are supposed to know their children’s character and to stop their children’s bullying.

The teachers failed.  They are supposed to know who torments, abuses and bully’s another student and they are supposed to stop it.  They allowed a hostile, abusive environment to continue.  If the typical educational approaches don’t work rapidly, they are supposed to intervene in other ways.

The principal failed.  The principal is supposed to set a tone of zero tolerance.  The principal is supposed to be courageous enough to cut through the legal red tape and somehow stop bullies.  If the teachers don’t stop it, the principal is supposed to stop it and then get rid of those cowardly and/or ignorant teachers.  The worst beating happened at the end of November and the principal did nothing effective for three months until the story became public.

The administrators in the school district failed.  The administrators are supposed to be courageous enough to cut through the legal red tape and somehow stop bullying.  If the principal doesn’t stop it, the school district administrators are supposed to step in and then get rid of that cowardly and/or ignorant principal.  The worst beating happened at the end of November and the district administrators did nothing effective for three months until the story became public.

How can we hold up these teachers, principal and school district administrators as models for children?  They have failed as models.  Despite, or maybe because of, their colleges and universities, their degrees and certifications, their possible expertise in some course matter, they have shown themselves to be ignorant or cowardly or inept or all three.  They have failed the public trust and are unfit to be teachers, principal or administrators.

They should not be allowed to hide behind a poor legal system.  We all know that there are schools in the most violent locations in which courageous administrators, principals and teachers bullying.  And they do it in the face of the same.

The 14 year-old boy who was bullied has shown himself to be courageous.  He has succeeded.  At first he did what we all try to do.  We try accommodating in hopes that the bully will move on.  We ask bullies to stop; we take the bullying; we try to understand what lousy home lives we think bullies must have; we try to rise above it.  These tactics may stop many kids who are temporarily trying on bullying to see what it feels like, but those tactics don’t stop dedicated, relentless bullies.  They are not effective for teaching children to stop bullies at school.

Eventually that boy fought.  I say he succeeded because, even though he was severely beaten he did what was necessary to try to stop his tormentors.  He lost the fight but he emerges as the one person who is not a coward in this affair.  He can hold his head up high all his life.  He can keep his self-esteem.  He can judge the adults as cowards and failures.  I hope he is resilient enough to bounce back  and continues to resist to bullies the rest of his life.  I hope that when he becomes an adult with more choices, he creates a personal life that is bully-free.  Sometimes, a tormented teen can fight back and win – as in the case of the “Teen acquitted in punch.”

Of course, bullies will always exist .  America is not unique, nor are we the worst people in the world.  We are outraged and we will try to make better systems.  And more important, we still must train , seek and hire people who can act effectively, no matter how poor the system is at any moment.  And we must educate and prepare individuals to be as courageous as that 14 year-old boy.

Among other places, this story was carried by the Denver Post (Bullies called teen “Nazi” and “gay”), 9news (Student says he was bullied, beaten because he’s German), the Denver Channel News (Boy: School Bullies Harassed Him Because Of German Ancestry) and the Denver Post Neighbors Forum (Article Discussion: Cherry Creek teen may face bully in court).