DASA Post-Test [T]

New York State’s Dignity for All Students Act (The Dignity Act) seeks to provide the State’s public elementary and secondary school students with a safe and supportive environment free from discrimination, intimidation, taunting, harassment, and bullying on school property, a school bus and/or at a school function.

The Dignity Act applies only to private schools, BOCES, and charter schools.

Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

Discrimination is the practice of fair treatment of a person or group of people.

Victimized youth are at increased risk for mental health problems such as depression and anxiety, psychosomatic complaints such as headaches, and poor school adjustment.

Youth who bully others are at decreased risk for substance use, academic problems, and violence later in adolescence and adulthood.

Harassment or buying through electronic communication that reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety is considered as Cyberbullying.

Cyberbullying will be defined as harassment or bullying by any form of electronic communication, and include incidents occurring off school property that create or would foreseeably create a risk of substantial disruption within the school environment.

The definition of marginalization is the process of making a group or class of people more important or relegated to a secondary position.

Microaggressions are subtle but offensive comments or actions directed at a minority or other nondominant group that is often unintentional or unconsciously reinforces a stereotype: microaggressions such as “I don’t see you as black.”

It is optional for every school to have one Dignity Coordinator.

Employees must receive training to raise awareness and sensitivity to potential acts of discrimination and/or harassment and to enable employees to prevent and respond to incidents of discrimination and harassment.

According to DASA reporting requirements, the principal, superintendent, or designee must be assigned with receiving reports of harassment or bullying.

The principal, superintendent, or designee must lead or supervise the prompt and thorough investigation of reports.

As a response to verified reports, the school must take prompt actions reasonably calculated to end the harassment, bullying, or discrimination, eliminate any hostile environment, and ensure the safety of the student(s) toward whom harassment, bullying, or discrimination was directed.

Annual public school reports to the State Education Department summarizing all material incidents of discrimination and/or harassment, which occur on school property (including a school bus) and/or at a school function, are required.

Dignity Act Reporting requires that annual reports must include a) incidents that are the result of the investigation of a written or oral complaint made to the school principal or other school administrator responsible for school discipline, or to any other school employee; and b) incidents that are otherwise directly observed by such principal or administrator, or by any other school employee, regardless of whether a complaint is made.

The circle process can be ineffective as both a prevention and intervention strategy.

Schools are encouraged to use a wide range of intervention measures to address discrimination and/or harassment, including, where appropriate, restorative practices, conflict resolution, peer-mediation, and counseling, rather than over-relying on exclusionary methods of discipline, such as suspension.

See instances of wrongdoing and conflict as an opportunity for learning. Turn negative incidents into constructive ones by building empathy and a sense of community.

• Jury Verdict: $1.25 million, reduced by judge to $1 million.
• Basic Facts: Bi-racial student experienced severe and pervasive racist bullying. Although the school district disciplined bullies and offered optional sensitivity training sessions, the appeals court held that there was sufficient evidence for the jury to conclude that the school district should have done more to stop the serious and sometimes life-threatening harassment. The plaintiff endured racially derogatory graffiti, threats to his life, and physical assaults. At one point, bullies showed him a noose and threatened to take him to a tree for a hanging.

True or False: Parents should be offered more optional sensitivity training.

• Settlement: $300,000.
• Basic Facts: Trinidadian Muslim junior high school student was physically harassed and assaulted for being a “terrorist” and “taking people’s jobs.” Primarily bullied by four students for one to two years. Boy left school system and was home schooled. The aggressors were found guilty of hate crimes in juvenile court proceedings.

True or False: School Administrators should reinforce school values, clearly define unacceptable behavior and consequences, and empower bystanders.

• Jury Verdict: $195,000.
• Basic Facts: Boy was physically and verbally harassed over a three-year period in elementary school. The school placed him and the bully in the same fifth grade class, even after the victim’s mother requested that the school separate them. During a game of handball, the bully caused the boy to fall and break one wrist and sprain the other. The boy withdrew from school after that incident, as the school took no action to protect him after repeated complaints by his mother.

True or False: Parents may contact the Title H Coordinator to submit a formal complaint if the school fails to address the reported abuse.

• Settlement: Undisclosed amount.
• Harassment/Injuries: Physical and verbal anti-gay harassment.
• Single Plaintiff.
• Basic Facts: Plaintiff endured severe and ongoing verbal and physical anti-gay harassment over the course of five years that ultimately cause him to drop out of school.
• Cause of Action: Claim under Title IX for deliberate indifference to peer-on-peer harassment.

True or False: Teachers and school staff must take prompt and appropriate action when any form of bullying occurs. Inaction may result in the escalation and spread of bullying behaviors.

• Settlement: Undisclosed amount.
• Basic Facts: Family of Caucasian high school student with disability sued school district for inadequately addressing their son’s claims of racial harassment as a “minority” in a predominantly Hispanic and black school. The student was subjected to racial remarks, taunts, epitaphs, episodes of spitting, and physical assaults inflicted by non-Caucasian students. The school district refused the family’s request to place their son in a private school that would accommodate his disabilities.

True or False: Teachers should engage in discussions about bullying with colleagues as a group to improve the ability to monitor the school environment. These discussions should cover both general bullying issues and specific concerns regarding individual students.