Student Bullying/Discipline
1. Abstract
According to the Illinois Legal Aid Online (2018) Bullying can be understood as the aggressive and unwanted traits espoused by school going children. The traits entail some perceived or real power imbalance. Some of the students will use this power (such as their physical strength, popularity, access to privileged information) to harm, blackmail or harm other students. This behavior has to be repeated or have the potential of being repeated for it to qualify as bullying (Illinois Legal Aid Online, 2018). This paper explores a bullying scenario and maps out a strategy to alleviate bullying among students. In doing so the paper quotes three cases (i.e. Goss v. Lopez, Tinker v. Des Moines Independent Community School District, and New Jersey v. T.L.O). The rulings in these cases will be used to delineate the process of investigation, disciplining of bullies and bullying prevention measures. The paper also gives recommendations on how to handle bullying cases based on the law and school discipline.
Goss v. Lopez
Tinker v. Des Moines Independent Community School District
New Jersey v. T.L.O
2. Introduction
The bullying action has the characteristic of; causing another student to have the fear of being harmed personally or getting the belongings damaged, mental or physical harm, negative impact on the victim’s class participation and grades, and negative impact on the student’s ability or willingness to participate actively at school. Bullying can include threats, harassment, stalking, slander, intimidation, theft, physical violence, property destruction, public humiliation (This is what happened to Danielle in the stated scenario), sexual violence or harassment etc.
The place, the manner and the time the actions are executed are important aspects that will determine if the action qualifies as bullying. Schools in Illinois have to take immediate action if a bullying situation occurs in one or several of these circumstances.
· During an activity or educational program that is sponsored by the school
· Within the premises of the school, on school vehicle, school bus, at a bus stop that is designated for the school bus to stop as the students wait to be picked up, or at activities or events that have been sanctioned by the school
· Through dissemination of information from an electronic device or computer that does not belong to the school but whose impact causes substantial school disruptions
· Through dissemination of information from an electronic device or computer, network belonging to the school (Illinois Legal Aid Online, 2018)
Schools have to prevent bullying immediately because it makes the culture and climate of the school unsafe and violent. Harassment derails the focus of students from learning as well. Through bullying the victimized students can suffer emotional and mental health problems that will negatively impact on the academic performance. Some of the steps that schools must institute in the interest of alleviating bullying include: establishing and enforcing rules against bullying, Ensuring that guardians and students are aware of the rules against bullying, having assigned school staff to handle bullying cases, providing parents and students with contact information...
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