Showing posts with label bullying. Show all posts
Showing posts with label bullying. Show all posts

Monday, December 13, 2010

"Supportive Families, Healthy Children" - Free Booklet!

Last month, the Journal of Child and Adolescent Psychiatric Nursing featured an article "Family Acceptance in Adolescence and the Health of LGBT Young Adults." This study determined that positive and accepting family attitudes and behaviors towards LGBT children significantly increase their overall health in adulthood.

(Not exactly a newsflash, but it does provide solid, peer-reviewed data to support a bit of common-sense that many people still don't get. It's still not an uncommon event for kids to be completely rejected by homophobic parents. It's a cliche, but it's also an ongoing tragedy.)

The study shows that specific parental and caregiver behaviors, e.g., advocating for children when they are mistreated for being gay or supporting their gender expression, protect against depression, substance abuse, suicidal thoughts, and suicide attempts in early adulthood. In addition, LGBT youth with highly accepting families have significantly higher levels of self-esteem and social support in young adulthood.

Findings include:
  • Family accepting behaviors towards LGBT youth during adolescence protect against suicide, depression, and substance abuse.
  • LGBT young adults who reported high levels of family acceptance during adolescence had significantly higher levels of self-esteem, social support, and general health, compared to peers with low levels of family acceptance.
  • LGBT young adults who reported low levels of family acceptance during adolescence were over three times more likely to have suicidal thoughts and to report suicide attempts, compared to those with high levels of family acceptance.
  • High religious involvement in families was strongly associated with low acceptance of LGBT children.
Results of the research are being translated into practical tools for parents by the study's author, Dr. Caitlin Ryan, and her team at the Family Acceptance Project in collaboration with Child and Adolescent Services at the University of California, San Francisco, with funding from the Robert Wood Johnson Foundation.

They use a behavioral approach to help ethnically and religiously diverse families decrease rejection and increase support for their LGBT children to reduce risk for suicide, depression, substance abuse, and HIV, to promote well-being, and to prevent homelessness and placement in custodial care. This work is being conducted in English, Spanish, and Chinese with families from all ethnic backgrounds, including immigrant and very low income families, and those whose children are out-of-home in foster care and juvenile justice facilities.

To download a copy of their booklet, just go here and enter your e-mail address and zip code (which they'll use to track where their materials are used and ask for any feedback on the booklet):
"Supportive Families, Healthy Children."

Wednesday, December 8, 2010

LGB Teens Bullied More ... By Schools, Police, and Courts

You know that LGBT teens are more likely to be the victims of bullying in schools, but did you know that they are more likely to be bullied by schools, as well as by police and courts? (Note: The specific data only documents LGB kids, but it's reasonable to extend the findings to T folks, too.)

It's true! And this information comes from a couple of highly credible sources: The data is from a Yale University study published in the January 2011 issue of the journal Pediatrics. from the American Academy of Pediatrics.

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Lesbian, Gay and Bisexual Teens Singled Out for Punishment

Lesbian, gay and bisexual (LGB) adolescents are about 40 percent more likely than other teens to be punished by school authorities, police and the courts, according to a study by Yale University researchers. Published in the January 2011 issue of the journal Pediatrics, the study is the first to document excessive punishment of LGB youth nationwide.

“We found that virtually all types of punishment—including school expulsions, arrests, juvenile convictions, adult convictions and especially police stops—were more frequently meted out to LGB youth,” said lead author Kathryn Himmelstein, who initiated the study while she was a Yale undergraduate. The research was supervised by Hannah Brueckner, professor of sociology and co-director of the Center for Research on Inequalities and the Life Course at Yale.

The study was based on the National Longitudinal Study of Adolescent Health (Add Health) and included about 15,000 middle and high school students who were followed for seven years into early adulthood. The study collected details on participants’ sexuality, including feelings of sexual attraction, sexual relationships and self-labeling as LGB. Add Health also surveyed participants about how frequently they engaged in a variety of misbehaviors, ranging in severity from lying to parents, to using a weapon. Add Health included detailed questions about school expulsions and contacts with the criminal justice system.

Himmelstein, who now teaches math at a public high school in New York City, said that adolescents who identified themselves as LGB were about 50 percent more likely to be stopped by police than other teenagers. Teens who reported feelings of attraction to members of the same sex, regardless of their self-identification, were more likely than other teens to be expelled from school or convicted of crimes as adults.

“Girls who labeled themselves as lesbian or bisexual were especially at risk for unequal treatment,” said Himmelstein. “They reported experiencing twice as many police stops, arrests and convictions as other girls who had engaged in similar behavior. Although we did not explore the experiences of transgender youth, anecdotal reports suggest that they are similarly at risk for excessive punishment.”

The study showed that these disparities in punishments are not explained by differences in the rates of misbehavior. In fact, the study showed that adolescents who identified themselves as LGB actually engaged in less violence than their peers.

“The painful, even lethal bullying that LGB youth suffer at the hands of their peers has been highlighted by recent tragic events,” Himmelstein notes. “Our numbers suggest that school officials, police and judges, who should be protecting LGB youth, are instead singling them out for punishment based on their sexual orientation. LGB teens can’t thrive if adults single them out for punishment because of their sexual orientation.”

Brueckner added, “The study provides the first and only national estimates for over-representation of LGB youth in the criminal justice system. We simply did not have any good numbers on this before. We need more research on the processes that lead to this to help us identify ways to make our institutions more equitable with respect to policing all youth, regardless of race, gender, or sexual orientation.”

Citation: Pediatrics Vol. 127, 1 (January 1, 2011)

By Karen N. Peart

PRESS CONTACT: Karen N. Peart 203-432-1326

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Wednesday, December 1, 2010

Great Hate: Anti-LGBT Violence Tops Bias Crimes. Also, Big Homophobes Classified As Official Hate Groups

Both the FBI and the Southern Poverty Law Study recently released data on hate crimes for last year.

The Southern Poverty Law Center reported that gays are far more likely to be victims of violent hate crime than any other minority group. Its conclusion are based on 14 years of FBI hate crime data covering 1995-2008.

The center said that gays or those perceived to be gay are:
  • more than twice as likely to be attacked in a violent hate crime as Jews or blacks
  • more than four times as likely as Muslims
  • 14 times more likely as Latinos.
The FBI's data is here. The FBI notes that "The Matthew Shepard and James Byrd, Jr., Hate Crime Prevention Act adds two new categories to our list of biases — actual or perceived gender and gender identity. Our Uniform Crime Reporting Program staff continues to work toward expanding its training for state and local law enforcement on reporting these new categories of biases, and then on incorporating them into our future publications."

In other words, they'll have much more comprehensive and accurate data on anti-gay hate crimes going forward. Still, even before being mandated to collect this data, they found anti-gay crimes to be 18% of all hate crimes (and again, this was before they were actively collecting this data). Of anti-LGBT bias crimes, the vast majority were motivated by bias specifically against gay males.

In other related news, the Southern Poverty Law Center, a long-respected authority on hate groups in America, has added some big homophobic names to their official list of hate groups.

These are noted for "their propagation of known falsehoods — claims about LGBT people that have been thoroughly discredited by scientific authorities — and repeated, groundless name-calling." Just being anti-gay isn't enough hate groups have to be known to actively and maliciously lie and distort the truth.

Take a look at some of these newly-classified folks. These big names have long tried to argue that they're not about hate, but with their new hate status, they can no longer even pretend to be about anything more than bigotry. They include:
  • American Family Association
  • Concerned Women for America
  • Family Research Council
  • Family Research Institute
  • Liberty Counsel (affiliate of Liberty University Law School)
  • National Organization for Marriage
  • Traditional Values Coalition
Take a look at the full list of 18 antigay bigoted intuitions and specific reasons for this classification.

It's good to know where information comes from, as well as who can be trusted, and in this case, 18 groups who simply cannot. Lies can be repeated, but the truth does ultimately out. We gays now have pride, and those homophobes now have, officially, shame.

Wednesday, October 27, 2010

Department of Education on Bullying

Yesterday the U.S. Department of Education issued guidance to support educators in combating bullying in schools by clarifying when student bullying may violate federal education anti-discrimination laws. The guidance makes clear that while current laws enforced by the department do not protect against harassment based on religion or sexual orientation, they do include protection against harassment of members of religious groups based on shared ethnic characteristics as well as gender and sexual harassment of gay, lesbian, bisexual, and transgender individuals.

Here's a copy of the Dear Colleague Letter:
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Dear Colleague Letter
download files PDF (296K)
Fact Sheet download files PDF (117K)

October 26, 2010

Dear Colleague:

In recent years, many state departments of education and local school districts have taken steps to reduce bullying in schools. The U.S. Department of Education (Department) fully supports these efforts. Bullying fosters a climate of fear and disrespect that can seriously impair the physical and psychological health of its victims and create conditions that negatively affect learning, thereby undermining the ability of students to achieve their full potential. The movement to adopt anti-bullying policies reflects schools’ appreciation of their important responsibility to maintain a safe learning environment for all students. I am writing to remind you, however, that some student misconduct that falls under a school’s anti-bullying policy also may trigger responsibilities under one or more of the federal antidiscrimination laws enforced by the Department’s Office for Civil Rights (OCR). As discussed in more detail below, by limiting its response to a specific application of its anti-bullying disciplinary policy, a school may fail to properly consider whether the student misconduct also results in discriminatory harassment.

The statutes that OCR enforces include Title VI of the Civil Rights Act of 19641 (Title VI), which prohibits discrimination on the basis of race, color, or national origin; Title IX of the Education Amendments of 19722 (Title IX), which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 19733 (Section 504); and Title II of the Americans with Disabilities Act of 19904 (Title II). Section 504 and Title II prohibit discrimination on the basis of disability.5 School districts may violate these civil rights statutes and the Department’s implementing regulations when peer harassment based on race, color, national origin, sex, or disability is sufficiently serious that it creates a hostile environment and such harassment is encouraged, tolerated, not adequately addressed, or ignored by school employees.6 School personnel who understand their legal obligations to address harassment under these laws are in the best position to prevent it from occurring and to respond appropriately when it does. Although this letter focuses on the elementary and secondary school context, the legal principles also apply to postsecondary institutions covered by the laws and regulations enforced by OCR.

Some school anti-bullying policies already may list classes or traits on which bases bullying or harassment is specifically prohibited. Indeed, many schools have adopted anti-bullying policies that go beyond prohibiting bullying on the basis of traits expressly protected by the federal civil

1 42 U.S.C. § 2000d et seq.
2 20 U.S.C. § 1681 et seq.
3 29 U.S.C. § 794.
4 42 U.S.C. § 12131 et seq.
5 OCR also enforces the Age Discrimination Act of 1975, 42 U.S.C. § 6101 et seq., and the Boy Scouts of America Equal Access Act, 20 U.S.C. § 7905. This letter does not specifically address those statutes.
6 The Department’s regulations implementing these statutes are in 34 C.F.R. parts 100, 104, and 106. Under these federal civil rights laws and regulations, students are protected from harassment by school employees, other students, and third parties. This guidance focuses on peer harassment, and articulates the legal standards that apply in administrative enforcement and in court cases where plaintiffs are seeking injunctive relief.


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rights laws enforced by OCR—race, color, national origin, sex, and disability—to include such bases as sexual orientation and religion. While this letter concerns your legal obligations under the laws enforced by OCR, other federal, state, and local laws impose additional obligations on schools.7 And, of course, even when bullying or harassment is not a civil rights violation, schools should still seek to prevent it in order to protect students from the physical and emotional harms that it may cause.

Harassing conduct may take many forms, including verbal acts and name-calling; graphic and written statements, which may include use of cell phones or the Internet; or other conduct that may be physically threatening, harmful, or humiliating. Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents. Harassment creates a hostile environment when the conduct is sufficiently severe, pervasive, or persistent so as to interfere with or limit a student’s ability to participate in or benefit from the services, activities, or opportunities offered by a school. When such harassment is based on race, color, national origin, sex, or disability, it violates the civil rights laws that OCR enforces.8

A school is responsible for addressing harassment incidents about which it knows or reasonably should have known.9 In some situations, harassment may be in plain sight, widespread, or well-known to students and staff, such as harassment occurring in hallways, during academic or physical education classes, during extracurricular activities, at recess, on a school bus, or through graffiti in public areas. In these cases, the obvious signs of the harassment are sufficient to put the school on notice. In other situations, the school may become aware of misconduct, triggering an investigation that could lead to the discovery of additional incidents that, taken together, may constitute a hostile environment. In all cases, schools should have well-publicized policies prohibiting harassment and procedures for reporting and resolving complaints that will alert the school to incidents of harassment.10

When responding to harassment, a school must take immediate and appropriate action to investigate or otherwise determine what occurred. The specific steps in a school’s investigation will vary depending upon the nature of the allegations, the source of the complaint, the age of the student or students involved, the size and administrative structure of the school, and other factors. In all cases, however, the inquiry should be prompt, thorough, and impartial.

If an investigation reveals that discriminatory harassment has occurred, a school must take prompt and effective steps reasonably calculated to end the harassment, eliminate any hostile

7 For instance, the U.S. Department of Justice (DOJ) has jurisdiction over Title IV of the Civil Rights Act of 1964, 42 U.S.C. § 2000c (Title IV), which prohibits discrimination on the basis of race, color, sex, religion, or national origin by public elementary and secondary schools and public institutions of higher learning. State laws also provide additional civil rights protections, so districts should review these statutes to determine what protections they afford (e.g., some state laws specifically prohibit discrimination on the basis of sexual orientation).
8 Some conduct alleged to be harassment may implicate the First Amendment rights to free speech or expression. For more information on the First Amendment’s application to harassment, see the discussions in OCR’s Dear Colleague Letter: First Amendment (July 28, 2003), available at http://www.ed.gov/about/offices/list/ocr/firstamend.html, and OCR’s Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties (Jan. 19, 2001) (Sexual Harassment Guidance), available at http://www.ed.gov/about/offices/list/ocr/docs/shguide.html.
9 A school has notice of harassment if a responsible employee knew, or in the exercise of reasonable care should have known, about the harassment. For a discussion of what a “responsible employee” is, see OCR’s Sexual Harassment Guidance.
10 Districts must adopt and publish grievance procedures providing for prompt and equitable resolution of student and employee sex and disability discrimination complaints, and must notify students, parents, employees, applicants, and other interested parties that the district does not discriminate on the basis of sex or disability. See 28 C.F.R. § 35.106; 28 C.F.R. § 35.107(b); 34 C.F.R. § 104.7(b); 34 C.F.R. § 104.8; 34 C.F.R. § 106.8(b); 34 C.F.R. § 106.9.


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environment and its effects, and prevent the harassment from recurring. These duties are a school’s responsibility even if the misconduct also is covered by an anti-bullying policy, and regardless of whether a student has complained, asked the school to take action, or identified the harassment as a form of discrimination.

Appropriate steps to end harassment may include separating the accused harasser and the target, providing counseling for the target and/or harasser, or taking disciplinary action against the harasser. These steps should not penalize the student who was harassed. For example, any separation of the target from an alleged harasser should be designed to minimize the burden on the target’s educational program (e.g., not requiring the target to change his or her class schedule).

In addition, depending on the extent of the harassment, the school may need to provide training or other interventions not only for the perpetrators, but also for the larger school community, to ensure that all students, their families, and school staff can recognize harassment if it recurs and know how to respond. A school also may be required to provide additional services to the student who was harassed in order to address the effects of the harassment, particularly if the school initially delays in responding or responds inappropriately or inadequately to information about harassment. An effective response also may need to include the issuance of new policies against harassment and new procedures by which students, parents, and employees may report allegations of harassment (or wide dissemination of existing policies and procedures), as well as wide distribution of the contact information for the district’s Title IX and Section 504/Title II coordinators.11

Finally, a school should take steps to stop further harassment and prevent any retaliation against the person who made the complaint (or was the subject of the harassment) or against those who provided information as witnesses. At a minimum, the school’s responsibilities include making sure that the harassed students and their families know how to report any subsequent problems, conducting follow-up inquiries to see if there have been any new incidents or any instances of retaliation, and responding promptly and appropriately to address continuing or new problems.

When responding to incidents of misconduct, schools should keep in mind the following:

  • The label used to describe an incident (e.g., bullying, hazing, teasing) does not determine how a school is obligated to respond. Rather, the nature of the conduct itself must be assessed for civil rights implications. So, for example, if the abusive behavior is on the basis of race, color, national origin, sex, or disability, and creates a hostile environment, a school is obligated to respond in accordance with the applicable federal civil rights statutes and regulations enforced by OCR.

  • When the behavior implicates the civil rights laws, school administrators should look beyond simply disciplining the perpetrators. While disciplining the perpetrators is likely a necessary step, it often is insufficient. A school’s responsibility is to eliminate the

11 Districts must designate persons responsible for coordinating compliance with Title IX, Section 504, and Title II, including the investigation of any complaints of sexual, gender-based, or disability harassment. See 28 C.F.R. § 35.107(a); 34 C.F.R. § 104.7(a); 34 C.F.R. § 106.8(a).


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    hostile environment created by the harassment, address its effects, and take steps to ensure that harassment does not recur. Put differently, the unique effects of discriminatory harassment may demand a different response than would other types of bullying.

Below, I provide hypothetical examples of how a school’s failure to recognize student misconduct as discriminatory harassment violates students’ civil rights.12 In each of the examples, the school was on notice of the harassment because either the school or a responsible employee knew or should have known of misconduct that constituted harassment. The examples describe how the school should have responded in each circumstance.

Title VI: Race, Color, or National Origin Harassment

  • Some students anonymously inserted offensive notes into African-American students’ lockers and notebooks, used racial slurs, and threatened African-American students who tried to sit near them in the cafeteria. Some African-American students told school officials that they did not feel safe at school. The school investigated and responded to individual instances of misconduct by assigning detention to the few student perpetrators it could identify. However, racial tensions in the school continued to escalate to the point that several fights broke out between the school’s racial groups.
    In this example, school officials failed to acknowledge the pattern of harassment as indicative of a racially hostile environment in violation of Title VI. Misconduct need not be directed at a particular student to constitute discriminatory harassment and foster a racially hostile environment. Here, the harassing conduct included overtly racist behavior (e.g., racial slurs) and also targeted students on the basis of their race (e.g., notes directed at African-American students). The nature of the harassment, the number of incidents, and the students’ safety concerns demonstrate that there was a racially hostile environment that interfered with the students’ ability to participate in the school’s education programs and activities.
    Had the school recognized that a racially hostile environment had been created, it would have realized that it needed to do more than just discipline the few individuals whom it could identify as having been involved. By failing to acknowledge the racially hostile environment, the school failed to meet its obligation to implement a more systemic response to address the unique effect that the misconduct had on the school climate. A more effective response would have included, in addition to punishing the perpetrators, such steps as reaffirming the school’s policy against discrimination (including racial harassment), publicizing the means to report allegations of racial harassment, training faculty on constructive responses to racial conflict, hosting class discussions about racial harassment and sensitivity to students of other races, and conducting outreach to involve parents and students in an effort to identify problems and improve the school climate. Finally, had school officials responded appropriately

12 Each of these hypothetical examples contains elements taken from actual cases.


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    and aggressively to the racial harassment when they first became aware of it, the school might have prevented the escalation of violence that occurred.13
  • Over the course of a school year, school employees at a junior high school received reports of several incidents of anti-Semitic conduct at the school. Anti-Semitic graffiti, including swastikas, was scrawled on the stalls of the school bathroom. When custodians discovered the graffiti and reported it to school administrators, the administrators ordered the graffiti removed but took no further action. At the same school, a teacher caught two ninth-graders trying to force two seventh-graders to give them money. The ninth-graders told the seventh-graders, “You Jews have all of the money, give us some.” When school administrators investigated the incident, they determined that the seventh-graders were not actually Jewish. The school suspended the perpetrators for a week because of the serious nature of their misconduct. After that incident, younger Jewish students started avoiding the school library and computer lab because they were located in the corridor housing the lockers of the ninth-graders. At the same school, a group of eighth-grade students repeatedly called a Jewish student “Drew the dirty Jew.” The responsible eighth-graders were reprimanded for teasing the Jewish student.
    The school administrators failed to recognize that anti-Semitic harassment can trigger responsibilities under Title VI. While Title VI does not cover discrimination based solely on religion,14 groups that face discrimination on the basis of actual or perceived shared ancestry or ethnic characteristics may not be denied protection under Title VI on the ground that they also share a common faith. These principles apply not just to Jewish students, but also to students from any discrete religious group that shares, or is perceived to share, ancestry or ethnic characteristics (e.g., Muslims or Sikhs). Thus, harassment against students who are members of any religious group triggers a school’s Title VI responsibilities when the harassment is based on the group’s actual or perceived shared ancestry or ethnic characteristics, rather than solely on its members’ religious practices. A school also has responsibilities under Title VI when its students are harassed based on their actual or perceived citizenship or residency in a country whose residents share a dominant religion or a distinct religious identity.15
    In this example, school administrators should have recognized that the harassment was based on the students’ actual or perceived shared ancestry or ethnic identity as Jews (rather than on the students’ religious practices). The school was not relieved of its responsibilities under Title VI because the targets of one of the incidents were not actually Jewish. The harassment was still based on the perceived ancestry or ethnic characteristics of the targeted students. Furthermore, the harassment negatively affected the ability and willingness of Jewish students to participate fully in the school’s

13 More information about the applicable legal standards and OCR’s approach to investigating allegations of harassment on the basis of race, color, or national origin is included in Racial Incidents and Harassment Against Students at Educational Institutions: Investigative Guidance, 59 Fed. Reg. 11,448 (Mar. 10, 1994), available at http://www.ed.gov/about/offices/list/ocr/docs/race394.html.
14 As noted in footnote seven, DOJ has the authority to remedy discrimination based solely on religion under Title IV.
15 More information about the applicable legal standards and OCR’s approach to investigating complaints of discrimination against members of religious groups is included in OCR’s Dear Colleague Letter: Title VI and Title IX Religious Discrimination in Schools and Colleges (Sept. 13, 2004), available at http://www2.ed.gov/about/offices/list/ocr/religious-rights2004.html.


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    education programs and activities (e.g., by causing some Jewish students to avoid the library and computer lab). Therefore, although the discipline that the school imposed on the perpetrators was an important part of the school’s response, discipline alone was likely insufficient to remedy a hostile environment. Similarly, removing the graffiti, while a necessary and important step, did not fully satisfy the school’s responsibilities. As discussed above, misconduct that is not directed at a particular student, like the graffiti in the bathroom, can still constitute discriminatory harassment and foster a hostile environment. Finally, the fact that school officials considered one of the incidents “teasing” is irrelevant for determining whether it contributed to a hostile environment.
    Because the school failed to recognize that the incidents created a hostile environment, it addressed each only in isolation, and therefore failed to take prompt and effective steps reasonably calculated to end the harassment and prevent its recurrence. In addition to disciplining the perpetrators, remedial steps could have included counseling the perpetrators about the hurtful effect of their conduct, publicly labeling the incidents as anti-Semitic, reaffirming the school’s policy against discrimination, and publicizing the means by which students may report harassment. Providing teachers with training to recognize and address anti-Semitic incidents also would have increased the effectiveness of the school’s response. The school could also have created an age-appropriate program to educate its students about the history and dangers of anti-Semitism, and could have conducted outreach to involve parents and community groups in preventing future anti-Semitic harassment.

Title IX: Sexual Harassment

  • Shortly after enrolling at a new high school, a female student had a brief romance with another student. After the couple broke up, other male and female students began routinely calling the new student sexually charged names, spreading rumors about her sexual behavior, and sending her threatening text messages and e-mails. One of the student’s teachers and an athletic coach witnessed the name calling and heard the rumors, but identified it as “hazing” that new students often experience. They also noticed the new student’s anxiety and declining class participation. The school attempted to resolve the situation by requiring the student to work the problem out directly with her harassers.
    Sexual harassment is unwelcome conduct of a sexual nature, which can include unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal, or physical conduct of a sexual nature. Thus, sexual harassment prohibited by Title IX can include conduct such as touching of a sexual nature; making sexual comments, jokes, or gestures; writing graffiti or displaying or distributing sexually explicit drawings, pictures, or written materials; calling students sexually charged names; spreading sexual rumors; rating students on sexual activity or performance; or circulating, showing, or creating e-mails or Web sites of a sexual nature.

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    In this example, the school employees failed to recognize that the “hazing” constituted sexual harassment. The school did not comply with its Title IX obligations when it failed to investigate or remedy the sexual harassment. The conduct was clearly unwelcome, sexual (e.g., sexual rumors and name calling), and sufficiently serious that it limited the student’s ability to participate in and benefit from the school’s education program (e.g., anxiety and declining class participation).
    The school should have trained its employees on the type of misconduct that constitutes sexual harassment. The school also should have made clear to its employees that they could not require the student to confront her harassers. Schools may use informal mechanisms for addressing harassment, but only if the parties agree to do so on a voluntary basis. Had the school addressed the harassment consistent with Title IX, the school would have, for example, conducted a thorough investigation and taken interim measures to separate the student from the accused harassers. An effective response also might have included training students and employees on the school’s policies related to harassment, instituting new procedures by which employees should report allegations of harassment, and more widely distributing the contact information for the district’s Title IX coordinator. The school also might have offered the targeted student tutoring, other academic assistance, or counseling as necessary to remedy the effects of the harassment.16

Title IX: Gender-Based Harassment

  • Over the course of a school year, a gay high school student was called names (including anti-gay slurs and sexual comments) both to his face and on social networking sites, physically assaulted, threatened, and ridiculed because he did not conform to stereotypical notions of how teenage boys are expected to act and appear (e.g., effeminate mannerisms, nontraditional choice of extracurricular activities, apparel, and personal grooming choices). As a result, the student dropped out of the drama club to avoid further harassment. Based on the student’s self-identification as gay and the homophobic nature of some of the harassment, the school did not recognize that the misconduct included discrimination covered by Title IX. The school responded to complaints from the student by reprimanding the perpetrators consistent with its anti-bullying policy. The reprimands of the identified perpetrators stopped the harassment by those individuals. It did not, however, stop others from undertaking similar harassment of the student.
    As noted in the example, the school failed to recognize the pattern of misconduct as a form of sex discrimination under Title IX. Title IX prohibits harassment of both male and female students regardless of the sex of the harasser—i.e., even if the harasser and target are members of the same sex. It also prohibits gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping. Thus, it can be sex discrimination if students are harassed either for exhibiting what is perceived as a stereotypical characteristic for their

16 More information about the applicable legal standards and OCR’s approach to investigating allegations of sexual harassment is included in OCR’s Sexual Harassment Guidance, available at http://www.ed.gov/about/offices/list/ocr/docs/shguide.html.


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    sex, or for failing to conform to stereotypical notions of masculinity and femininity. Title IX also prohibits sexual harassment and gender-based harassment of all students, regardless of the actual or perceived sexual orientation or gender identity of the harasser or target.
    Although Title IX does not prohibit discrimination based solely on sexual orientation, Title IX does protect all students, including lesbian, gay, bisexual, and transgender (LGBT) students, from sex discrimination. When students are subjected to harassment on the basis of their LGBT status, they may also, as this example illustrates, be subjected to forms of sex discrimination prohibited under Title IX. The fact that the harassment includes anti-LGBT comments or is partly based on the target’s actual or perceived sexual orientation does not relieve a school of its obligation under Title IX to investigate and remedy overlapping sexual harassment or gender-based harassment. In this example, the harassing conduct was based in part on the student’s failure to act as some of his peers believed a boy should act. The harassment created a hostile environment that limited the student’s ability to participate in the school’s education program (e.g., access to the drama club). Finally, even though the student did not identify the harassment as sex discrimination, the school should have recognized that the student had been subjected to gender-based harassment covered by Title IX.
    In this example, the school had an obligation to take immediate and effective action to eliminate the hostile environment. By responding to individual incidents of misconduct on an ad hoc basis only, the school failed to confront and prevent a hostile environment from continuing. Had the school recognized the conduct as a form of sex discrimination, it could have employed the full range of sanctions (including progressive discipline) and remedies designed to eliminate the hostile environment. For example, this approach would have included a more comprehensive response to the situation that involved notice to the student’s teachers so that they could ensure the student was not subjected to any further harassment, more aggressive monitoring by staff of the places where harassment occurred, increased training on the scope of the school’s harassment and discrimination policies, notice to the target and harassers of available counseling services and resources, and educating the entire school community on civil rights and expectations of tolerance, specifically as they apply to gender stereotypes. The school also should have taken steps to clearly communicate the message that the school does not tolerate harassment and will be responsive to any information about such conduct.17

Section 504 and Title II: Disability Harassment

  • Several classmates repeatedly called a student with a learning disability “stupid,” “idiot,” and “retard” while in school and on the school bus. On one occasion, these students tackled him, hit him with a school binder, and threw his personal items into the garbage. The student complained to his teachers and guidance counselor that he was continually being taunted and teased. School officials offered him counseling services and a

17 Guidance on gender-based harassment is also included in OCR’s Sexual Harassment Guidance, available at http://www.ed.gov/about/offices/list/ocr/docs/shguide.html.


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    psychiatric evaluation, but did not discipline the offending students. As a result, the harassment continued. The student, who had been performing well academically, became angry, frustrated, and depressed, and often refused to go to school to avoid the harassment.
    In this example, the school failed to recognize the misconduct as disability harassment under Section 504 and Title II. The harassing conduct included behavior based on the student’s disability, and limited the student’s ability to benefit fully from the school’s education program (e.g., absenteeism). In failing to investigate and remedy the misconduct, the school did not comply with its obligations under Section 504 and Title II.
    Counseling may be a helpful component of a remedy for harassment. In this example, however, since the school failed to recognize the behavior as disability harassment, the school did not adopt a comprehensive approach to eliminating the hostile environment. Such steps should have at least included disciplinary action against the harassers, consultation with the district’s Section 504/Title II coordinator to ensure a comprehensive and effective response, special training for staff on recognizing and effectively responding to harassment of students with disabilities, and monitoring to ensure that the harassment did not resume. 18

I encourage you to reevaluate the policies and practices your school uses to address bullying19 and harassment to ensure that they comply with the mandates of the federal civil rights laws. For your convenience, the following is a list of online resources that further discuss the obligations of districts to respond to harassment prohibited under the federal antidiscrimination laws enforced by OCR:

18 More information about the applicable legal standards and OCR’s approach to investigating allegations of disability harassment is included in OCR’s Dear Colleague Letter: Prohibited Disability Harassment (July 25, 2000), available at http://www2.ed.gov/about/offices/list/ocr/docs/disabharassltr.html.
19 For resources on preventing and addressing bullying, please visit http://www.bullyinginfo.org, a Web site established by a federal Interagency Working Group on Youth Programs. For information on the Department’s bullying prevention resources, please visit the Office of Safe and Drug-Free Schools’ Web site at http://www.ed.gov/offices/OESE/SDFS. For information on regional Equity Assistance Centers that assist schools in developing and implementing policies and practices to address issues regarding race, sex, or national origin discrimination, please visit http://www.ed.gov/programs/equitycenters.


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Please also note that OCR has added new data items to be collected through its Civil Rights Data Collection (CRDC), which surveys school districts in a variety of areas related to civil rights in education. The CRDC now requires districts to collect and report information on allegations of harassment, policies regarding harassment, and discipline imposed for harassment. In 2009-10, the CRDC covered nearly 7,000 school districts, including all districts with more than 3,000 students. For more information about the CRDC data items, please visit http://www2.ed.gov/about/offices/list/ocr/whatsnew.html.

OCR is committed to working with schools, students, students’ families, community and advocacy organizations, and other interested parties to ensure that students are not subjected to harassment. Please do not hesitate to contact OCR if we can provide assistance in your efforts to address harassment or if you have other civil rights concerns.

For the OCR regional office serving your state, please visit: http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm, or call OCR’s Customer Service Team at 1-800-421-3481.

I look forward to continuing our work together to ensure equal access to education, and to promote safe and respectful school climates for America’s students.


Sincerely,

/s/

Russlynn Ali

Assistant Secretary for Civil Rights

Wednesday, October 20, 2010

'Youth' Starts With 'You'

Here on Spirit Day during Ally Week, we present some resources to help protect LGBT youth from bullying and harassment:
  • Out, Safe & Respected - This kit from Lambda Legal is designed to help you know your rights at school and make sure they’re respected, and to give you concrete ideas about how you can make a difference in your school and community.

    You have the right to be who you are.

    You have the right to be out, safe and respected at school.

  • Bending The Mold - Whether you’re transgender or gender non-conforming, questioning, or an ally, this kit from Lambda Legal is designed to help you make your school a safer place.

    They’ve included ideas and information to help you advocate for change. There’s also an extensive list of resources to help you connect with the transgender community and find support.

  • Make It Better - This project, launched by the national GSA Network and endorsed by a zillion other groups, gives youth and adults the tools they need to combat anti-LGBT bullying and harassment and make schools safer for LGBT youth right now.
'Nuff said.

Wednesday, October 13, 2010

It's That Time Again: Ally Week!

Next week is all about the straight folks, or at least the ones that support us gay folks. (OK, it's also about the gay folks who support the other gay folks. It's about all of us!)

GLSEN (Gay, Lesbian, and Straight Education Network) is sponsoring Ally Week.

Allies generally are non-LGBT people who are committed to ending bias and discrimination against LGBT people, but the term ally is more inclusive (particularly within the Safe Schools Movement) and can refer to anyone who supports ending anti-LGBT name-calling, bullying, and harassment in schools. For example, a bisexual adult can be an ally to LGBT students, and a lesbian student can be an ally to a transgender student.

During Ally Week, people are encouraged to take the ally pledge:

"I believe all students, regardless of sexual orientation or gender identity/expression deserve to feel safe and supported.

That means I pledge to:

  • Not use anti-LGBT (lesbian, gay, bisexual, transgender) language or slurs.
  • Intervene, if I safely can, in situations where students are being harassed.
  • Support efforts to end bullying and harassment."
This is one of the several easy things that you can do to take action.

Students are encouraged to sign up for specific events and activities on the website. You can also connect virtually through Facebook, MySpace, and Twitter.

On the website, you can download ally pledge cards and stickers, as well as order posters, t-shirts, and other promo materials. You can read and submit ally stories online, and you can learn about local and student organizing.

Ally Week is just one part in a larger program to create safe schools for all students and ultimately create a safe environment for all (including LGBT) people.

Wednesday, October 6, 2010

"Teenage Suicide (Don't Do It)"

The title is a joking reference to a song from the black comedy Heathers, but the topic is serious. Literally, it is deadly serious.

In the short span of a few weeks, there have been six gay teen suicides across the country:
  • Tyler Clementi, 18, Rutgers University freshman, violinist
  • Justin Aaberg, 15, Anoka, Minnesota freshman, cello player
  • Asher Brown, 13, Houston, Texas eighth-grader and straight A student
  • Raymond Chase, 19, Johnson & Wales University sophomore, culinary student
  • Billy Lucas, 15, Greensburg, Indiana sophomore, animal lover
  • Seth Walsh, 13, Fresno, California middle school student, artist and fashion aficionado
LGBT youth are up to four times more likely to attempt suicide than their heterosexual peers, according to the Massachusetts 2006 Youth Risk Survey.

Adolescence is hard enough, but then gay youth have the additional stressors of more limited social and societal options due to discrimination, as well as less access to information and support, and an increased incidence of bullying and harassment.

In the wake of these high-profile deaths, though, many people have taken steps to provide additional support to prevent teen suicide, in addition to already existing resources.
  • Noted columnist Dan Savage created his "It Gets Better" project to send the message that suicide is not the way to go and to show that gay folks can have a good and positive future ahead of themselves, even if they may not see that at the moment. Noted celebrities who have participated include Tim Gunn, Sarah Silverman, Ashley Tisdale, Jewel, Eve, Perez Hilton, and Chris Colfer.
  • The Trevor Project (provides a national 24-hour, toll free confidential suicide hotline for gay and questioning youth)
  • The Yellow Ribbon Suicide Prevention Program
  • National Suicide & Crisis Hotline: 1-800-273-8255
Suicide is a preventable tragedy, and we must work to raise awareness of the plight of, and options for, suicidal youth. Over a decade ago, former U.S. Surgeon General David Satcher called suicide a "public health crisis," and sadly, it still is.

Warning Signs of Suicide

  • Ideation (thinking, talking, or wishing about suicide or obsessing over death)
  • Substance use or abuse (increased use or change in substance)
  • Puposelessness (no sense of purpose or belonging)
  • Anger
  • Trapped (feeling like there is no way out)
  • Hopelessness (there is nothing to live for, no hope or optimism)
  • Withdrawal (from family, friends, work, school, activities, hobbies)
  • Anxiety (restlessness, irritability, agitation)
  • Recklessness (high risk-taking behavior)
  • Mood disturbance (dramatic changes in mood, including sudden happiness or calmness, as well as)

If You See the Warning Signs of Suicide...

Begin a dialogue by asking questions. Suicidal thoughts are common with depressive illnesses and your willingness to talk about it in a non-judgmental, non-confrontational way can be the help a person needs to seeking professional help. Questions okay to ask:

  • "Do you ever feel so badly that you think about suicide?"
  • "Do you have a plan to commit suicide or take your life?"
  • "Have you thought about when you would do it (today, tomorrow, next week)?"
  • "Have you thought about what method you would use?"
Remember, always take thoughts of or plans for suicide seriously.

Never keep a plan for suicide a secret. It is better to lose a relationship from violating a confidence than it is to go to a funeral. And most of the time they will come back and thank you for saving their life.

Don't try to minimize problems or shame a person into changing their mind. Trying to convince a person suffering that "it's not that bad" or that "you have everything to live for" may only increase feelings of guilt and hopelessness. Reassure them that help is available, that depression is treatable, and that suicidal feelings are temporary. Life can - and does - get better!

If you feel the person isn't in immediate danger, acknowledge the pain as legitimate and offer to work together to get help. Help find a doctor or a mental health professional, participate in making the first phone call, or go along to the first appointment. If you need to, call 911 to get help.

Monday, September 20, 2010

The Difference Of A Decade: Ten Years of GLSEN School Climate Reports

Last week GLSEN (the Gay, Lesbian and Straight Education Network) released their 2009 National School Climate Survey, documenting the experiences of LGBT students in schools across the country.

(Click here for the 13-page executive summary or here for the 164-page full report.)

GLSEN began compiling these reports and collecting data in 1999, and this report marks a decade of research. Some of their collective findings from the past 10 years include:
  • There was a steady decline in the frequency of hearing homophobic remarks from 1999 to 2003. (Between 2005 and 2009, students’ reports of these types of remarks did not decrease significantly.)

  • LGBT students’ experiences of harassment and assault have remained relatively constant over time. However, there were small but significant decreases in frequencies of verbal harassment, physical harassment, and physical assault from 2007 to 2009.

  • LGBT-related resources and support in school have steadily increased, e.g., gay-straight alliances, other student clubs that address LGBT issues in education, LGBT-supportive school staff, and LGBT-related materials in school libraries.
  • The 2009 survey includes responses from 7,261 LGBT students between the ages of 13 and 21 from all 50 states and the District of Columbia. Data collection was conducted through community-based groups, online outreach, and targeted advertising on Facebook and MySpace.

    Key Findings of the 2009 National School Climate Survey include:

  • 84.6% of LGBT students reported being verbally harassed, 40.1% reported being physically harassed, and 18.8% reported being physically assaulted at school in the past year because of their sexual orientation.
  • 63.7% of LGBT students reported being verbally harassed, 27.2% reported being physically harassed, and 12.5% reported being physically assaulted at school in the past year because of their gender expression.
  • 72.4% heard homophobic remarks frequently or often at school.
  • Nearly two-thirds (61.1%) of students reported that they felt unsafe in school because of their sexual orientation, and more than a third (39.9%) felt unsafe because of their gender expression.
  • 29.1% of LGBT students missed a class at least once and 30.0% missed at least one day of school in the past month because of safety concerns, compared to only 8.0% and 6.7%, respectively, of a national sample of secondary school students.
  • The reported GPA of students who were more frequently harassed because of their sexual orientation or gender expression was almost half a grade lower than for students who were less often harassed (2.7 vs. 3.1).
  • Increased levels of victimization were related to increased levels of depression and anxiety and decreased levels of self-esteem.
  • Being out in school had positive and negative repercussions for LGBT students – outness was related to higher levels of victimization, but also higher levels of psychological well-being.
  • Positive Interventions and Support:

  • Having a Gay-Straight Alliance in school was related to more positive experiences for LGBT students, including: hearing fewer homophobic remarks, less victimization because of sexual orientation and gender expression, less absenteeism because of safety concerns, and a greater sense of belonging to the school community.
  • The presence of supportive staff contributed to a range of positive indicators including fewer reports of missing school, fewer reports of feeling unsafe, greater academic achievement, higher educational aspirations, and a greater sense of school belonging.
  • Students attending schools with an anti-bullying policy that included explicit protections based on sexual orientation and/or gender identity/expression (like the statewide anti-bullying law passed by Equality NC last year) heard fewer homophobic remarks, experienced lower levels of victimization related to their sexual orientation, were more likely to report that staff intervened when hearing homophobic remarks, and were more likely to report incidents of harassment and assault to school staff than students at schools with a general policy or no policy.
  • Despite the positive benefits of these interventions, less than a half of LGBT students (44.6%) reported having a gay-straight alliance at school, slightly more than half (53.4%) could identify six or more supportive educators, and less than a fifth (18.2%) attended a school that had a comprehensive anti-bullying policy.
  • The times, they are a'-changin. It's good to see the positive growth occurring across the country, and it's especially good to have more data supporting the efficacy of non-discrimination policies that explicitly protect LGBT folks versus those that only provide general protections.

    Little by little, we are creating an educational environment where all students, including LGBT ones, can feel safe enough to learn and succeed in school.

    Wednesday, September 8, 2010

    "We worry about what a child will become tomorrow, yet we forget that he is someone today."

    (Title quote from Stacia Tauscher.)

    Are you a kid? Do you know any kids? Do you have kids? Do you ever see any kids? OK, were you ever a kid?!

    The National Youth Advocacy Coalition maintains a collection of resources on information about the lives of LGBT and questioning young people, as well as resources specifically for these youth and youth-serving professionals nationwide. It's mission is to end discrimination against these youth and to ensure their physical and emotional well-being.

    If you ever have any questions, need a resource, or have a suggestion for a resource, they're a great place to go.

    They maintain wiki pages for:
    Check out some of their materials under these categories:
    "NYAC is committed to representing the voices of young people - the largest living generation - within the broader LGBTQ and social justice movements. Through capacity building, advocacy and youth engagement, NYAC is building a generation of impact."

    Monday, August 30, 2010

    Back To School ... "So Gay," "Safe Space," and "Just The Facts"

    For students and teachers in traditional-schedule schools, summer has just ended and they are headed back to the classroom.

    For educators, parents, and gay students, GLSEN has some useful tools to make the school year safe and productive for everyone.

    First, they have a host of anti-bullying resources.

    This includes their ThinkB4YouSpeak Campaign:

    "In partnership with the Ad Council, GLSEN has created an educator’s guide to accompany its PSA campaign about the hurtful and demeaning term “that’s so gay.” The guide assists middle and high school educators in presenting the various components of this campaign to students, framing and discussing the ads in class, and extending student learning about the negative consequences of homophobic language and anti-LGBT bullying."

    ... and their Safe Space program:

    "The Safe Space Kit will take you step by step through the process of implementing a Safe Space program in your school by teaching you to train allies, providing strategies for support and intervention when anti-LGBT bias occurs, and providing materials and ideas for making your program highly visible."

    They also have a booklet. Produced by a diverse coalition of 13 national organizations, this booklet is part of a renewed effort to protect the safety and emotional well-being of all students, including those who are at higher risk because of their sexual orientation.

    The group of education, health, mental health and religious organizations released "Just the Facts About Sexual Orientation and Youth: A Primer for Principals, Educators, and School Personnel."

    The publication serves as a guide for employees who confront sensitive issues involving gay, lesbian, and bisexual students. It is intended to help school administrators foster safe and healthy school environments, in which all students can achieve to the best of their ability. "Just the Facts" includes the most recent information from professional health organizations, as well as up-to-date information on the legal responsibility of school officials to protect students from anti-gay harassment.

    The coalition issued the following joint statement:

    "The opportunity for students to learn is diminished when they do not feel safe or supported at school. In addition to assault and harassment, gay, lesbian and bisexual students experience high rates of emotional distress, suicide attempts and substance abuse. These factors hinder their emotional and social development, as well as their ability to succeed in school. It is our responsibility to provide accurate and factual information. We believe this publication will be a valuable tool to help educators, administrators and others concerned with caring for America's students."
    This publications is endorsed by:
    • American Academy of Pediatrics
    • American Association of School Administrators
    • American Counseling Association
    • American Federation of Teachers
    • American Psychological Association
    • American School Counselor Association
    • American School Health Association
    • Interfaith Alliance Foundation
    • National Association of School Psychologists
    • National Association of Secondary School Principals
    • National Association of Social Workers
    • National Education Association
    • School Social Work Association of America
    If you know someone that could benefit from any of this information, share the links. Send it to a teacher, principal, student, or school.

    Sometimes the best education starts from the bottom and works its way up. The most important thing, though, is that it happens. Make it so!

    Wednesday, July 21, 2010

    Bigotry in Schools is Literally Costly

    Remember Constance McMillen?

    Her school in Fulton, Mississippi, didn’t allow her to go to prom with her girlfriend. The American Civil Liberties Union (ACLU) offered to help her with a lawsuit, so her school threw a fit and cancelled the prom for everyone.

    Well there’s finally good news!

    On July 20, the ACLU won their case against Constance’s school. As part of a settlement agreement, the Itawamba Agricultural High School will set up a non-discrimination policy that protects LGBT students, and it will pay Constance $35,000 in addition to her lawyer fees.

    It won’t make up for the embarrassment of being sent to a fake prom, but it’s definitely a step in the right direction. Most importantly, we can only hope that it will allow Constance a way to move forward with her life.

    "It means a lot to me," Constance said to CNN. "The amount of support helps me to continue with the fight."

    It worth noting that here in North Carolina, our anti-bullying policy protects students from this kind of discrimination. Here’s a concrete example of a situation that could have been avoided with a similar policy in Mississippi. It’s good that they got to anti-discrimination eventually, but it’s always nicer to have it done with state-wide legislation than through litigation.

    (Last year, here in North Carolina, Equality NC, together with a strong coalition of organizations and thousands of dedicated supporters across the state, overcame the odds and made history by winning passage of S.B. 526, the School Violence Prevention Act, to provide strong protections against bullying and harassment in schools, with explicit protections for LGBT youth.

    This landmark law marks the first time sexual orientation and gender identity are protected in North Carolina law, and the first time gender identity is protected in the any Southern state.

    For more information on NC's anti-bullying law, check out our SVPA Implementation Toolkit.)