Impact: This new comprehensive policy will provide school employees, students and parents with one policy that includes all aspects of what is expected regarding student behavior and what is expected from school systems in order to create safe and supportive schools. This will be a positive change from the existing structure that fragments the issue among five different policies. This new policy will also require schools to coordinate their efforts across all content areas to assure the comprehensive teaching of student dispositions that are essential to success in school and in the community. Finally, this policy will require schools to create more in-school options to intervene with inappropriate behavior because the new policy limits the use of out-of-school suspension and discourages its use except in situations in which safety must be restored by removing a student from the school grounds.
The Huffington Post indicates that this is very good for the LGBTQ community.
A proposed anti-bullying policy for West Virginia schools acknowledges for the first time that sexual orientation and gender identity are common reasons for harassment.
Fairness West Virginia has been pushing for this legislation.
We support an enumerated policy, or a policy that places an emphasis on certain categories or classes – such as race, religion, gender, gender expression, sexual orientation, or disability – because of their prevalence in bullying instances. Enumerated policies have been shown to protect all students more effectively across the board and significantly curb bullying instances.
The Code of Conduct has rules that should be obvious.
§126-99-3. Student Code of Conduct.
3.1. All students enrolled in West Virginia public schools shall behave in a manner that promotes a school environment that is nurturing, orderly, safe and conducive to learning and personal-social development.
3.1.1. Students will help create an atmosphere free from bullying, intimidation and harassment.
3.1.2. Students will demonstrate honesty and trustworthiness.
3.1.3. Students will treat others with respect, deal peacefully with anger, use good manners and be considerate of the feelings of others.
3.1.4. Students will demonstrate responsibility, use self-control and be self-disciplined.
3.1.5. Students will demonstrate fairness, play by the rules, and will not take advantage of others.
3.1.6. Students will demonstrate compassion and caring.
3.1.7. Students will demonstrate good citizenship by obeying laws and rules, respecting authority, and by cooperating with others.
The new section on bullying is praise-worthy.
A student will not bully/intimidate/harass another student. According to West Virginia Code §18-2C-2, “harassment, intimidation or bullying” means any intentional gesture, or any intentional electronic, written, verbal or physical act, communication, transmission or threat that:
- A reasonable person under the circumstances should know will have the effect of harming a student, damaging a student’s property, placing a student in reasonable fear of harm to his or her person, and/or placing a student in reasonable fear of damage to his or her property;
- Is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or emotionally abusive educational environment for a student; or
- Disrupts or interferes with the orderly operation of the school.
An electronic act, communication, transmission or threat includes but is not limited to one which is administered via telephone, wireless phone, computer, pager or any electronic or wireless device whatsoever, and includes but is not limited to transmission of any image or voice, email or text message using any such device.
Acts of harassment, intimidation, or bullying that are reasonably perceived as being motivated by any actual or perceived differentiating characteristic, or by association with a person who has or is perceived to have one or more of these characteristics, shall be reported using the following list: race; color; religion; ancestry; national origin; gender; socioeconomic status; academic status; gender identity or expression; physical appearance; sexual orientation; mental/physical/developmental/sensory disability; or other characteristic.
When harassment, intimidation or bullying are of a racial, sexual and/or religious/ethnic nature, the above definition applies to all cases regardless of whether they involve students, staff or the public. Detailed definitions related to inappropriate behavior of this nature are as follows:
- Sexual harassment consists of sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when: submission to the conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining or retaining employment, or of obtaining an education; or
- submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment or education; or that conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual's employment or education; or
- creating an intimidating, hostile or offensive employment or educational environment.
Amorous relationships between county board employees and students are prohibited.
Sexual harassment may include but is not limited to:
- verbal harassment of a sexual nature or abuse;
- pressure for sexual activity;
- inappropriate or unwelcome patting, pinching or physical contact;
- sexual behavior or words, including demands for sexual favors, accompanied by implied or overt threats and/or promises concerning an individual's employment or educational status;
- behavior, verbal or written words or symbols directed at an individual because of gender; or
- the use of authority to emphasize the sexuality of a student in a manner that prevents or impairs that student's full enjoyment of educational benefits, climate or opportunities.
Racial harassment consists of physical, verbal or written conduct relating to an individual's race when the conduct:
- has the purpose or effect of creating an intimidating, hostile or offensive working or academic environment;
- has the purpose or effect of substantially or unreasonably interfering with an individual's work or academic performance; or
- otherwise adversely affects an individual's employment or academic opportunities.
Religious/ethnic harassment consists of physical, verbal or written conduct which is related to an individual's religion or ethnic background when the conduct:
- has the purpose or effect of creating an intimidating, hostile or offensive working or academic environment;
- has the purpose or effect of substantially or unreasonably interfering with an individual's work or academic performance; or
- otherwise adversely affects an individual's employment or academic opportunities.
Sexual violence is a physical act of aggression or force or the threat thereof which involves the touching of another's intimate parts, or forcing a person to touch any person's intimate parts. Intimate parts include the primary genital area, groin, inner thigh, buttocks or breast, as well as the clothing covering these areas. Sexual violence may include, but is not limited to:
- touching, patting, grabbing or pinching another person's intimate parts, whether that person is of the same sex or the opposite sex;
- coercing, forcing or attempting to coerce or force the touching of anyone's intimate parts;
- coercing, forcing or attempting to coerce or force sexual intercourse or a sexual act on another; or
- threatening or forcing exposure of intimate apparel or body parts by removal of clothing.
Religious/ethnic violence is a physical act of aggression or assault upon another because of, or in a manner reasonably related to, religion or ethnicity.
As a teacher, this explicit enumeration of expected behavior and what behaviors cannot be tolerated make it much simpler to work with students. Clear expectations are always a good thing.
Of course, there are always those who will object. The Family Policy Council of West Virginia, writing at Citizen Link, believes that this policy will discriminate against those who believe in the Bible.
If a student makes a comment about homosexuality on Facebook or teaches a Bible study on Romans 1, there’s reason to believe they’ll be in violation of the policy.
After reading the policy, I believe that students in Bible study are not at risk of violating the policy unless they choose to also preach Romans 1:26-27 to those who are not part of their Bible study. In terms of Facebook, the rules on Cyberbullying are not as clearly laid out. Under individual skills, students are to
Refrain from cyber-bullying
Of course, this is open to some interpretation. The decision by bigots to select Romans 1:26-27 out of the entire Bible as a focus is a problem. There is so much love in the Bible, to focus on one section that is hateful is a deliberate choice. West Virginia is moving in a wise and healthy direction.
Thanks to Joe My God for the heads up.
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