The unfortunate reality is we need legal protections to stop discrimination of targeted groups.
Bullies target those they see as different, feel superior to, and feel power over, and every child has a right to be safe and to learn and prosper emotionally, psychologically, and socially. But history shows that we need to fight hard for human rights. Recent legislation by almost all states that compels schools to protect students from bullying acknowledges the power of legal remedies to bring about change. This is especially true in the case of gay, lesbian, bisexual, and transgender students who are bullied more than any other group and are not yet protected by civil rights legislation.
In my book, Story Power: Breathing Life Into History, I included a timeline of women’s rights to illustrate their journey. Progress was painfully slow until laws were finally enacted that gave women equal rights in all areas of their lives. If you ever doubted the value of legislation that protects targeted groups from discrimination, read through this timeline.
My Timeline of the History of Women’s Rights in America
Put yourself on the timeline and see where you fit in the legal evolution of women’s rights.
(This timeline is not all inclusive. There are many other milestones in women’s history.)
1776 Declaration of Independence claims all men are created equal.
1789 US Constitution ratified and goes into effect.
1848 1st Women’s Rights Convention held in Seneca Falls, New York.
1861 The American Civil War begins – fight for women’s rights put on hold.
1865 Civil War ends; Reconstruction begins.
1866 Elizabeth Cady Stanton and Susan B. Anthony form the American Equal Rights Association dedicated to the goal of universal suffrage.
1868 14th Amendment to the US Constitution gives all male citizens the right to vote.
1870 15th Amendment to the US Constitution says the right to vote shall not be denied or abridged on account of race, color, or previous condition of servitude. (Sex not included)
1878 The Woman Suffrage Amendment is first introduced in the US Congress: “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.”
1893 New Zealand first country to give women right to vote.
1903 National Women’s Trade Union established for better working conditions.
1917 Russia gives women right to vote.
1919 My father is born.
1920 19th Amendment gives US women right to vote; National American Woman Suffrage Association (NAWSA) becomes the League of Women Voters.
1921 My mother is born.
1923 The Equal Rights Amendment (ERA) first proposed to Congress.
1940-45 WWII Propaganda campaign to get women to work in typically male jobs.
1951 I’m born.
1956 Number of women in the work force up from 8.5 million in 1947 to almost 13 million.
1959 American Medical Association sanctions birth control for the first time.
1960 FDA approves “the pill.”
1963 President’s “Commission on Status of Women” finds women discriminated against in almost all aspects of US life.
1964 Title VII Civil Rights Act prohibits discrimination in employment by race or gender.
1970 Congress approves the Equal Rights Amendment, first step toward adoption.
1972 ERA sent to states for ratification.
Title IX becomes law: no one can be discriminated against based on their sex in education programs and activities that receive federal financial assistance.
1973 Rowe v. Wade – women’s right to choose abortion – upheld by US Supreme Court.
1977 My first child is born.
1976 Nebraska adopts the first law making it illegal for a husband to rape his wife.
1979 My second child is born.
1986 Supreme Court rules sexual harassment on the job is sex discrimination.
1992 American Association of University Women release their report, “How Schools Shortchange Girls.”
1993 Violence Against Women Act passes: acknowledges domestic violence and sexual assault as crimes.
2001 American Association of University Women releases “Beyond the ‘Gender Wars’: A conversation about girls, boys, and education.”
2009 Lilly Ledbetter Fair Pay Restoration Act passed.
2012 Affordable Care Act requires insurance plans to include coverage for birth control without a co-pay.
GOP and Democratic platforms differ on contraception and abortion.
ERA not yet ratified by a three-fourths majority of US states.
The Golden Rule: “Do unto others as you would have them do unto you.”
A familiar, simple ethic. But is it enough?
This basic tenet of reciprocity– mutual care and concern –has been embraced by civilizations and religions for thousands of years. The many wordings all share a common vision of how human beings should treat each other. The message is this: If I do not like something, I will not do it to someone else.
We teach the Golden Rule everywhere – in our homes, in our faiths, and in our schools – and it is a good place to start, but, no, it isn’t enough. For children (and all of us!) to internalize the deeper meaning of the concept, we have to go beyond this egocentric view to a promise of:
mutual care and concern at multiple levels…
that of the individual,
of one’s culture,
and of all of humanity.
With this change in perspective, we see how the Golden Rule is one of empathy, based on mutual concern and care that applies to individual preferences, cultural expectations, and basic human rights.
This broadened understanding means we can put ourselves in another’s place, see life through their eyes, and have a better idea of what is right for them. With a concept of reciprocity we go beyond parroting an axiom to true appreciation for the most fundamental and virtuous of character traits: empathy. And empathy leads to respectful and compassionate conduct toward others.
This New Golden Rule of Empathy gives us these peace-building principles to live by:
- I would not like you to ignore my personal wishes and feelings, so I will honor your personal wishes and feelings and expect you to honor mine.
- My culture may have different beliefs and customs from yours, so I will respect your culture and expect you to respect mine.
- Regardless of my individual perspectives and preferences or the norms of my culture, all people have basic human rights, and I will honor these rights and expect others to do so for me.
Quite a learning environment
Quite a home life
Quite a community
Quite a world
Third student dies from Ohio school shooting
In Chardin, Ohio the morning-after talk is all too familiar…
- Out of nowhere the killer just gunned them down.
- The students were sitting ducks.
- We never saw this coming.
- He was a quiet kid. He never bothered anybody. He had friends.
- No he was an outcast, bullied, troubled, into Goth.
- The community is reeling, what can we do to help.
- We don’t have a motive yet, but we’ll keep looking.
- Hug your children, talk with them, tell them you love them.
Our hearts go out to the families, the students and teachers, and the entire Chardin community.
Columbine shook us out of our reverie and made us realize that such violence could happen anywhere, and yes, it could even happen in our town. Even so, it hasn’t gotten any easier to hear that innocent children were shot in their school. We want a motive, an explanation, something we can point to that will explain away how T. J. Lane got to the point of slaughtering his classmates as they sat talking in the cafeteria.
Killings in a school attract widespread media attention. Yet the reality is that serious, physical, violent crime in schools has decreased over the past decade. School shootings and other fatal acts are still very rare, and less than 2% of youth murders occur in school. When we only consider this school murder statistic, we get the distorted view that violence is very rare, involves a weapon, and is deadly.
So what about the other 179 days of the school year? Does this mean they violence-free? It all depends on your definition of violence.
Every day in every school, students are emotionally and physically victimized by other students and adults. With a broad view of violence, the statistics for taunting, bullying, harassment, gang activity, cyber-bullying, hazing, and hate crimes (especially toward students who are gay, lesbian, bi-sexual and transgender), and discussions with students about what goes on in classrooms, on the bus, in the cafeteria and bathrooms, present a clearer view of reality. This is the violence they live with daily, that interferes with their learning and keeps them home from school out of fear. So to understand and prevent tragedies like this in the future and to create a healthy school climate, we need to look at behavior along the entire violence continuum, from subtle to obvious.
Violence that begins on the subtle end of the continuum escalates if we don’t intervene early and preemptively. Something valuable can come from this tragic loss of life if it reminds us that our children deal with violence every day and that we spend our best efforts in prevention by teaching students how to be good people of high character, and in early intervention by getting help for those who are struggling.
For more information, read my blogs about the McInerney murder trial, my web page about the violence continuum, and to learn why and how we can prevent violence every day of the school year, read my book, The Violence Continuum: Creating a Safe School Climate.
It’s never a good sign when teachers and students are at odds.
Students have found a new target to abuse. The social media that they use to hurt each other is now aimed at their teachers, creating a new reality in the classroom: Everything any teacher says or does has the potential to be recorded and made public, and when baited into losing their composure, teachers are just a YouTube or Facebook posting away from ruining their careers.
Cyber-baiting is when students intentionally provoke a teacher so she loses control and acts unprofessional. They record the outburst and then give it a permanent, public home on YouTube. This behavior is a form of bullying, bullying is a form of violence, and violence is: Intentional physical force, emotional torment, or abuse of power, designed to intimidate, dominate, or inflict pain on another person.
Cell phones with cameras, tablets, laptops, text messaging, and social websites give students this emotionally distant, underhanded, and very public way to hurt others. Schools are finally becoming aware that in-person and online bullying are a part of school life for most students and that they are expected to, in many states by law, make sure this doesn’t happen on their watch.
The issue of students cyber-baiting teachers has gotten a great deal of attention since the Norton security firm’s Online Family Report was released in November. They found:
One in five of the 2379 teachers of students aged 8-17 from the 24 countries they surveyed have personally experienced or know a teacher who has been the victim of cyber-baiting.
Teachers were once able to close their doors, and then teach and manage the classroom however they wanted. Now everything they do and say can easily be made public. We all know that some teachers are unreasonable and verbally, even physically, abusive toward students. Schools must protect students from teacher bullying just as they must protect students from being bullied by classmates. More scrutiny of what goes on in classrooms and follow-up on student complaints of teacher bullying means bad teachers can no longer hide behind closed doors.
But this is different. When students provoke and intentionally embarrass a teacher in public, it tells us that there are seriously broken relationships between students and teachers. Students would not likely do this to a teacher they liked and respected, one who cared about and respected them.
YouTube videos showing students intentionally taunting their teachers until they lose control of themselves and of the class are painful to watch. Anyone who feels empathy and compassion finds it hard to witness another person–adult or child, stranger or someone they know–being victimized and humiliated. It is particularly disturbing to see students and their teachers acting this way toward each other.
We know the problem is not the communication technology itself, but how people use it. Young people are still experimenting and developing their moral and ethical code of right and wrong, and they do not always consider the possible effects of their behavior before they act. Immaturity and poor judgment are often the root of behavior problems.
But, unfortunately, there are also some students who are so disenfranchised from school or desperate for peer recognition that they seem to enjoy causing trouble and hurting others. And there are some teachers who don’t realize how dis-spirited and negative they have become toward students. These demoralized teachers and disenfranchised students fight for power and control of the classroom.
Why do students cyber-bait teachers? Their motives are sincere or suspect::
- To stop a teacher’s inappropriate behavior.
- Because they are frustrated and want to prove that their complaints about a teacher are true.
- To get a bad teacher fired.
- To make fun of a teacher they don’t like.
- As payback for disciplining them or another student.
- To intentionally entrap weak teachers just for the fun of it.
- Or do they publish it on the Internet just to cause a stir and earn street cred?
But no matter the problem or motivation, they need to know that it is never all right to post a video of someone without his permission or to do it to hurt them. Broadcasting videos of teachers acting badly–either because they were intentionally baited or because it is their typical behavior–is an extreme action for a student to take, and a red flag that there is a serious problem in that classroom. The problem is the breakdown of mutual respect and care, which is the core of a positive classroom climate and critical to a teacher’s smooth management of a classroom and of a child’s academic and social success.
What do students need to make better choices?
Communication technology is a powerful tool, readily available and tempting. To make good choices, students need a positive, respectful, secure classroom climate, caring adult support and guidance, problem-solving skills, policies for the use of the Internet, cell phones, and tablets in school. They also must understand and learn to believe that hurting another person emotionally or physically is not okay. This takes a strong sense of empathy and compassion, an understanding of cause and effect, and for them to self-monitor what they say and do, both in person and on social media. These positive social and thinking skills and attitudes are taught and reinforced at every grade level.
Technology is here and ever-changing. The constants are clear expectations for behavior and trustworthy adults students can talk to if they have a problem. This includes someone they can tell if there is a problem with a teacher who is harming them or other students, and they need a promise that their concerns will be taken seriously and investigated.
No trial, no jury, no witnesses. Just a sentencing hearing.
In earlier posts I discussed the issues and controversies surrounding the shooting death of 14 year-old Larry King by classmate Brandon McInerney, and the subsequent trial and hung jury. Larry was openly gay and it bothered Brandon, especially when Larry teased him. It bothered Brandon so much that he brought a gun to their middle school and calmly shot Larry in the back of the head twice, as he sat unaware in the computer lab. It was clearly the premeditated murder of one student because he was gay and dressed in feminine clothing, by another student accused of acting on an intolerance of homosexuality. It was an extremely violent and fatal way to settle differences.
No one wanted the anguish of living through another trial and facing the possibility of a second jury unable to reach a verdict. Brandon was, once again, going to be charged with first-degree murder as an adult, the issue that caused the divide in the first jury. By accepting a guilty plea of second-degree murder, manslaughter, and use of a firearm, McInerney was sentenced yesterday to 21 years in prison instead of the life in prison sentence carried by a conviction of first-degree (premeditated) murder. Brandon is ineligible for parole and will be 38 when released.
Those at the sentencing hearing represented the multiple perspectives and human rights questions that plagued the trial. A handful of jurors from the mistrial wore “Save Brandon” bracelets and scarves while across the aisle Larry’s friends and family wore “Justice for Larry” buttons.
Yet, everyone can take away some essential understandings from the tragedy:
- Yes, school really is a tough place for gay students, and they may need extra adult support.
- No one-gay or straight-likes being teased or harassed, and they shouldn’t have to put up with it.
- Parents, teachers, and administrators need to be on the lookout for tensions brewing between students. They need to intervene early and decisively before the situation escalates. They are the adults and they should know what to do.
- Students, K-12, need to be intentionally taught and expected to show respect for others, regardless of whether they approve of or like the person’s beliefs, color, ethnicity, religion, learning needs, appearance, or sexuality.
We don’t need anymore Larrys and Brandons. And as you can see from the list, it is the adults that set the school climate and define what can and cannot happen in their school.
Do no harm and allow no harm be done.
Before the recent scandals at Penn State and Syracuse University, I had started to write a post about the widespread hazing that is occurring in middle and high schools, especially in athletics. An article about a 14 year-old high school freshman beaten with a belt by six teammates while one coach observed and the other videotaped the assault, reminded me to finish my blog about the protected and privileged world of the athlete, and the tolerance for abuse shown by students and coaches.
What is hazing and how is it different from bullying?
Hazing is violence inflicted on students because they want to belong to particular group they consider of higher status. Tradition, peer pressure, and the desire for acceptance into the elite group, motivate students to put aside their self-respect and quietly suffer humiliation and physical danger. In contrast, bullying is random violence directed at someone who belongs to a group perceived as lower status or power, or at someone who appears defenseless.
How common is hazing?
Using a random sample of high school students throughout the country, a comprehensive 2000 study by Alfred University asked students to complete a confidential questionnaire on their experiences with hazing. 48 percent of high school students admitted being hazed by school groups. The highest percentage of hazing was in sports teams, gangs, and other social groups, but, surprisingly, it existed in almost all school groups. They defined three types of hazing behavior: humiliation, substance abuse, and dangerous hazing. In this climate of condoned aggression and physical violence sanctioned as a tradition, it is no wonder that children are abused.
What does hazing look like?
Here is a small sampling of the kind of hazing violence reported in the U.S. Students were:
- Spat on, hogtied, held in a locker and slammed into a wall.
- Dragged across a muddy field then made to stand against a wall while soccer teammates kicked balls at them.
- Beaten by ten athletes until bruised.
- Roughed up, paddled, and then forced to box each other until they bled.
- Restrained with duct tape.
- Beaten and covered with mud, paint, feces and garbage; five girls ended up in the hospital.
- Sexually assaulted with foreign objects.
Students are also subjected to: forced consumption of alcohol, tattooing, piercing, head-shaving, branding, sleep deprivation, physical punishment (paddling and “red-bellying”), and kidnapping.
In the real world these behaviors would be crimes and, with a new understanding of violence, they are starting to be treated as such.
Why do we allow it to happen?
We have developed a culture of status for certain groups and of looking the other way when they misbehave. Athletes have this special status, especially in the high-profile male sports like football, soccer, wrestling, and basketball. Sports teams provide entertainment, build school pride, and bring prestige to the school. It is not uncommon for schools and society to give them special dispensation for their violent behavior and when they break rules.
The attitudes of teachers, administrators, and parents who believe participation in sports is always a character-building experience perpetuate the treatment of the athlete as a privileged class. But being idolized, feared, admired, and envied for athletic skills and brute force do not build character. They breed idolatry and a sense of entitlement that lead to abuses of power and status.
How do coaches contribute to this culture?
Complicating the issue are coaches who condone hazing, and think breaking down an athlete’s self-esteem by verbally belittling him or handing out physical punishment is an effective way to motivate him to try harder. In this way, coaches openly model aggressive, bullying behavior. Now as states and districts enact measures to reduce bullying by athletes, coaches who bully are under more scrutiny for their own violent behavior. They are being told to tone down their drastic discipline techniques and to no longer look the other way when one of their athletes bullies another student.
The Ohio State Education Department recognized the role schools play in the continuation of the tradition of hazing. Their efforts to stop hazing at the elementary school through the college level include an inclusive definition and strong condemnation of hazing and the adults who allow it. The code warns that any adult who “recklessly” permits hazing, or who has knowledge of the hazing and takes no action to stop the behavior is liable for civil action for injury and damages, including mental and physical pain and suffering. Adult culpability for what happens to their students is wake up call to all school and college staff.
Can we change tradition?
The students in the Alfred study were perceptive when they said it would be hard to stop hazing because it would take a breakdown of tradition, and that changing a culture is difficult. But we have repeatedly proven we can change the climate and culture of a school. We know that one of the most effective ways to do this is to take the stand that no violence, including teacher bullying of students or student bullying of each other, is ignored or tolerated.
When it comes to hazing, schools have a direct supervisory role over the groups they sponsor and the obligation to keep participants free from emotional trauma and physical harm. We can reduce hazing abuses by educating students, families, and school staff, especially school coaches and extracurricular activity supervisors, and by enacting anti-hazing policies. Safe school climate efforts should send a strong anti-hazing message and make sure there is consistent follow through when it is reported, including appropriate school and criminal consequences. Coaches should also model non-violent character-building behavior to motivate their athletes, instead of perpetuating disrespect and aggression. And we should listen to our students when they say they want us to intervene to protect them, and that they would prefer positive initiation activities to build comradery and a feeling of belonging.
We can change the tradition of hazing.
We can do it by being clear about what is and is not tolerated, and then by holding everyone accountable.
My new book, The Violence Continuum: Creating a Safe School Climate, is now set for a December (not November) release.
I’ve seen the cover and love the way it illustrates the concept that violence is behavior that hurts others and also an abuse of power, and that it can be subtle or obvious, physical or emotional. What our children face in school is skewed toward the subtle end to the mid-point of the continuum, and the damage is serious whatever form it takes.
Lady Gaga wants to speak with the President about students’ civil rights.
One week ago today, Jamey Rodemeyer, 14, committed suicide. Jamey was harassed in school and through social media for being gay. In one online video he tells us, “They’d taunt me in the hallways, and I thought I’d never escape it.” For strength Jamey embraced the message of Lady Gaga’s song, “Born this Way. ” It became his personal anthem and she became his idol. His death hit her hard and she’s now calling for a movement to make gay bullying a crime.
Do we really need a new law?
Legislation seems to be the only way to curtail – we never completely stop – discrimination and acts of hate. For schools, federal civil rights laws already prohibit discrimination and harassment against certain groups in programs or activities that receive funds from the US Department of Education. The law makes discrimination based on race, color, and national origin, sex, disability, and age against the law in every state, in every educational institution.
These groups are members of a protected class of Americans. It’s clear who is missing from this list. Lesbian, gay, bi-sexual, and transgender (LGBT) students, 90% of whom report being bullied in school, have not yet been identified as needing legal protection. Yet research continues to confirm that gay-bashing of students is a widespread and common occurence.
What have we done so far?
In October 2010, Congress passed the Matthew Shepard & James Byrd Jr. Hate Crimes Prevention Act. This expanded the 1964 Hate Crimes Act to include crimes motivated by sexual orientation, gender, and gender identity.
But is bullying in our schools a crime? Not unless it escalates into physical violence and threats of bodily harm that break the law. This leaves schools free to treat acts such as taunting, name-calling, rumor spreading, stalking, and cyber-bullying, which lie toward the middle of the violence continuum, however they see fit.
Publicity about suicides has increased our understanding that school staff are responsible for keeping the climate of their schools free from hostility and harassment. Schools are now advised, and in some cases required by state law, to treat such incidents seriously and to respond quickly and definitively.
But as history teaches us, without the authority of a federal law that identifies those who are LGBT as a protected class, the way students are treated will be hit or miss, helpful or harmful, and too often left to cause emotional and psychological damage.
If Lady Gaga and the rest of us continue to bring attention to the issue, we might just pass a new civil rights law that protects gay students.
Monday, August 29 – jury deliberates with no verdict yet
Given that the incident was in a neighboring Ventura County school district, the interest in my area of the country has been particularly keen.
But the murder of Larry King was also the cover story for the July 18, 2008 edition of Newsweek Magazine, “Young, Gay, and Murdered.” You can go to www.thedailybeast.com to see the cover and read the story.