Pictured Above: Brad Fatopolous, Previous Bay City Central Mental Health Counselor
Definition of Bullying
What is bullying? At first glance, many people might think this behavior is easy to define. Their first image of bullying might be of a physically intimidating boy beating up a smaller classmate. While that would still be considered bullying today, parents need to know that bullying behavior can be much more complex and varied than the stereotype. For example, harmful bullying can also occur quietly and covertly, or through gossip or the Internet, and can cause significant emotional damage.
The definition of bullying will vary by school and state. Your state may have a legal definition and schools generally have their own unique bullying policy. While there are significant differences between definitions, most include the following traits:
Note: This is not a legal definition. Rather it is a way to help students understand what bullying is. For a legal definition, consult your state’s law on bullying. You can find your state’s law at StopBullying.gov.
Help Your Child Identify BullyingIf your child tells you about a situation and you aren’t sure if it’s bullying, use this checklist:
Federal LawsAlthough no federal law directly addresses bullying, in some cases, bullying overlaps with discriminatory harassment when it is based on race, national origin, color, sex, age, disability, or religion. When bullying and harassment overlap, federally-funded schools (including colleges and universities) have an obligation to resolve the harassment. When the situation is not adequately resolved, the U.S. Department of Education’s Office for Civil Rights and the U.S. Department of Justice’s Civil Rights Division may be able to help.
Are there federal laws that apply to bullying?At present, no federal law directly addresses bullying. In some cases, bullying overlaps with discriminatory harassment which is covered under federal civil rights laws enforced by the U.S. Department of Education (ED) and the U.S. Department of Justice (DOJ). No matter what label is used (e.g., bullying, hazing, teasing), schools are obligated by these laws to address conduct that is:
Dear Colleague LettersIn December of 2015, The U.S. Department of Education issued strategies for schools to implement to communicate to students that bullying is not tolerated and that school is a safe space for all students.
In October 2014, as part of National Bullying Prevention Month, the U.S. Education Department's Office for Civil Rights (OCR) issued guidance to schools reminding them that bullying is wrong and must not be tolerated—including bullying against America's 6.5 million students with disabilities.
The Department issued guidance in the form of a letter to educators detailing public schools' responsibilities under Section 504 of the Rehabilitation Act and Title II of Americans with Disabilities Act regarding the bullying of students with disabilities. If a student with a disability is being bullied, federal law requires schools to take immediate and appropriate action to investigate the issue and, as necessary, take steps to stop the bullying and prevent it from recurring.
The October 2014 guidance builds upon letters the Department has issued in recent years concerning schools' legal obligations to fix the problem, including:
Note: State and local laws may provide additional protections on another basis, including sexual orientation. You can find out more about your state’s bullying prevention laws on the federal bullying prevention website, www.StopBullying.gov.
What is bullying? At first glance, many people might think this behavior is easy to define. Their first image of bullying might be of a physically intimidating boy beating up a smaller classmate. While that would still be considered bullying today, parents need to know that bullying behavior can be much more complex and varied than the stereotype. For example, harmful bullying can also occur quietly and covertly, or through gossip or the Internet, and can cause significant emotional damage.
The definition of bullying will vary by school and state. Your state may have a legal definition and schools generally have their own unique bullying policy. While there are significant differences between definitions, most include the following traits:
- Behavior that hurts or harms another person physically or emotionally, and
- An inability for the target to stop the behavior and defend themselves, and
- An imbalance of power that occurs when the student doing the bullying has more physical, emotional, or social power than the target, and
- Repetitive behavior; however, bullying can occur in a single incident if that incident is either very severe or arises from a pattern of behavior
- The types of Bullying: The behavior can be overt and direct, with physical behaviors, such as fighting, hitting or name calling, or it can be covert, with emotional-social interactions, such as gossiping or leaving someone out on purpose. Bullying can also happen in-person, online or through smart phones and texts.
- Intent of the part of the student with bullying behavior: “It is intentional, meaning the act is done willfully, knowingly, and with deliberation to hurt or harm,” but there is some controversy with this statement as some assert that not all bullying behavior is done with intent or that the individual bullying realizes that their behavior is hurting another individual.
- The implications for all students: It is also important to note that bullying is not just about the implications for those targeted by the behaviors, but that the behavior can impact all students in the school, including those who witness the behavior and those that engage in the behavior.
- Additional factors: These can include; the differentiation between bullying and harassment, enumeration of protected classes, statements around the use of technology, how the behavior impacts educational performance and the physical locations that would fall under the jurisdiction of school sanctions.
Note: This is not a legal definition. Rather it is a way to help students understand what bullying is. For a legal definition, consult your state’s law on bullying. You can find your state’s law at StopBullying.gov.
Help Your Child Identify BullyingIf your child tells you about a situation and you aren’t sure if it’s bullying, use this checklist:
- Does your child feel hurt, either emotionally or physically, by the other child’s behavior?
- Has your child been the target of the negative behavior more than once?
- Does your child want the behavior to stop?
- Is your child unable to make the behavior stop on their own?
Federal LawsAlthough no federal law directly addresses bullying, in some cases, bullying overlaps with discriminatory harassment when it is based on race, national origin, color, sex, age, disability, or religion. When bullying and harassment overlap, federally-funded schools (including colleges and universities) have an obligation to resolve the harassment. When the situation is not adequately resolved, the U.S. Department of Education’s Office for Civil Rights and the U.S. Department of Justice’s Civil Rights Division may be able to help.
Are there federal laws that apply to bullying?At present, no federal law directly addresses bullying. In some cases, bullying overlaps with discriminatory harassment which is covered under federal civil rights laws enforced by the U.S. Department of Education (ED) and the U.S. Department of Justice (DOJ). No matter what label is used (e.g., bullying, hazing, teasing), schools are obligated by these laws to address conduct that is:
- Severe, pervasive or persistent
- Creates a hostile environment at school. That is, it is sufficiently serious that it interferes with or limits a student’s ability to participate in or benefit from the services, activities, or opportunities offered by a school
- Based on a student’s race, color, national origin, sex, disability, or religion*.
*Although the US Department of Education, under Title VI of the Civil Rights Act of 1964 does not directly cover religion, often religious based harassment is based on shared ancestry of ethnic characteristics which is covered. The US Department of Justice has jurisdiction over religion under Title IV of the Civil Rights Act of 1964.
- Title IV and Title VI of the Civil Rights Act of 1964
- Title IX of the Education Amendments of 1972
- Section 504 of the Rehabilitation Act of 1973
- Titles II and III of the Americans with Disabilities Act
- Individuals with Disabilities Education Act (IDEA)
Dear Colleague LettersIn December of 2015, The U.S. Department of Education issued strategies for schools to implement to communicate to students that bullying is not tolerated and that school is a safe space for all students.
In October 2014, as part of National Bullying Prevention Month, the U.S. Education Department's Office for Civil Rights (OCR) issued guidance to schools reminding them that bullying is wrong and must not be tolerated—including bullying against America's 6.5 million students with disabilities.
The Department issued guidance in the form of a letter to educators detailing public schools' responsibilities under Section 504 of the Rehabilitation Act and Title II of Americans with Disabilities Act regarding the bullying of students with disabilities. If a student with a disability is being bullied, federal law requires schools to take immediate and appropriate action to investigate the issue and, as necessary, take steps to stop the bullying and prevent it from recurring.
The October 2014 guidance builds upon letters the Department has issued in recent years concerning schools' legal obligations to fix the problem, including:
- A 2013 dear colleague letter and enclosure by the Office of Special Education and Rehabilitative Services (OSERS) clarifying that when bullying of a student with a disability results in the student not receiving meaningful educational benefit under IDEA, the school must remedy the problem, regardless of whether the bullying was based on the student's disability.
- A 2010 dear colleague letter by the OCR, which elaborated on potential violations when bullying and harassment is based on race, color, national origin, sex, or disability.
- A 2000 dear colleague letter by the OCR and OSERS, which explained that bullying based on disability may violate civil rights laws enforced by OCR as well as interfere with a student's receipt of special education under the Individuals with Disabilities Education Act (IDEA).
Note: State and local laws may provide additional protections on another basis, including sexual orientation. You can find out more about your state’s bullying prevention laws on the federal bullying prevention website, www.StopBullying.gov.