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HomeMy WebLinkAboutBullying - Direct Human Relations Task Force (HRTF) to condu I / Council/Agency Meeting Held: Deferred/Continued to: �.A ro ed Cond"tionally r ve \ ❑ Denied C" y Cle 's Si ture Council Meeting Date: August 6, 2012 Departme ID Number: CS 12-007 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL. ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Paul Emery, Deputy City Manager/ Interim Director of Community Services SUBJECT: Accept the Human Relations Task Force report regarding Bullying Statement of Issue: The City Council requested that the Human Relations Task Force study the issue of bullying and make a recommendation regarding whether there is a need to adopt an anti-bullying ordinance. Financial Impact: Not Applicable Recommended Action: Motion to: A) Accept the report entitled "Bullying: A Report from the Huntington Beach Human Relations Task Force." Alternative Action(s): Do not approve the recommended action and direct the Human Relations Task Force accordingly. HB -95- Item 3. - I REQUEST FOR COUNCIL ACTION MEETING DATE: 8/6/2012 DEPARTMENT ID NUMBER: CS 12-007 Analysis: On December 19, 2011, the City Council approved a request presented by Council Member Joe Carchio for the city's Human Relations Task Force (Task Force) to study the issue of bullying, prepare a report of their findings, and make a recommendation regarding whether there is a need to adopt a local ordinance to address bullying behavior. Their final report is included as Attachment 1. In summary, it was found that there is no evidence to suggest that the incidence of bullying in Huntington Beach differs from other communities, but that is it likely that 28% to 30% of Huntington Beach children are involved in some form of bullying as either a victim or as the bully. It was also found that there are a number of laws within California, which specifically address "bullying," as well as "cyberbullying" in schools. These laws are separate from those laws, which address school safety and criminal acts as defined in the penal code. Each of the school districts interviewed recognize the seriousness of bullying and have taken and continue to take steps to address the issue beyond the legislative mandates. Meetings were also held with Police Department staff, including the city's two School Resource Officers (SRO). The committee found that the SRO's currently have great flexibility in being able to use their experience and judgment to intervene in acts of bullying as the circumstances warrant. An ordinance could make the SRO's less effective and place unreasonable expectations on their limited resources and time, in that a new ordinance would create an expectation by the public for the Police Department to investigate acts, which would be more appropriately, handled through the schools. Therefore, the Task Force is not recommending that the City Council adopt an anti-bullying ordinance. Strategic Plan Goal: Maintain public safety Environmental Status: Not applicable Attachment(s): 1. Buin : A Report from the Huntington Beach Human Relations Task Force 2. ]�PnlierPoint Summary of Report Findings Item 3. - 2 xB -96- ATTACHMENT # 1 xn-97-- Item 3. - 3 Bullying : A Report from the Huntington Beach Human Relations Task Force Matthew Parr, RN, PHN Joseph Dagley Allan Pogrund, Ed.D. Linda MacDonell, Ed.D. May 2012 City of Huntington Beach Human Relations Task Force 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 HUNTINGTON BEACH Item 3. - 4 HB -98- 2 Table of Contents ExecutiveSummary ................................................................................... 3 Acknowledgements ..................................................................................... 5 Introduction ............................................................................................... 6 Purpose Methodology BullyingOverview ........................................................................................6 Definition Cyber-bullying Prevalence and Incidence Victimization and Impact of Bullying ............................................................... 8 High Risk Populations Sexual Minority Youth CurrentLaws Addressing Bullying .................................................................10 Federal and State Level County and City HuntingtonBeach Police Department .............................................................11 Huntington Beach School Districts' Anti-Bullying Programs ................................ 12 Huntington Beach City School District Ocean View School District Huntington Beach Union High School District Conclusionand Recommendations ................................................................ 13 References ................................................................................................15 Appendices ...............................................................................................16 Appendix A. California Penal Code Violations Applied to Bullying HB -99- Item 3. - 5 3 Executive Summary At the request of the Huntington Beach City Council, the Human Relations Task Force conducted a study on bullying in Huntington Beach. The objective was to evaluate the findings and make a recommendation to the Council as to whether an ordinance was needed to address .the issue specifically. The limitations of this study include a lack of reliable and valid local data, the use of unstructured, informal interviews and small sample sizes. This study focused only on children, primarily traditional middle and high school students, and does not address issues concerning adults (i.e. work-place bullying). Summary of Findings. There are many definitions of bullying, however it is generally accepted that there are three components to bullying: repetition, intent to harm, and an imbalance of power. In California "bullying" is defined by statute in the California Education Code and includes both physical and verbal acts as well as those by electronic means. Research has shown that victims of bullying are disproportionately from already vulnerable populations including the disabled and sexual minority youth. Based on reviews of empirical research, interviews with law enforcement personnel, school administrators, students and members of the community there is no evidence to suggest that the incidence of bullying in Huntington Beach differs from other communities — it is likely that 28% to 30% of Huntington Beach children are involved in some form of bullying as either a victim or as a bully. In California there are three laws which specifically address "bullying" as well as "cyber- bullying" in schools in addition to those which address school safety and criminal acts defined in the penal code which addresses bullying-related behaviors. There is limited or no current law protecting individuals from those acts of bullying which do not meet the level of a penal code violation which occur away from the school grounds. Each of the three school districts in Huntington Beach recognizes that bullying is a serious problem and is attempting to address the issue as directed by recent state legislation. In fact, all three local districts have taken steps beyond their legislative mandates. Many of the programs currently in place are focused on student, parent and staff education. Unfortunately, there is no reliable empirical evidence to support the effectiveness of this approach. Recent legislation including AB 9 (Seth's Law) has not been fully implemented but will be in place beginning with the 2012—2013 school year. Item 3. - 6 HB -100- 4 The Huntington Beach Police Department opposes a new ordinance addressing bullying. Currently, there are only two officers assigned as school resource officers (SRO) for Huntington Beach's 44 schools. The SRO's currently have flexibility and are able to use their extensive experience and judgment to intervene in acts of bullying responding to the circumstances. An ordinance could make the SRO's less effective and place unreasonable expectations on their limited resources and time. Without an understanding of what constitutes bullying by the public, the HBPD believes a new ordinance would create an expectation by the public for the department to investigate acts which would be more appropriately handled through the schools. Conclusion and Final Recommendations. Bullying is a serious problem with long- term consequences which potentially threatens the safety and well-being of Huntington Beach children and young adults. After careful consideration of all of the factors involved, the HRTF has concluded that a specific anti-bullying ordinance is not needed in Huntington Beach. However, the task force has identified a number of interventions related to bullying and makes the following recommendations: • Adoption of a"Declaration Against Bullying" • Sponsorship of a series of events aimed at raising awareness within the community • Commission of an annual bullying survey • Promotion of a city-wide reporting system • Implementation of a periodic review of issues affecting those victims from vulnerable populations HB -101- Item 3. - 7 5 Acknowledgements The Huntington Beach Human Relations Task Force would like to acknowledge the following persons and organizations for their contributions of time, resources and expertise that were used in preparing this report: Huntington Beach City School District Ocean View School District Huntington Beach Union High School District Huntington Beach Police Department School Resource Officers Derek Young and Vickie Schroyer Orange Coast Memorial Medical Center Emergency Nursing Staff Orange County Human Relations Commission Orange County Sheriff's Department Deputy Sheriff Quyen Young David De Haas, M.D. & CEP America Item 3. - 8 HB -102- 6 Introduction Purpose. The purpose of this report is to provide the results of a study on the issue of "bullying" in Huntington Beach and to make a recommendation to the Huntington Beach City Council as to whether there is a need for a city ordinance to address the behaviors associated with bullying. Submitted by Councilmember Joe Carchio—Direct the Human Relations Task Force to conduct a study of the issue of"bullying"in Huntington Beach and report findings to City Council Recommended Action: Direct the Human Relations Task Force to conduct a study of the issue of"bullying"in Huntington Beach and prepare a report of their findings for the City Council. The report shall include a recommendation concerning whether there is a need to adopt a local ordinance to address this type of behavior. Staff in the police department shall assist the Human Relations Task Force in the preparation of this report. Methodology. An ad hoc committee of the Human Relations Task Force ("bullying committee") was created to study the issue of bullying in Huntington Beach. The bullying committee began with an extensive review of the current literature related to the terms "bullying," "bullying related behaviors," and "cyber-bullying." Members of the bullying committee met with representatives of the Huntington Beach Police Department (HBPD) on two occasions, attended an educational conference on bullying and cyber-bullying presented by the Orange County Sheriff's Department and Community Services Program, Inc. (CSP), interviewed representatives of the local school districts, and sought input informally from students, parents and community residents, healthcare providers and other potential stakeholders. The bullying committee met several times over the course of conducting this study and reported monthly to the Human Relations Task Force. Bullying Overview Definition. "Bullying" is defined in the California Education Code Section 48900 as "any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act..." The conduct or behavior must have, or be reasonably predicted to have, at least one of the following effects on the victim: • Fear of harm to person or property • Detrimental physical or mental health • Substantial interference with academic performance HB -103- Item 3. - 9 7 • Substantial interference with ability to participate in or benefit from the services, activities, or privileges provided by a school While there are many definitions available, there are common components that qualify a behavior or act as bullying. With bullying there is a real or perceived imbalance of power between the bully and the victim. Victims may be unable or have a hard time defending themselves. The actions of the bully toward the victim have the intention of causing harm. With bullying there is repetition — the actions or behaviors toward the victim happen over and over. Bullying can take many forms including direct verbal or physical acts; indirect social attacks; and in the form of cyber-bullying (U.S. Department of Health and Human Services website, 2012). Types of Bullying Components of Bullying Behavior • Verbal: name-calling,teasing • Imbalance of power • Social: spreading rumors, • Intent to cause harm leaving out on purpose,breaking • Repetition up friendships • Physical: hitting,punching, shoving • Cyber-bullying: using the internet,mobile phones and other technology to harm others Cyber-bullying The proliferation of computers and mobile phones with internet access has led to a dangerous form of bullying known as cyber-bullying. Examples of cyber-bullying include • Sending hurtful, rude or mean text messages to others • Spreading rumors or lies about others by e-mail or on social networks • Creating websites, videos or social media profiles that embarrass, humiliate, or make fun of others Cyber-bullying is very different from face-to-face bullying because messages and images-can be sent instantly 24 hours a day, 7 days a week and shared to a very wide audience in a short time anonymously. Monitoring, preventing and addressing incidents of cyber-bullying pose new challenges to parents, educators and law enforcement due to unfamiliarity with the technology used, lack of resources and jurisdictional questions (Vuong, 2012). Item 3. - 10 HB -104- 8 Facts About Cyber-bullying • 1 in 4 teens in a relationship(25%)say they have been called names,harassed,or put down by their partner through cell phones and texting • Only 20%of girls who were bullied online knew who was bullying them. 27%of girls who were bullied decided to retaliate by bullying the person who bullied them. • Only 20%of victims informed a parent or another adult. • 43%of youth report that they have experienced some form of cyber bullying in the last year. • The incidence of cyber-bullying is most prevalent among 15-and 16-year-olds, particularly among girls • Teen cyber bullying victims are twice as likely to talk to a friend about a bullying incident as to talk with their parents or another adult. Source: Orange County Human Relations Commission Prevalence and Incidence Bullying is a widespread problem and"perhaps the most underreported safety problem on American school campuses" (U.S. Department of Justice, Office of Community Oriented Policing Services, 2002, p. 1). A study by the National Education Association estimated that 160,000 children miss school daily due to fear of attack or intimidation by other students and more than 30% of school age children are affected by bullying on a monthly basis (Bradshaw, Waasdorp, O'Brennan, & Gulemetova, 2011). Federally collected data indicates that, nationwide, 20% of students in grades 9-12 experience bullying (Centers for Disease Control and Prevention, 2010) and 28% of students in grades 6-12 experience bullying (National Center for Education Statistics and Bureau of Justice Statistics, 2011). Additional statistics compiled by Orange County Human Relations are presented as an Appendix. Victimization and Impact of Bullying The impact of bullying has been documented through empirical studies and through coverage of some high-profile cases by the news media. Bullying has been shown to have long- lasting consequences for victims, bullies and for those who witness incidents of bullying. Victims of bullying tend to be "more insecure than most children and react passively and anxiously to situations...they tend to be physically smaller and weaker and are often cautious, sensitive and quiet" (Weir, 2001, p. 1249). Victims are more likely to exhibit poor academic performance and to experience long-term negative health impacts including anxiety, depression and physical ailments including headaches, unexplained abdominal pain and fatigue (Monahan, 2011). HB -105- Item 3. - 11 9 People Who Bully Others • Have a higher risk of abusing alcohol and other drugs in adolescence and as adults • Are more likely to get into fights,vandalize property,and drop out of school • Are more likely to engage in early sexual activity • Are more likely to have criminal convictions as adults. In one study,60%of boys who bullied others in middle school had a criminal conviction by age 24 • Are more likely to be abusive toward their romantic partners and children as adults People Who Witness Bullying • Have increased use of tobacco,alcohol or other drugs • Have increased mental health problems,including depression and anxiety • Are more likely to miss or skip school Suicide and Suicidal Ideations. The most serious consequence of bullying is youth suicide. The Centers for Disease Control and Prevention (2007) reported that suicide has become the third leading cause of death in teens. While overall youth suicide rates have decreased, "upward trends were identified in the 10- to 19-year-old age group" (Hinduja & Patchin, 2010, p. 206). Hinduja & Patchin (2010) attribute this increase to the evolving nature of adolescent peer aggression resulting from the proliferation of information technology. The phenomenon of suicide associated with cyber- bullying is now referred to as cyberbullicide. Suicide is among the leading causes of death of children under 14 and suicide rates among 10 to 14 year olds have increased 50 percent over the last 3 decades. Special Risk Populations Both traditional forms of bullying and cyber-bullying tend to victimize specific populations at a significantly higher rate and include obese, chronically ill, disabled, gifted and sexual minority youth (National Center for Education Statistics and Bureau of Justice Statistics, 2011). Sexual Minority Youth. "Gay, lesbian, bisexual, transgender, questioning and intersex (GLBTQI) youth, and those perceived to be GLBTQI, face extensive verbal and physical bullying in schools" (Varjas et al., 2008, p. 59). Many interventions addressing bullying may not always apply to this population and they require special protections as they are less likely.to report bullying and in many cases, for safety reasons, are unable to inform a parent or other adult when they are subjected to bullying. A summary of additional findings as published by The Trevor Project(2012) is provided in Table 1. Item 3. - 12 HB -106- 10 Table 1. Facts about Lesbian, Gay, Bisexual and Transgender Youth • Nine out of 10 LGBT students(86.2%)experienced harassment at school;three-fifths(60.8%)felt unsafe at school because of their sexual orientation; and about one-third(32.7%)skipped a day of school in the past month because of feeling unsafe(GLSEN National School Climate Survey 2009). • LGBT students are three times as likely as non-LGBT students to say that they do not feel safe at school (22%vs. 7%)and 90%of LGBT students(vs. 62%of non-LGBT teens)have been harassed or assaulted during the past year.(GLSEN From Teasing to Torment 2006) • Sexual minority youth,or teens that identify themselves as gay,lesbian or bisexual,are bullied two to three times more than heterosexuals. (Nationwide Children's Hospital, Columbus,OH 2010) • Lesbian,gay,and bisexual adolescents are 190 percent more likely to use drugs and alcohol than are heterosexual teens(Marshal MP,Friedman MS,et al—Addiction 2008). • It is estimated that between 20 and 40 percent of all homeless youth identify as lesbian,gay,bisexual, and/or transgender(2006 National Gay&Lesbian Task Force:An Epidemic of Homelessness). 62%of homeless LGB youth will attempt suicide at least once—more than two times as many as their heterosexual peers(Van Leeuwen JMm et al—Child Welfare 2005) Current Laws Addressing Bullying Federal and State Level. There is no Federal law that directly addresses bullying. The State of California has several laws addressing bullying in schools (Table 2.). While the State has provided for a definition of bullying and recognizes cyber-bullying as a form of bullying, none of the current legislation provides for any criminal sanctions nor does it address bullying that occurs outside of school unless the acts meet the definition of a penal code violation (Appendix). County and City Level. As of the date of this report, no city in Orange County has adopted any ordinance addressing the issue of bullying (Huntington Beach Police Department). In the present environment, before any act of bullying is addressed by law enforcement it must rise to the level of a penal code violation. Nationwide, there is a trend for cities to adopt ordinances addressing the issue bullying. There is no available data at this time to determine the effectiveness of these efforts however. • Ridgefield,NJ-Called for the formation of a committee which will receive bullying complaints and will be tasked to investigate them and to recommend remedial action. • Detroit,MI-Made bullying of any person younger than 18 on public grounds a misdemeanor • Asheville,NC-Enacted an anti-bullying ordinance for all city institutions and grounds • Milton,WI-Enacted ordinance to allow the police department to fine students who bully and harass others. The ordinance covers physical,verbal and cyber-bullying HB -107- Item 3. - 13 11 Table 2. California Legislation Addressing Bullying and Bullying Related Behaviors AB 9"Seth's Law"(2011). • Requires school policy and investigation processes. • Named after 13 year old Seth Walsh who committed suicide after being harassed about sexual orientation and identity AB 1156(2011). • Expanded the definition of bullying and connected it to academic performance. • Notes that bullying causes a substantial disruption and detrimental effect on students. • Encourages training for school officials. • Creates provisions to remove victim from the"unhealthy setting." AB 746(2011). • Language of the law includes student behaviors on social networking web sites. • Adds bullying by electronic means as ground for suspension from school. SB 719(Bullying Prevention for School Safety and Crime Reduction Act of 2003) • Constitutional right to be safe and secure in their persons at school(by amendment to Educ. Code) • Requires school districts in cooperation with law enforcement to develop comprehensive school safety plans AB 79(2001). • Requires the Department of Education to develop model policies on the prevention of bullying and on conflict resolution • Makes the model policies available to school districts and authorizes school districts to adopt one or both policies for incorporation into the school safety plan. AB 86(2008)Pupil safety. • Gives school officials grounds to suspend a pupil or recommend a pupil for expulsion for bullying, including,but not limited to,bullying by electronic act. S.B.257(2001) • Specifies that, for school and law enforcement partnership purposes, school crime includes hate crimes and requires the comprehensive school safety plan to include development of a discrimination and harassment policy,as specified,and development of hate crime reporting procedures. A.B.499 (1998) ® Charges the State Board of Education to develop guidelines,adopt policies,and fund programs to create a school environment free from discriminatory attitudes and hate violence. Huntington Beach Police Department Input from the Huntington Beach Police Department (HBPD) was sought throughout the process of preparing this study. Task Force members met with both School Resource Officers, SRO's Shroyer and Young, as well as the HBPD liaison to the HRTF, Sgt. Dierking. All three officers recognize that bullying is a problem, however, they also expressed opposition to any new ordinance specifically addressing"bullying" for the following reasons: Item 3. - 14 HB -108- 12 • The term "bullying" is being overused in the public and being misapplied to many behaviors which do not fall under the definition of bullying • Students for various reasons do not report being bullied to the SROs or to others • The majority of bullying cases which are reported are effectively handled by the schools and rarely result in referral to the SROs • Huntington Beach has only two officers serving 44 schools • There are currently laws in place to prosecute individuals when their actions reach a level requiring interventions beyond that for which the schools are authorized The primary concern of the HBPD is that a new ordinance would generate calls to the police department from the public to report bullying. This would place a burden on the department's resources to conduct investigations of these incidents when the majority would either not meet the definition of bullying or would have been more appropriately handled through the schools or more informal interventions. Huntington Beach School Districts' Anti-Bullying Programs Special Acknowledgements Dr.Gregg Haulk,Huntington Beach City School District Dr.William Loose,Ocean View School District Dr.Greg Plutko, Huntington Beach Union High School District Each of the three Huntington Beach School Districts is strongly committed to addressing the issue of bullying, as stated by each superintendent during personal interviews. All three have initiated interventions beyond that of their legislative mandates and welcomed additional community support including the following: • Provide guest speakers to the high schools' annual assembly • Provide anti-bullying signage • Support community efforts to enhance parent education Huntington Beach City School District Superintendent Gregg Haulk, cited an extensive program in his district including the following measures (G. Haulk, personal communication, March, 2012): • Training for teachers with a strong focus by the board of education • A goal to increase parent education • An emphasis on addressing the growing threat of cyber-bullying. HB -109- Item 3. - 15 13 Ocean View School.District The district is implementing a district-wide anti-bullying program. The district is utilizing the California School Boards Association Model and definition for bullying. The district has utilized a comprehensive program for all schools in the district entitled, "Developing School-Wide Positive Behavioral Intervention Systems Model." The district has already implemented the program Positive Social Behaviors and Anti-Bullying Interventions (W. Loose, personal communication, March, 2012). Huntington Beach Union High School District Superintendent Plutko reported extensive measures to address the problem of bullying. A plan for each school and a district-wide program addressing bullying has been developed and continues to evolve. Peer mediation has been initiated for students involved in behavioral issues including bullying. A tip line has also been implemented in response to bullying (G. Plutko, personal communication, March, 2012). Conclusion and Recommendations The Human Relations Task Force recognizes that bullying is a serious problem which potentially threatens the safety and well-being of Huntington Beach children, adolescents and young adults. After careful consideration of the findings of this study, the potential impact on city resources and the effect any action or lack thereof could have on current victims of bullying the following is recommended by the HRTF: 1. The Council adopt a"Declaration Against Bullying" acknowledging that bullying is a serious problem and stating that it will not be tolerated in any form on public grounds. 2. The City of Huntington Beach, in coordination with local school districts and other organizations, sponsor a series of events aimed at raising awareness and directed toward students, parents and the public at-large. Suggested events include a. Sponsoring speakers and discussions at local schools b. Holding a city-wide anti-bullying art contest c. Sponsoring a movie series at the Central Library 3. The Council commission a voluntary annual standardized, validated survey such as the Olweus Bullying Questionnaire to be administered to Huntington Beach middle Item 3. - 16 HB -110- 14 ..and high school students in order to provide local data and to monitor the effectiveness of anti-bullying interventions. 4. The City of Huntington Beach, in coordination with the local school districts and Huntington Beach Police Department's School Resource Officers, develop and promote a city-wide reporting system for victims, parents and witnesses of bullying to report bullying related behaviors and to obtain information on how to access support resources if needed. 5. The Huntington Beach Human Relations Task Force periodically reviews the issue of bullying and assesses the need for further interventions, especially the needs of those victims identified in this report as being from an already vulnerable population. While there is no quick fix to the issue of bullying, the HRTF believes that these suggestions will benefit those affected by bullying and greater Huntington Beach community. Combined with other efforts described herein, these interventions will raise the level of public awareness and potentially serve as a catalyst for further dialogue while making a strong statement in support of the parents and victims of bullying-related behaviors. The Olweus Bullying Questionarre(OWB)is available for online administration through the Hazelden Foundation at a cost of 0.95 cents per student. Additional information and a sample report can be found at http://www.featraining.org/documents/bullying/Olweus_Sample_Standard School_Report.pdf HB -111- Item 3. - 17 15 References Bradshaw, C. P.,Waasdorp, T. E., O'Brennan,L. M., & Gulemetova,M. (2011).Findings from the National Education Association's nationwide study of bullying: Teacher's and education support professionals'perspectives. Retrieved from National Education Association website: http://www.nea.org/assets/img/content/Findings_from NEAs Nationwide_Study_of Bullying.pd f Centers for Disease Control and Prevention. (2010).Youth risk behavior surveillance -United States, 2009. Morbidity and Mortality Weekly Report, 59(SS-5). Retrieved from http://www.cdc.gov/HealthyYouth/yrbs/index.htm Hinduja, S., &Patchin,J. W. (2010). Bullying, cyberbullying, and suicide.Archives of Suicide Research, 14, 206-221. doi:10.1080/13811118.2010.494133 Monahan, E. (2011). The effects of bullying on children in school. Retrieved from http://www.livestrong.com/article/127606-effects-bullying-children-school/ National Center for Education Statistics and Bureau of Justice Statistics. (2011). Student reports of bullying and cyber-bullying: Results from the 2009 school crime supplement to the national crime victimization survey(LACES 2011-336). Retrieved from U.S. Department of Education website: http://nces.ed.gov/pubs20ll/2011336.pdf Orange County Human Relations Commission. (n.d.). Bullying resources and information. Retrieved April 9,2012, from http://egov.ocgov.com/ocgov/Info%20OC/Departments%20&%20Agencies/OC%20Human%20 Relations/BRIDGES%20School%20Programs/Bullying%20Resources The Trevor Project website. (2012). http://www.thetrevorproject.org U.S. Department of Health and Human Services website. (2012).http://www.stopbullying.gov U.S. Department of Justice,Office of Community Oriented Policing Services. (2002). Bullying in schools. Retrieved from U.S. Department of Justice, Office of Community Oriented Policing Services website: http://www.cops.usdoj.gov/pdf/el20ll4O5.pdf Varjas,K., Dew, B.,Marshall,M., Graybill, E., Singh,A.,Meyers,J., &Birckbichler,L. (2008). Bullying in schools towards sexual minority youth.Journal of School Violence, 7(2), 59-80. doi:10.1300/J2020702 05 Vuong, Q. (2012,March). Teen cyber&school bullying: Trends,policies, and resources. Paper presented at the Victims' Rights Conference, Costa Mesa, CA. Weir, E. (2001). The health impact of bullying. Canadian Medical Association Journal, 165(9). Retrieved from http://www.ecmaj.ca Item 3. - 18 HB -112- 16 Appendix A. California Penal Code(C.P.C.)Violations Applied to Bullying C.P.C. 240—Assault(Misdemeanor). An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. C.P.C. 242-Battery(Misdemeanor). A battery is any willful and unlawful use of force or violence. C.P.C. 273 a(b)—Child Cruelty(Felony). Willfully cause or permit a child to suffer, or inflict on child, unjustifiable physical pain or mental suffering. C.P.C. 415 —Disturbing the Peace (Misdemeanor). Any person who: 1) unlawfully fights in a public place 2) challenges another person in a public place to a fight, or 3.) uses offensive words to promote an immediate violent reaction C.P.C. 528.5 (a) — Identity Theft (Misdemeanor). Knowingly and without consent credibly impersonates another actual person through or on an Internet Web site or by other electronic means for purposes of harming, intimidating,threatening, or defrauding another person. C.P.C. 646.9—Stalking (Misdemeanor or Felony). Willfully, maliciously, and repeatedly harass, make a credible threat, with intent to place that person in reasonable fear for their safety. C.P.C. 422— Criminal Threats (Felony). Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement,made verbally, in writing, or by means of an electronic communication device. C.P.0 653 (m) — Annoying/Threatening Communication (Misdemeanor). Every person who, with intent to annoy, telephones or makes contact by means of electronic communication device any obscene language or addresses to the other person any threat to inflict injury to the person or property of the person. HB -113- Item 3. - 19 ATTACHMENT #2 Item 3. - 20 He -114- bd cfii1 bt. 'GT . CD N �s � ate„ � �., � "� / ,�' �•,yn � �� �; �y r+ CD WSuIr"Ilm a rx N N ® Direction given to the Human Relations Task Force at December 19, 2011 , Council Meeting to study the issue of bullying, prepare a report, and make a recommendation regarding the adoption of an ordinance • Task Force formed Ad Hoc Committee - Joe Dagley, Chair; Linda MacDonell, Ed.D.; Matthew Parr, RN, PHN; and Allan Pogrund, Ed. D • Ad Hoc Committee met with local school districts, the ®range County Department of Education, ®range County Human Relations, and H B PD Definition of Bullying ME In general — the three components to bullying include repetition, intent to harm, and an imbalance of power California Ed® Code Section 48900 defines bullying as — any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act. . . " CD a--a r+ fD W N Uqutmition of Bullying -P The bullying behavior must have, or be reasonably predicted to have, at least one of the following effects on the victim — x Fear of Harm to Person or Property 0 Detrimental to Physical or Mental Health 0 Substantial Interference with Academic Performance 0 Substantial Interference with ability to participate in or benefit from the services, activities, or privileges provided by a school • • f 0 . " a igni • No evidence was found to suggest that the incidence of bullying in HB is any different than other communities • Likely that 28% to 30% of children are involved in some form of bullying either as the victim or as the bull y g y • There are a number of laws currently in place within California that specifically address bullying as well as cyber bullying w CD W i mo% dings N • mnricant Fh , Meetings with HBP ® staff revealed that there are only two school resource officers to cover the city' s 44 schools The SRO' s currently have extensive experience and judgment in intervening in acts of bullying based on the circumstances N O Concern that a new ordinance would create a public expectation that the HBPD would be forced to investigate all incidents, including those that would be more appropriately handled by the schools Recommend a ME EM Based on interviews with school district officials, HBPD personnel, students and community members, the Task Force is recommending: ® A specific anti-bullying ordinance is not needed ® Adopt a Declaration Against Bullying ® Sponsor a series of events to raise awareness of the issue N 0 Commission an annual bullying survey ® Promote a citywide reporting system Implement a periodic review of issues affecting vulnerable bullying victim populations W o B �� CITY OF HUNTINGTON BEACH TO: Honorable Mayor and Cit c il Members FROM: Council Member, Joe Ca DATE: December 19, 2011 SUBJECT: CITY COUNCIL MEMB R ITE OR DECEMBER 19, 2011, CITY COUNCIL MEETING — BULLYING STATEMENT OF ISSUE: The subject of"bullying" has received a great deal of media attention in recent months following the suicides of young people who were the victims of this type of behavior. Bullying is a form of violence motivated by hate. Examples of bullying include hitting, kicking, spitting on, pushing, teasing, threatening, name calling, intimidating, social ostracism, spreading rumors and many others. Bullying can also occur through the Internet and other forms of technology. This is known as cyber bullying. It is sending or posting hurtful material. Bullying is not new. It has been a long established behavior in our society that has often been ignored as a "normal part of growing up". However, research has shown that there are severe long-term consequences for both the targets and the bullies. I have been contacted by a number of Huntington Beach residents who are concerned about the issue of bullying and its impact on children. They, and I, would like to know if this type of hate motivated behavior is a problem in Huntington Beach and whether appropriate steps are being taken to protect our children and effectively deal with those who bully others. The City of Huntington Beach adopted a Declaration of Policy about Human Dignity which, in part, states, "...everyone should be treated with courtesy and respect, regardless of their racial background, their nation of origin, the religion they practice, their sexual orientation, gender or disability status. It is the right of all citizens to pursue their daily lives with the knowledge that they will not be physically harmed or verbally abused." A Human Relations Task Force has been established to advise us on these issues. We are fortunate in Huntington Beach to have a dedicated group of residents serving on our Human Relations Task Force, and I believe they are the appropriate group to research and advise us on the issue of bullying in our community. RECOMMENDED ACTION: Direct the Human Relations Task Force to conduct a study of the issue of"bullying" in Huntington Beach and prepare a report of their findings for the City Council. The report shall include a recommendation concerning whether there is a need to adopt a local ordinance to address this type of behavior. Staff in the police department shall assist the Human Relations Task Force in the preparation of this report. Cc: Fred Wilson, City Manager Paul Emery, Deputy City Manager Bob Hall, Deputy City Manager Ken Small, Police Chief # 6 Jennifer McGrath, City Attorney 9 -0 Recommended Action: Direct staff to prepare an ordinance permitting the sale and use of state- approved "safe and sane" fireworks on a two-year trial basis. The ordinance shall include provisions to address specific areas where fireworks would be prohibited such as City beaches, City parks, environmentally sensitive areas, and the downtown business district. The ordinance shall also address areas of concern including permits, dates of sale, date and hours of discharge, fireworks stand locations, 24-hour security, and fees to offset City costs. Approved 5-2 (Shaw, Boardman no) 31. Submitted by Councilmember Joe Carchio - Direct the Human Relations Task Force to conduct a study of the issue of"bullying" in Huntington Beach and report findings to City Council Recommended Action: Direct the Human Relations Task Force to conduct a study of the issue of "bullying" in Huntington Beach and prepare a report of their findings for the City Council. The report shall include a recommendation concerning whether there is a need to adopt a local ordinance to address this type of behavior. Staff in the police department shall assist the Human Relations Task Force in the preparation of this report. Amended by consensus to direct the Human Relations Task Force to also create a subcommittee to include members of the school districts and a Council liaison to study bullying in schools, and to develop a policy for implementation in schools if needed/desired. Approved as amended 7-0 COUNCILMEMBER COMMENTS (Not Agendized) Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman reported, ADJOURNMENT — 10:12 PM The City Council, Redevelopment Agency, Public Financing Authority regular meeting of January 3, 2012 has been cancelled (approved by Council October 3, 2011) due to the holiday closure. *There will be a Special Meeting held on Monday, January 9, 2012, at 4:00 PM in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. The next regularly scheduled meeting is Tuesday, January 17, 2012, at 4:00 PM in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/REDEVELOPMENT AGENCY/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS LOCATED UNDER THE "GOVERNMENT" TAB AT http://www.huntingtonbeachca.gov City Council RDA/PFA Meeting December 19, 2011 -13-