Witnesses to Bullying:
Schools May Not Demand That Only Staff Members Can Prove Bullying
By Heather Hulse, J.D., M.S., M.A.
As a special education attorney for almost twenty years, one of the most concerning things that is consistently reported by students who have been bullied and their families is the dismissal of reported bullying because the school district’s staff did not witness the bullying. Time and time again, families of students that have been bullied report that when their child has, or they have, reported bullying, their school districts have responded in various, yet similar ways: “the teacher did not see anything,” “we have not noticed anything like that,” or “there was nothing on the cameras.” We have too-often learned that the necessary investigations of these matters are incomplete or inaccurate, and such responses are devastating or even offensive to families who are suffering from bullying.
Imagine being a child that is being bullied in school. Your school has anti-bullying posters all over the school and even an anti-bullying assembly for the entire school. You are told you should feel safe in your school, and no one should be allowed to bully you. All you need to do is report the bullying to a teacher, staff member, or you can even write it in a note and place it in a bullying report box. You finally build up the courage to report the bullying, totally aware that you are risking further and more severe bullying for being a “tattle-tale.” The adults who told you that you deserve to feel safe in your school are now telling you that it is not enough that you have reported the bullying and that the bullying would have had to happen in the presence of a staff member or video cameras that do not capture audio recording. Wait, what? So, you don’t believe me? So, not only have you been misinformed about your right to feel safe in your school and that reported bullying would be addressed, now you are made to feel like you are not being truthful and your word cannot be trusted without direct evidence that would not even be required in a court of law.
Moreover, bullying so often does not, by the nature of the action, occur in the presence of school staff. Students who bully other students are quite aware that it is not permitted in school, and they could be subjected to some form of punishment. Thus, bullying behavior occurs in locations where school staff are either limited or non-existent. Bullying happens on school buses, where bus drivers are the only adult on the bus filled with up to 80 students of various ages, grades, and personalities. It happens in locker rooms where staff do not typically enter while students are changing for physical education or athletic activities. It happens in bathrooms where staff do not enter short of extenuating circumstances. Bullying occurs in hallways, cafeterias, and during recess, where there are many students in large locations with few staff members. Of course, bullying is most typically not going to occur in the presence of school staff.
Similarly, unless the bullying is blatantly physical and directly in front of video cameras with no obstruction, bullying behavior would not be visible on school video cameras that are sometimes on school buses and in hallways. There is no audio recording on school video cameras so any kind of verbal bullying would not be something that school video cameras would be able to record. More often than one would think, schools have reported to families that the video cameras are not actually recording, but merely there to deter inappropriate behaviors. Even more often than that, families of students who have reported bullying have been told they are not permitted to view the video footage. Importantly, students are quite aware of the placement of video cameras in their schools and on their school buses, and may avoid engaging in visible bullying in those locations. Finally, we have found the “investigation” by school officials to sometimes fail to review all cameras/relevant times, or to interview all potential witnesses.
School districts are required by law to appropriately address bullying behavior once it is reported to them. It is not at all appropriate to dismiss the report due to a lack of school staff witnessing the bullying or video evidence. If you believe your child has been bullied and your child’s school district is not responding appropriately, please feel free to contact our office. Our initial consultation is free, and these matters are often handled on a contingency basis without hourly fees charged to families.