Posts Tagged ‘Law’

Schools Should Become More Involved With Cyberbullying

October 8, 2011

At present schools have been able to turn a blind-eye to cyberbullying.   As the offence occurs out of school hours, schools have been only too happy to handball the problem to the parents of the bully.  Whilst I believe that parents are ultimately responsible for the actions of their children, I ask that schools do more to help deal with this ongoing problem.

The reason why I feel schools should involve themselves more actively with this issue is that most cases result from pre-existing schoolyard bullying.  Having started in the playground and classroom, the bullying then gets transferred online.  Whilst the school isn’t liable for what goes on after school, the problem is often a result of what started during school hours.

To me, the best schools are the ones that work with the parents in a partnership for the wellbeing of their students.  For a school to excel it needs to show that it cares about its students beyond its working hours.  That is why a teacher or staff member that is aware of cyberbullying must be able to do more than discuss the issue with the class.  They must be able to contact parents, impose sanctions and actively change the situation at hand.

We also have to understand what cyberbullying is and why kids do it.

I disagree with ABC online columnist, Hemu Nigam, who is of the view that cyberbullying is about “hating” others:

Suicides from cyberbullying are extreme cases that draw attention. Media and government attention are creating a panic around the wrong issue. The issue isn’t so much that a child killed himself because he was cyberbullied. He did it because he was subjected to hate crime — harassment based on sexual preference, race and the like — couldn’t get it to stop, and felt hopeless, eventually leading to suicide. Thus, the attention needs to go to the source. How do you teach young people to be kind, open, or at the very least accepting of kids different from them?

If we are to ever put a stop to bullying — wherever and however it takes place — we must step back for a moment and think of what we have done for many years before “cyber” became an indelible part of our language.

I am reminded of this lesson my father taught my brothers and me as we were growing up. Like many kids do, we would say we “hated” something or someone. Perhaps it was a certain food or a person in our school. My father always reminded us not to hate by not allowing us to use the word “hate.” We could simply express our feelings by talking about what we didn’t like about a thing or agree with about a person.

As we adopted this house rule, we found ourselves talking about things and people we liked more than the things and people we didn’t like. Today I find myself sharing the same lesson with my own children. I am hearing them talk about things they like about a person or thing without mentioning hate. The lessons that strengthen tolerance begin in the home, “cyber”-connected or not.

It is my belief that cyber-bullying is often based on “dominance” and “popularity” rather than “hate”.  I don’t think most cyberbullies hate their victims.  Instead, I think they see them as stepping-stones to wider acceptance from their peer group.  Often the victims are minorities or outcasts.  The pressure to be in the “in group” has always been high.  For an “in group” to exist there needs to be a clearly defined “out group”.  It is often seen as a sort of right of passage for someone seeking popularity to kick the easy target.

If my theory is right, there is even more reason for schools to see cyberbullying as a problem that they have a significant share in.

Court Ruling Forces Teachers to Act Like Police Officers

October 6, 2011

Why is it that Government and now the courts think it’s appropriate to constantly change our role and responsibilities?  Why can’t we do the job we have been doing for centuries without having to take on new unfamiliar duties?

A 14-Year old was acquitted for holding up a service station and stabbing the attendant because the teacher he confided in reported it rather than caution him.  Apparently, the teacher had a duty to warn the student about his legal rights.  Because the teacher failed to have that discussion, the child got off.

TEACHERS could be forced to warn students as young as 10 about their legal rights before counselling them after a remarkable court decision.

A 14-year-old boy who confessed to his teacher that he robbed a service station and stabbed the attendant with a knife, has been acquitted after the District Court refused to allow the teacher’s statement into evidence because he had not “cautioned” the boy.

It could change the way teachers and students relate to each other, NSW Teachers Federation President Bob Lipscombe said yesterday.

“This is potentially very serious for teachers,” Mr Lipscombe said.

“Teachers are expected to provide advice, assistance and counselling to young people on a daily basis and during the course of that, many things are disclosed to teachers.

“Most are fairly insignificant but often there are matters disclosed that are quite significant and in such cases teachers have never been advised that they can only act on information if they have previously cautioned the student,” Mr Lipscombe said.

The federation was taking urgent legal advice, he said.

“No teacher in the course of their work would caution students in the way this case states,” he said.

“Clearly this teacher did think he was doing the right thing and acting responsibly.”

Last time I checked teachers were neither police officers or lawyers, so why should we be expected to act like them?  Surely this teacher acted responsibly, first for consulting his/her superior and then for reporting the matter.

What do they mean by giving a caution anyway?

“Next time, I recommend you not stab the person.  He may get hurt.”

Yet another ridiculous and insane development for Australian teachers.

Every Teacher’s Worst Nightmare Realised

September 19, 2011

I commend all students brave enough to speak out against teachers who have abused them physically or emotionally.

To those students who make up false allegations, I hope you realise what damage such a claim makes to the teacher and his/her family.  Shame on you!

I hope William Stuart’s story serves as a reminder for such misguided and selfish students to think carefully about the implications of a false allegation:

After a 23-year unblemished career as a teacher, William Stuart was arrested six months ago and accused of assaulting a 15-year-old girl in a corridor at Graham School, Scarborough.

During the court case, magistrates heard that the girl and friends had smeared an iced bun over the wall of the school canteen. Mr Stuart, an assistant head teacher, had shouted at the group to remain in the dining hall to clean up but the girl refused and began to walk away.

It was then, according to the girl’s testimony, that a “really, really angry” Mr Stuart followed her and backed her up on to coat pegs before pushing her to the floor.

Mr Stuart’s account was very different. The girl barged into him several times and threw a punch as he tried to block her path.

On Thursday it became clear whose version the magistrates believed. Mr Stuart was acquitted with the full endorsement of the bench and to cheers from the packed court. His wife, Sarah, cried tears of relief that the family’s nightmare was finally over.

Whilst we must severely punish any teacher found dealing inappropriately with students we must also do everything we can to deter students from making erroneous claims against their teachers.

Mr Stuart was just doing his job.  He did absolutely nothing wrong.  Yet for 6 months he had lost everything.

Let Our Students Think For Themselves

September 14, 2011


Be very wary of a teacher with an agenda.

Teachers have opinions – that’s a given.  They have beliefs about religion, politics, etc.  But teachers do not have the right to use their classroom as a platform for spreading their convictions.  Teachers must allow their students to think for themselves and reach their own conclusions.

Unless the school is a private religious school or the subject is Bible Studies a teacher does not have the right to deviate from the curriculum to canvass their religious beliefs.  That is why the Supreme Court in the U.S. got it absolutely right when they handed down a ruling that disallowed such a practice:

Saying a high school teacher has no right to “use his public position as a pulpit,” a federal appeals court ruled Tuesday that a San Diego County school district was on solid legal ground when it ordered a math instructor to remove large banners declaring “IN GOD WE TRUST” and “GOD SHED HIS GRACE ON THEE.”

Those inscriptions and others that longtime teacher Bradley Johnson displayed on his classroom wall amounted to a statement of religious views that the Poway Unified School District was entitled to disavow, said the Ninth U.S. Circuit Court of Appeals in San Francisco.

Under U.S. Supreme Court rulings, the appellate panel said, government employees, including public schoolteachers, have no constitutional right to express views in the workplace that contradict their employer’s rules or policies.

“Johnson took advantage of his position to press his particular views upon the impressionable and captive minds before him,” said Judge Richard Tallman in the 3-0 ruling, which reversed a lower-court decision in the teacher’s favor.

The district “acted well within its constitutional limits in ordering Johnson not to speak in a manner it did not desire,” Tallman said.

The two banners, each about 7 feet by 2 feet, contained references to God from U.S. documents and patriotic songs. One quoted the Declaration of Independence passage that all men are “endowed by their CREATOR” with unalienable rights.

If Mr. Johnson wanted to inspire his students to respect or even adopt his religious beliefs he should have disposed of the signs long ago and instead tried a far less invasive strategy.  He should have concentrated on being a role model, acting with integrity, commanding respect from his students and making a good impression.
He may have had some or all of those character traits, none of which required cheesy signs.  The best way to make someone follow in your footsteps is to lead by example not creating loud billboards.

 

Teacher Escapes With 3-Month Ban for Kissing Student

September 13, 2011

Unprofessional behaviour sets a terrible example for teachers and undermines the essence of what teaching is all about.  Parents send their kids to us hoping we can help make them safe and take care of them.  When teachers break that trust and cross the line of professional standards there must be consequences befitting the crime.

To get a three-month suspension for kissing a student is a disgrace that cheapens the entire teaching profession:

Emma Walpole, 28, had accepted lifts from three of her year 13 pupils — aged 17 or 18 — and made sexually provocative comments to one during the journey. She invited another into her home where she tried to give him alcohol and kiss him.

She admitted unacceptable professional conduct. In a ruling published by the General Teaching Council, the committee said that Miss Walpole would be suspended for three months but felt further sanctions were not necessary as she had expressed remorse and it was felt she would not pose a further threat.

The council was told that Miss Walpole, a teacher at Denstone College in Uttoxeter, Staffs, had befriended the pupils between September 2007 and June 2010.

She sent and received about 25 inappropriate text messages with one of the youngsters between May 2010 and June 2010, some of them of a sexual nature. In May 2010, she requested that he give her a lift in his car and made “sexually provocative” comments to him during the journey.

I’m glad that Miss Walpole regrets her actions and has promised not to reoffend but that doesn’t excuse her behaviour.  The punishment received is tantamount to a slap on the wrist.  It sends the message to other teachers that they can exploit teenagers for the barest of consequences.

Miss Walpole should consider herself very lucky.  If I was on the Council I wouldn’t have been anywhere near as charitable.

Give Parents a Break

August 30, 2011

Whilst there has and will always be bad parents, society seems very keen to judge well-meaning and loving parents far too harshly.

Parenting isn’t easy.  For all my dedication, there are times when I feel like I’ve got it wrong.  I make mistakes and I reflect and try to improve.  I’m not perfect and I’m never going to be, but it doesn’t stop me from trying my very best.

Yet the media keeps on reporting about mothers who don’t breastfeed, children who are overweight, parents who don’t discipline enough or who over-discipline or who choose childcare for their babies etc.  It’s almost as if there is an unofficial game between some members of society to make themselves feel better about their own parenting performance by panning others.

One of the trends becoming more and more popular is for children to sue their parents.  We are not talking about for child abuse or criminal activity, but rather for nothing more than being flawed parents.  Take this example doing the rounds about children suing their mother over a birthday card:

They alleged Garrity failed to take Kathryn to a car show and threatened Steven II with phoning police if he did not buckle his seatbelt.

The children claim she ‘haggled’ over dress prices and called at midnight to tell Kathryn to come home from a party, reported the Chicago Tribune.

The birthday card in question was labelled ‘inappropriate’ by Steven II as it allegedly failed to include any money.

Whilst I am relieved that common sense prevailed and the children were not successful, I wonder why the legal process took 2 years before the lawsuit could be thrown out at the appeal stage.  The court system must make a strong and unambiguous statement about the rights of parents to parent as they see fit as long as they act lawfully.
If we spend our time judging scornfully about the practices of other parents we will allow ourselves to be blinded by the improvements required in our own parenting approach.  Every child must be taught according to their own individual personality type and every child must be parented according to their own personality type.  No self-help book applies to all kids and no parenting style works on all kids.
So my advice is, stop judging others and concentrate on your own practice.

Bullying Parents Should be Severely Punished

August 16, 2011

I don’t understand why parents can’t be subject to the kinds of consequences their children are for bullying and harassment.  Parents who set up internet groups and Facebook pages to spread untruths about their childs’ teacher should be punished for their actions.  Anything from a warning to in the most serious offences expulsion of their child from school is appropriate.

Some may think this is a bit harsh and that children should not be penalised for the deeds of their parents, but bullying is a very serious offence and schools that take it seriously reap the rewards by maintaining a safe environment.  Schools are too dismissive of parents who bully teachers.  Teachers often feel marginalised and lacking of support.  The statement that bullying of any kind will result in strong penalties is essential to delivering the best outcomes from an academic and social standpoint.

Bullying like this should not be tolerated:

Teachers are the latest group found to be at risk of cyber-bullying, according to a recent report.

The study by Professor Andy Phippen found several instances where teachers had been targeted for abuse by social media users on websites such as Facebook and Twitter.

One head teacher interviewed for the study said she had a breakdown and was left feeling suicidal.

The headteacher suffered a year of abuse by a parent at her school who used a Google group to post libellous untruths about her and her school. “I eventually had a mini breakdown in the summer holiday, needing an emergency doctor to be called out as I had become suicidal,” she told researchers.

The message should ring loud and clear – Either play by our rules or find somewhere else to send your kids!

Bubble Wrapping Our Kids is Not a Solution

July 20, 2011

When we were young climbing was a great adrenaline rush.  I remember the enjoyment I had climbing trees with my friends.  Nowadays, climbing trees have been deemed too unsafe and even the basic play equipment has been watered down to avoid accidents, and in turn, fun.

Current safety standards veer public playgrounds towards the benign realm of soft and cushy: sharp edges are covered, jungle gyms and monkey bars are miniaturized to reduce the height children can climb and the whole things are placed on shock-absorbent wood chips or rubber mats to cushion the blow when children inevitably fall.

But are we really doing our children any favors by taking all the risk out of playtime? Some pediatric experts are saying no — in the pursuit of protection for our children, we have stunted their ability to fend for themselves.

In a recent paper published in the journal Evolutionary Psychology, Norwegian psychologists Ellen Sandseter of Queen Maud University in Norway and Leif Kennair of the Norwegian University for Science and Technology write that “risky play” among young children is a necessary experience that helps children learn to master their environments. Protecting children from any risks in their playtime could breed children that are more likely to be anxious and afraid of danger.

“An exaggerated safety focus of children’s play is problematic because while on the one hand children should avoid injuries, on the other hand they might need challenges and varied stimulation to develop normally, both physically and mentally,” the authors write. “Paradoxically, we posit that our fear of children being harmed by mostly harmless injuries may result in more fearful children and increased levels of psychopathology,” they add. “We might need to provide more stimulating environments for children, rather than hamper their development.”

Dr. Gary Smith, director of the Center for Injury Research and Policy at Nationwide Children’s Hospital, says the slow disappearance of more traditional “risky” playground toys has more to do with litigation than with proven safety issues.

Let kids be kids.  Grazes and bruises use to be worth it for the sheer enjoyment of the great outdoors.

Cyber Bullying Takes Bullying to a New Level

April 13, 2011

It would be taking bullying too lightly to say it was important or a priority.  It is much more serious than that.  Bullying is a huge area of concern worldwide and is the issue most in need of consideration and due diligence in our schools.  I am happy to hear that in my home state of Victoria, legislation has been passed making it a crime to bully, with workplace bullies jailed for up to 10 years.

It is reassuring to see that cyber bullying is included in this piece of legislation:

The legislation would also cover cyber bullying. It’s happening in other places too.

With the internet covering every part of our lives, cyber bullying has become more prevalent now than ever before. Access to mobile phones, the Facebook phenomenon and YouTube have made it a real problem. Cyber bullying is now so bad that it’s being looked at by a parliamentary committee. Facebook says its removing 20,000 under age users globally each day, but the problem continues. Cyber bullying is perpetrated not just by young people. Take for example the revelations of a gay hate campaign on Facebook in the Australian Defence Force. //

Cyber bullying can take many forms. It can include being teased or made fun of online, being sent threatening emails,  having rumours spread about you online, having unpleasant comments, pictures or videos about you sent or posted on websites like Facebook or MySpace,  being sent unwanted messages, being deliberately ignored or left out of things on the internet or even having someone use your screen name or password and pretending to be you to hurt someone else.

One of the worst examples recently popped up when Blake Rice, who lost his mother and brother in Queensland’s floods, was bashed by six youths because of all the attention he was getting. After leaving him with a broken collar bone, they set up a Facebook page titled We bashed Blake Rice.

The effect of cyber bullying can not be underestimated.  When a child is bullied in the schoolyard, they may find sanctuary in the comfort and safety of their home and family.  This basic right is not afforded to victims of cyber bullying.  They are bullied from the very place they go to for safety and certainty.  With cyber bullying, there is nowhere to hide.

Another unique aspect of cyber bullying, is that when students are bullied at school there is a clear expectation that the Principal and staff will work together to protect these students.  Who are our children to turn to when they are being bullied online?  Their teachers?  Their parents?

This frustrating aspect is highlighted quite clearly through this heartbreaking letter to the Editor from a mother in the UK.

I WAS so pleased to read the article from a concerned father on Facebook Bullying.

I am the parent of a 13 year old girl attending a West Norfolk High School.

We have experienced the horror of Facebook Bullying, which follows on from a day of hell for my daughter in school.

I have had to complain to the school, visit the school, etc, on many occasions since my daughter started three years ago, only to be told the same thing time and time again – the bullies have been spoken too, the bullies have been dealt with; only to find that same evening it starts again at home in the form of Facebook.

The horrible taunts, the name calling, and then more join in and back up the bully’s comments. My daughter puts a far braver face on it than I ever could, but as a mother I feel her pain – and I am disgusted that the parents of these children are not checking what their delightful children are saying and the manner in which they are saying it.

I log on to my daughter’s Facebook with her permission every day now. On occasions as I have been doing this I have had vile messages sent to me via chat – and they get a nasty shock when they realise they have not actually sent it to my daughter.

I have threatened them with Police, with their parents and for cyber bullying, but most times you just get verbal abuse back.

What is happening to our children and our schools?

I have thought about taking my daughter off Facebook altogether to protect her, but why should she be the one who feels punished; why should she miss out on what the majority of her peers are enjoying responsibly?

Also it helps me as a parent to see just what the poor child is enduring and a least, on an upside, I can be there for her and support her through this the best I can – and I have the names of the bullies.

Perhaps Facebook should have been thought through before its launch – 18 years minimum age for access maybe.

There may just be a chance then that these awful bullying children may have reached maturity, and know right from wrong.

ANOTHER CONCERNED PARENT (MOTHER)

Stop Banning Our Kids From Being Kids

April 7, 2011

Society pretends it isn’t so, but let’s face it – school is not a natural environment for the growing child. Kids have to sit in an often uncomfortable seat for hours on end, have no say who they can sit next to, can not talk unless spoken to, can not go to the toilet without permission and often cannot choose for themselves what they would like to wear.

As a teacher, I devote so much of my time to help maximise my students’ enjoyment for learning and appreciation for the positive aspects of school such as positive social interactions and self growth.  I am drawn to this profession because I can see that it is possible to create joy from the school experience. That kids who have only seen school as a negative can be turned around quite quickly.

That is why I get frustrated with the constant barrage of regulations and bans that lessen the students’ opportunity for enjoyment of school.

Take this unfortunate case for example:

Children at Pope Paul Catholic Primary School, in Baker Street, have been barred from playing the national sport over concerns there could be accidents.

An angry parent of a year five child contacted the Potters Bar Edition to say he thought “the world has gone mad” over the 
ball game ban.

The whistleblower did not wish to be named as he feared the school would “bear grudges” against his child.

He said: “I’m just rather fed up of the health and safety coming out of the school.

“Break times are time to let off some energy and relate with other kids.”

He also pointed to football’s ability to teach valuable life lessons like winning and losing and the importance of teamwork.

And speaking about the injury fears, he added: “Boys might fall over and hurt their leg, but you just get up, wipe it off and carry on.”

Headteacher Helen Lines said: “The children aren’t allowed to play football on the playground during the winter months because there isn’t enough room.”

She added: “Many of the children want their own game and there’s no room to do anything else.

“In the summer there are plenty of ball games on the field, but it’s too muddy in the winter.”

Despite the weather picking up as spring has sprung, Mrs Lines said pupils were still banned from playing football.

She said: “We’ve tried a rota system but it’s too tempting for others not to join in.

“We’ve got lots of people trying to play a very active sport like football, there are going to be accidents.

“There are lots of children who don’t want to play football.”

She added playing the sport in the confines of the playground was too “dangerous”.

Ms. Lines rationale makes no sense at all.  On the one hand she says there isn’t enough room because of the great demand for multiple soccer games and on the other hand she claims that there are children who don’t want to play, thereby intimating that their stance wont affect too many.

There’s a reason why kids like to play active sports during recess – they are kids!  Not only that, they are sitting down for hours on end.  Let them run!  Let them enjoy their recess!  Don’t even bother investigating why boys aren’t thriving at school when you want to ban the very activity that gives them an outlet for their restlessness and something to look forward to.

Ultimately, it’s not entirely the fault of schools.  They are entitled to cover their backs in the fear of being sued.

Here is an idea:  How about Governments passing legislation that makes it much harder for parents to sue schools for run of the mill accidents?

And how far will this go?  If you ban soccer, you have to ban monkey bars, slides, basketballs, cartwheels, running, bunsen burners, scissors and sharp pencils etc.

School is already a less than perfect place for our children.  Why make it so much worse?