North Carolina School Violence Prevention Act

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The North Carolina School Violence Prevention Act was enacted by the North Carolina General Assembly [1] in order to protect all North Carolina students, and school employees, from bullying, cyberbullying, and harassment. [2]

Contents

The School Violence Prevention Act (SVPA) defines Bullying and harassing behavior as "any pattern of gestures or written, electronic, or verbal communications, or any physical act or any threatening communication, that takes place on school property, at any school-sponsored functions, or on a school bus..." [3]

North Carolina was the first state to enact legislation that protects school employees from bullying by students. [4]

Nationwide youth in schools are experiencing more violent acts and bullying. According to the Youth Risk Behavior Surveillance Report, conducted by the Centers for Disease Control and Prevention (CDC), [5] "...16.6% of students had carried a weapon [to school] (e.g., a gun, knife, or club) on at least 1 day during the 30 days before the survey." [5] The results also indicated that 20.1% of students had been bullied on school property during the 12 months before the survey.

Bully Free Zone Bully Free Zone.jpg
Bully Free Zone

Legislative history

In 2007 a number of North Carolina legislators worked to introduce legislation that would create policies for schools regarding bullying and harassment. [6] This act, known as the School Violence Prevention Act, was proposed in the General Assembly of North Carolina as House Bill 1366 in April 2007. [6] It passed the House but was not approved by the Senate. There was controversy surrounding the bill as the wording described classifications of victims and included sexual orientation and gender identity. Many Republican members opposed the bill due to this classification. [7] When it did not pass the Senate, Rick Glazier (D-Cumberland County), [8] the Representative who originated the Bill, requested it be tabled until the next legislative session.

The NC School Violence Prevention Act was introduced back to the legislature on March 11, 2009, as House Bill 548 and was sponsored by Rick Glazier (D-Cumberland County) and as Senate Bill 526, sponsored by Julia Boseman (D-New Hanover County). [1] This time the Act passed albeit by a narrow margin (58 to 57). [1] It was ratified and signed into law by Governor Beverly Perdue in June 2009. [1]

In 2012 Senator Tommy Tucker (R-Union County) introduced amendments and additions to the act renaming it the North Carolina School Violence Prevention Act of 2012. The Act now includes amendments that address computer related crimes (Article 60, General Statutes 14-453) [9] and Cyberbullying penalties (Article 60, General Statutes 14-458). [9] With the rapid changes in technology the Act was also rewritten to include a new section on Cyber-bullying of school employees by students (Article 60, General Statutes 14-458.2) [9]

Violence in North Carolina's Public Schools

In North Carolina, there were 9,834 reported crimes in public schools in 2016–17. The table here shows the total acts of violence and rates for the last nine years. [10]

According to the NC DPI Consolidated Data Report, the number of reportable crimes by high school students increased by 4%, from 5,774 in 2015–16 to 5,543 in 2016–17. The rate of crimes reported decreased to 12.75 acts per 1000 students in 2015-16 compared to 12.12 acts per 1000 students in 2016-17 [10]

The list of Annual Reports - Consolidated Data Reports from 2007–2008 to 2020-2021 can be found here Discipline, ALP and Dropout Annual Reports | NC DPI.

Specifics of the law

This act outlines the way that bullying and harassing behavior should be handled by school personnel.

School Violence Prevention Act
NC General Statutes
Chapter 115 C - Elementary and Secondary Education
Article 29C [3]

Statute 115C‑407.15. Bullying and harassing behavior.

a "bullying or harassing behavior" is any pattern of gestures or written, electronic, or verbal communications, or any physical act or any threatening communication, that takes place on school property, at any school-sponsored function, or on a school bus, and that:
1 Places a student or school employee in actual and reasonable fear of harm
2 Creates a hostile environment
b No student or school employee shall be subjected to bullying or harassing behavior by school employees or students
c No person shall engage in any act of reprisal or retaliation
d A school employee who has witnessed, or has reliable information about an incident, shall report the incident
e A student or volunteer who has witnessed, or has reliable information about an incident, shall report the incident

Statute 115C‑407.16. Policy against bullying or harassing behavior.

[3]

a Each local school administrative unit shall adopt a policy prohibiting bullying or harassing behavior
b the policy shall contain, at a minimum, the following components:
1 A statement on prohibiting bullying or harassing behavior
2 A definition of bullying or harassing behavior
3 A description of the type of behavior expected for each student and school employee
4 Consequences and appropriate remedial action
5 A procedure for reporting an act of bullying or harassment
6 A procedure for prompt investigation of reports of serious violations and complaints
7 A statement that prohibits reprisal or retaliation against any person who reports an act of bullying or harassment
8 A statement of how the policy is to be disseminated and publicized
c local school administrators can adopt a policy that includes components beyond the minimum components
d notice of the local policy shall appear in any school unit publication that sets forth the comprehensive rules, procedures, and standards of conduct for schools within the school unit and in any student and school employee handbook
e Information regarding the local policy against bullying or harassing behavior shall be incorporated into a school's employee training program
f to the extent funds are appropriated for these purposes, a local school administrative unit shall provide training on the local policy to school employees and volunteers who have significant contact with students

North Carolina laws and regulations cover bullying [11]

North Carolina General Statute § 14-35. Hazing; definition and punishment

North Carolina General Statute §14-458.1. Cyber-bullying; penalty

North Carolina General Statute §14-458.2. Cyber-bullying of school employee by student; penalty

North Carolina General Statute §115C-238.66. Board of directors; powers and duties

North Carolina General Statute §115C-366.4. Assignment of students convicted of cyber-bullying

North Carolina General Statute §115C-407.15. Bullying and harassing behavior

North Carolina General Statute §115C-407.16. Policy against bullying and harassing behavior

North Carolina General Statute §115C-407.17. Prevention of school violence

North Carolina General Statute §115C-407.18. Construction of this article

School violence prevention acts in other states

School bullying laws in the United States-2 School bullying laws in the United States-2.svg
School bullying laws in the United States-2

49 of the 50 States in the USA have anti-bullying laws. [12]

See also

Resources

N.C. Center for Safer Schools

Pacer's National Bullying Prevention Center

American Federation of Teachers

U.S. Department of Health and Social Services

Related Research Articles

<span class="mw-page-title-main">Sexual harassment</span> Unwanted sexual attention or advances

Sexual harassment is a type of harassment involving the use of explicit or implicit sexual overtones, including the unwelcome and inappropriate promises of rewards in exchange for sexual favors. Sexual harassment can be physical and/or verbal. Sexual harassment includes a range of actions from verbal transgressions to sexual abuse or assault. Harassment can occur in many different social settings such as the workplace, the home, school, or religious institutions. Harassers or victims can be of any gender.

<span class="mw-page-title-main">Bullying</span> Use of force or coercion to abuse or intimidate others

Bullying is the use of force, coercion, hurtful teasing or threat, to abuse, aggressively dominate or intimidate. The behavior is often repeated and habitual. One essential prerequisite is the perception of an imbalance of physical or social power. This imbalance distinguishes bullying from conflict. Bullying is a subcategory of aggressive behavior characterized by hostile intent, imbalance of power and repetition over a period of time.

<span class="mw-page-title-main">Paul Stam</span> American politician from North Carolina

Paul B. "Skip" Stam Jr. was a Republican member of the North Carolina General Assembly representing the state's 37th House district, including constituents in Wake County. An attorney from Apex, North Carolina, Stam was elected to his seventh (non-consecutive) term in the state House of Representatives in 2012. He was first elected in 1988, but was defeated for re-election in 1990. He ran unsuccessfully for the state Senate and for the North Carolina Court of Appeals before being elected to the House again in 2002.

School violence includes violence between school students as well as attacks by students on school staff. It encompasses physical violence, including student-on-student fighting, corporal punishment; psychological violence such as verbal abuse, and sexual violence, including rape and sexual harassment. It includes many forms of bullying and carrying weapons to school. The one or more perpetrators typically have more physical, social, and/or psychological power than the victim. It is a widely accepted serious societal problem in recent decades in many countries, especially where weapons such as guns or knives are involved.

Sexual harassment in education in the United States is an unwelcome behavior of a sexual nature that interferes with an American student's ability to learn, study, work or participate in school activities. It is common in middle and high schools in the United States. Sexual or gender harassment is a form of discrimination under Title IX of the Education Amendments of 1972. Sexual harassment involves a range of behavior from mild annoyances to unwanted touching and, in extreme cases, rape or other sexual assault.

<span class="mw-page-title-main">Equality North Carolina</span>

Equality NC(ENC) is the largest lesbian, gay, bisexual and transgender rights advocacy group and political lobbying organization in North Carolina and is the oldest statewide LGBT equality organization in the United States.

Cyberstalking is the use of the Internet or other electronic means to stalk or harass an individual, group, or organization. It may include false accusations, defamation, slander and libel. It may also include monitoring, identity theft, threats, vandalism, solicitation for sex, doxing, or blackmail.

Harassment covers a wide range of behaviors of offensive nature. It is commonly understood as behavior that demeans, humiliates, and intimidates a person, and it is characteristically identified by its unlikelihood in terms of social and moral reasonableness. In the legal sense, these are behaviors that appear to be disturbing, upsetting or threatening. Traditional forms evolve from discriminatory grounds, and have an effect of nullifying a person's rights or impairing a person from benefiting from their rights. When these behaviors become repetitive, it is defined as bullying. The continuity or repetitiveness and the aspect of distressing, alarming or threatening may distinguish it from insult.

Workplace harassment is the belittling or threatening behavior directed at an individual worker or a group of workers.

Cyberstalking and cyberbullying are relatively new phenomena, but that does not mean that crimes committed through the network are not punishable under legislation drafted for that purpose. Although there are often existing laws that prohibit stalking or harassment in a general sense, legislators sometimes believe that such laws are inadequate or do not go far enough, and thus bring forward new legislation to address this perceived shortcoming. In the United States, for example, nearly every state has laws that address cyberstalking, cyberbullying, or both.

<span class="mw-page-title-main">LGBT rights in North Carolina</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of North Carolina may face legal challenges not experienced by non-LGBT residents, or LGBT residents of other states with more liberal laws.

Anti-bullying legislation is a legislation enacted to help reduce and eliminate bullying. This legislation may be national or sub-national and is commonly aimed at ending bullying in schools or workplaces.

Cyberbullying or cyberharassment is a form of bullying or harassment using electronic means. Cyberbullying and cyberharassment are also known as online bullying. It has become increasingly common, especially among teenagers and adolescents, due to the communication technology advancements and young people's increased use of such technologies. Cyberbullying is when someone, typically a teenager, bullies or harasses others on the internet and other digital spaces, particularly on social media sites.

The New Jersey Anti-Bullying Bill of Rights Act, also known as P.L. 2010, Chapter 122, is a policy created in 2011 by New Jersey legislature to combat bullying in public schools throughout the state. This act is an extension of the state's original anti-bullying law, N.J.S.A 18A:37-13, which was first enacted in 2002.

<span class="mw-page-title-main">Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013</span> Act of the Parliament of India

The Sexual Harassment of Women at Workplace Act, 2013 is a legislative act in India that seeks to protect women from sexual harassment at their place of work. It was passed by the Lok Sabha on 3 September 2012. It was passed by the Rajya Sabha on 26 February 2013. The Bill got the assent of the President on 23 April 2013. The Act came into force from 9 December 2013. This statute superseded the Vishaka Guidelines for Prevention Of Sexual Harassment (POSH) introduced by the Supreme Court (SC) of India. It was reported by the International Labour Organization that very few Indian employers were compliant to this statute. Most Indian employers have not implemented the law despite the legal requirement that any workplace with more than 10 employees need to implement it. According to a FICCI-EY November 2015 report, 36% of Indian companies and 25% among MNCs are not compliant with the Sexual Harassment Act, 2013. The government has threatened to take stern action against employers who fail to comply with this law.

Bullying in higher education refers to the bullying of students as well as faculty and staff taking place at institutions of higher education such as colleges and universities. It is believed to be common although it has not received as much attention from researchers as bullying in some other contexts. This article focuses on bullying of students; see Bullying in academia regarding faculty and staff.

The law for workplace bullying is given below for each country in detail. Further European countries with concrete antibullying legislation are Belgium, France, and The Netherlands.

New York State's Dignity for All Students Act, also known as The Dignity Act, and most commonly referred to by its acronym, DASA, is legislation in the U.S. state of New York, established to provide a school environment free of discrimination and harassment. It was signed into law by former Governor David Paterson on September 13, 2010 but was not implemented in school districts statewide until July 1, 2012. This act was first introduced to the New York State Senate in 1999 by Senator Thomas Duane. "The Act to support student’s mental health at school and during school related events. It enforces a strict zero-tolerance policy for student discrimination, harassment, intimidation, taunting and bullying.

<span class="mw-page-title-main">Anti-LGBT curriculum laws in the United States</span> Current and former laws prohibiting or limiting mention of LGBT topics in public schools

Anti-LGBT curriculum laws are laws approved by various U.S. states that prohibit or limit the mention or discussion of homosexuality and transgender identity in public schools, especially in younger grades. In theory, these laws mainly apply to sex ed courses, but they can also be applied to other parts of the school curriculum as well as to extracurricular activities such as sports and organizations such as gay–straight alliances. In July 2022, a wave of anti-LGBT curriculum resurgence saw ten such laws beginning to take effect in six different states. Some states enacting these new laws appear to have mirrored similar laws from other states.

Online child abuse is a unique form of child abuse also known as “Cyber Molestation” due to its virtual, distanced, and anonymous nature. Such abuse may not happen face-to-face, nor does it necessarily require physical contact. However, online abuse can result in negative face-to-face consequences in the form of statutory rape, forcible sexual assault, harassment, etc. In the United States, online child abuse is recognized as a form of child abuse by the National Society for the Prevention of Cruelty to Children.

References

  1. 1 2 3 4 "Senate Bill 526". NC School Violence Prevention Act. Retrieved 17 April 2013.
  2. "School Violence Prevention Act 2009" (PDF). NC General Assembly.
  3. 1 2 3 "Article 29C". NC General Statutes.
  4. "ACLU Opposes NC School Violence Prevention Act" . Retrieved 21 December 2023.
  5. 1 2 "Youth Risk Behavior Surveillance Report". Centers for Disease Control and Prevention. 4 October 2023.
  6. 1 2 "House Bill 1366". NC General Assembly.
  7. "GOP Aims at Bullying Sex Ed Bills". News and Observer Newspaper. Classifications.
  8. Glazier, Rick. "Rick Glazier website".
  9. 1 2 3 "School Violence Prevention Act 2012". NC General Assembly.
  10. 1 2 School Safety 2018 ncforum.org August 2018
  11. Affairs (ASPA), Assistant Secretary for Public (2019-09-24). "North Carolina Anti-Bullying Laws & Policies". StopBullying.gov. Retrieved 2022-05-02.
  12. "Facebook". www.facebook.com. Retrieved 21 December 2023.