Cyberbullying: The Line Between Home and School Disappears

Transcription

1 Cyberbullying: The Line Between Home and School Disappears By: Harben, Hartley and Hawkins Law Firm Safety Grants: Opportunities for RMS Members GSBA Risk Management Services Funds Members are eligible to apply for FY2016 Safety Grants. With the passage of House Bill 131, legislators, parents, and advocates finally succeeded in mandating that school districts address what the media and public refer to as cyberbullying: the use, especially by minors, of social media and the internet to harass, threaten, or bully (whatever definition may be given to that word) others. As Georgia school officials recall, prior to the 2015 General Assembly s passage of HB 131, The End to Cyberbullying Act, school administrators were responsible for addressing acts of bullying that occurred on school campus, at school events, on school buses, at school bus stops, and while students were using the school district s technology. Now, these new offenses that are termed cyberbullying are punishable whether or not such electronic act originated on school property or with school equipment. Rather than the nexus between the event and school being the location where it occurs, the nexus for cyberbullying involves the target of the message and its effect. Cyberbullying directed at students or school personnel or which substantially disrupt[s] the orderly operation of the school is covered regardless of whether it takes place in the privacy of the student s bedroom or in the commons area during a Continued on page 4 Applications are available beginning September 1, 2015 and the deadline for entry is October 1, See inside on page 7 for more details 5120 Sugarloaf Parkway Lawrenceville, GA

2 Georgia School Boards Association Risk Management Services September 2015 Did you know?.. Executive Director s Message By: Valarie Wilson, GSBA Executive Director Mrs. Trudy Sowar to head GSBA Risk Management Services We are pleased to announce Mrs. Trudy Sowar as the Director of the Georgia School Boards Association s Risk Management Services. Mrs. Sowar assumes this leadership role from Mr. Chris Erwin who has decided to pursue other career opportunities. Mrs. Sowar comes to GSBA with previous experience in this role as Director from January 2008 to July Under Mrs. Sowar s leadership the GSBA Risk Management Services grew exponentially. She helped establish sound financial stability with the Workers Compensation Fund and the Risk Management Fund. Mrs. Sowar has led the GSBA Superintendent Search Services since July 1, She will continue to lead the Superintendent Search Services as she assumes her new role with Risk Management Services. Before coming to GSBA in 2008, Mrs. Sowar was Superintendent of Paulding County School District. She joined Paulding County in 1996 as an Assistant Superintendent for Human Resources. She held several other positions with the district and was named Superintendent in Prior to joining Paulding County, Mrs. Sowar held numerous leadership positions with Cobb County School District, including principal and central office administrator. She has been actively involved in community and professional activities. She is a Past President of the Georgia School Superintendents Association (GSSA) and she received the Bill Barr Leadership Award in She was also actively involved with the Georgia Association of Educational Leaders and the American Association of School Administrators. Mrs. Sowar served on the Work Comp Fund Board of Trustees. Mrs. Sowar holds both Masters and Specialist degrees in Education Leadership from the State University of West Georgia. She holds a bachelor s degree from Georgia State University. Mrs. Sowar was a participant in the first class of the GSSA Superintendents Professional Development Program. PAGE 2 Source: Association of Governmental Risk Pools ~

3 Accident Scenario* LESSONS LEARNED Two buses filled with students were involved in an accident when one rear-ended the other as they left the school. The buses had just loaded after school and were less than a mile away from the school when the accident occurred. The first bus stopped abruptly, and the second one did not stop in time. The bus driver of the second bus was distracted by a fight at the back of his bus. He was looking in the rearview mirror at the time of the accident. Fifteen students, eight from the first bus and seven from the second bus, who sustained injuries were taken to the emergency room and treated. Lessons Learned The Bus Safety Company, which provides a bus driver safety training program for our members, recommends some basic driving principles. Among those are: o Maintain adequate following distances. A minimum of 4 seconds distance. o To develop that 4 seconds distance, scan ahead for a fixed reference point (sign, underpass, stoplight, etc.) o Using that reference point, begin counting, One-thousand-One, Onethousand-Two.until you have developed that 4 second following distance o If you are less than 4 seconds away, slow down until you have reached that distance o In poor weather, increase the distance to 5 seconds Always look ahead. Keep your eyes moving and scanning the area. Just a quick look away when following too closely can result in an accident. When buses are leaving schools after loading in the afternoons, many pull out one right behind the other. It is important to continue to maintain a proper distance between your bus and the one in front of you. As buses are just getting loaded and leaving the school, many distractions are going on that can take the drivers attention away from the road. When multiple buses are traveling together, such as on a field trip, athletic or marching band trips, etc., they tend to try and stay close together in order to prevent other vehicles getting in between them. Continue to maintain appropriate following distances. Each driver should know ahead of time the travel plans so they do not have to follow too closely just to keep up with the other buses. If one bus falls behind, they should still know the directions and travel plan. For more information on the Bus Driver Safety Company training videos, please contact David Colvard, GSBA Safety and Loss Control Coordinator, at dcolvard@gsba.com or *This accident scenario is based on a type of accident reported several times each year, where buses in a congested area collide. All names have been removed and the actual circumstances differ slightly from those presented above. PAGE 3

4 Georgia School Boards Association Risk Management Services September 2015 Cyberbullying Continued from page 1 class break. What makes the new Act so significant from a legal perspective is not the new terminology of cyberbullying, but the dramatic expansion of authority and responsibility for school administrators to police and correct the behavior of students even when unconnected to the school day or a school event. Just imagine a suggestion made ten years ago that a student should be punished for threatening a classmate during a weekend slumber party. Yet, a similar comment at a similar slumber party between two similar students could today generate a cyberbullying charge if made by text and not by voice. When the Act is carefully read, only the most serious of cyber threats should be termed cyberbullying. It must be maliciously intended for the purpose of threatening the safety of those specified and create a reasonable fear of harm to person or property or ha[ve] a high likelihood of succeeding in that purpose. But it is the change in parental expectation that is perhaps most important about the new Act. A parent concerned about her child s social media conversation may now believe that the school principal is responsible for policing her friends and punishing inappropriate posts. Of course, the Office for Civil Rights of the United States Department of Education has contended for several years that social media posts could be evidence of discriminatory racial, national origin, gender-based, or disability harassment which a school district is obligated to address and eliminate pursuant to Title VI, Title IX, and Section 504. These subjects are frequently Now, these new offenses that are termed cyberbullying are punishable whether or not such electronic act originated on school property or with school equipment. the subject of student-on-student interactions or at least of the names students choose to use when talking to or about each other. School administrators also know that the nature of the posts coming from a student s bedroom at night when he is alone are likely to be even more vitriolic than those that might be sent during class or during a school activity. As troubling as the suggestion may be, the General Assembly wants schools to monitor student behavior (at least when it comes to the internet) outside of school as well as inside of school. Schools need to be prepared to deal with this new reality. Thus, a simple and very general starting checklist follows: 1. Make sure your school district policy, code of conduct, and student handbook are up-to-date and consistent with the new Act and the new definition. 2. Make sure the teachers, and especially counselors and administrators, understand the new definition and are interpreting it uniformly. It creates real problems for a counselor to be suggesting that cyberbullying is taking place and the assistant principal to be arguing that the conduct does not rise to that level. 3. Be particularly aware of incidents that seem to involve harassment as OCR defines that term under federal law. Race, national origin, gender issues of all types, and disability references contained in s between students, and certainly from staff to students, will be viewed as evidence of violations that must be addressed at the school level. Know how and when to involve the Title VI, Title IX, and Section 504 Coordinator. 4. In responding to an issue involving two students, realize that the issue is not just whether the bully should be punished. More important is how to address the interaction that is occurring so that it does not escalate and so that it does not continue to be a problem. Providing a sense of safety for the victim is Continued on page 5 PAGE 4

5 Cyberbullying Continued from page 4 often more important than the specific punishment given the perpetrator. Of course, sometimes telling the bully from the victim is the first step. 5. While any incident brought to the attention of administrators that falls within the statutory definition must be addressed, school administrators should be particularly sensitive to complaints coming directly from parents, especially those parents that would be prone to file a complaint with OCR or with some other agency. Negotiating this new world of cyberbullying will require interpersonal skills not only to counsel students who may be involved, but to calm and contain the fears of parents, whether justified or not. Upcoming Events Oct 1st Safety Grant Application Due Oct 12th Funds Trustee s Meeting in Athens Oct 13th Annual Member s Meeting in Athens Dec 2-5 GSBA Winter Conference in Atlanta Coverage Improvements Effective July 1 st We have made several improvements to the Risk Management Fund s coverage documents. These changes are a benefit of membership as they provide more protection or broaden existing coverage. Liability Coverage Student Practices Coverage has been expanded to cover alternative vocational activities for students participating in school-to-work programs under the general liability section of the document. Some activities are excluded and may require prior approval from the Fund, so talk to your member advocate about your programs. Prior to renewal this coverage was limited to students participating in healthcare programs only. Back Pay Employment disputes often result in litigation and sometimes involve demands for back pay. The Fund has added a sub-limit of $30,000 for back pay under the errors & omissions section of the document. Drones Wording has been added to the general liability section of the document to specifically address the use of drones in school operations. Coverage will apply to drones that weigh no greater than 55 pounds and will also be subject to speed, altitude and time restrictions. Property Coverage Blanket Limit The blanket limit of coverage has been increased from $525 million to $1 billion per occurrence. Named Storm The name storm limit has been increased from $200 million to $250 million for members in tier one (coastal). Fine Arts We have added a stand-alone group purchase policy for fine arts for objects that are hard to value, such as, rare books, historical objects, collections and artifacts that may be on display in a museum or library or other display area. If you have any such objects, please talk to your member advocate so we can schedule the objects and broaden your coverage. If you have questions about this expanded coverage, please contact your Member Advocate or John Shore at PAGE 5

6 Georgia School Boards Association Risk Management Services September 2015 Two South Georgia School Districts Set Sights on Employee Safety Long & Wayne Provide SNP Training GSBA Risk Management Services partnered with RMF & WCF Members Long County and Wayne County School Systems to provide the school nutrition staff with safety training sessions as a part of their pre-planning activities. GSBA RMS Safety and Risk Control Coordinator David Colvard conducted on-site training activities for each of the South Georgia school systems. After reviewing their employee loss history the school districts made employee workplace safety training for their school nutrition staff a priority. Leading the charge for the School Nutrition Program (SNP) training in Long County was the Director of Food Services, Stephanie Fox. Wayne County s Food Service Administrator, Dr. Rindy Trapnell, coordinated the training session for her staff. In Long County, 35 cafeteria workers attended the 90 minute training session along with their local school cafeteria managers. The Wayne County training session was attended by 65 cafeteria workers and their local school managers. Training topics included a presentation and adiscussion session of the following: Slips, Trips and Falls; Burns; Strains and Sprains; Cuts and other safety in the kitchen topics. The training also included an overall review of schoolrelated safety events such as fire, lockdowns, bomb threats, severe weather and choking. Member Advocate for South Georgia, Dr. Ricky Brantley, also attended the sessions and Dr. Ricky Brantley, GSBA RMS South GA Member Advocate, introduces David Colvard at Wayne County School District SNP training. David Colvard, GSBA RMS Risk Control Coordinator, presents a SNP training session in Long County School District. made the following observation, Long s Superintendent, Dr. Robert Waters, Bridgett Welch, Stephanie Fox, and his entire leadership team are to be commended for addressing a critical need for the district. It is notable that Dr. Waters is making school safety a priority for Long County this school year. The emphasis on safety may be best illustrated by the district s decision to add the system level administrative positon of Safety Coordinator. Former Long High School Principal Scotty Hattaway has been promoted to the newly created positon. After meeting with Mr. Hattaway in an orientation risk management training session of sorts, David Colvard commented, Scotty brings a ton of school experience to the position. He is eager to learn and implement effective safety and risk management best practices. Continued on page 7 PAGE 6

7 SNP Training Continued from page 6 In fact, he is already putting in place key pieces of an effective RM program. Hats off to Long County. Wayne Superintendent Dr. Jay Brinson is equally committed to reducing employee accidents, remarked Dr. Brantley. He went on to say, Working with Dr. Brinson, Toni Williams, Dr. Trapnell, Ginger Smith and the Wayne team is a real pleasure because they are so committed to improving safety for their students and staff. They are clearly on the right path. In addition to her school system duties, Wayne s Chief Financial Officer Toni Williams serves on the GSBA Workers Comp Fund Board of Trustees. Serving on the School Board with Dr. Waters in Long are Chair Janet Watford, Vice-Chair Julie Dawson, Board Members Florence Braggs, Marcus DeLoach, and Carolyn Williamson. Wayne s Superintendent Dr. Brinson works with Chair Richard Woodward, Vice Chair Nicholas Ellis, Board Members Ray Davidson, Janet Royal and Mitch Sutton. David Colvard, GSBA RMS Risk Control Coordinator, presents a SNP training session in Wayne County School District. $afety Grant Opportunities for Members of the Funds Members of the Funds at Georgia School Boards Association (GSBA) Risk Management Services (RMS) are eligible to apply for a Safety Grant. Applications are available beginning September 1, 2015 with the deadline for entry being October 1, Grant winners will be announced at the GSBA-RMS Annual Member s Meeting on October 13, One grant application per school district with a $5,000 maximum grant limit. All proposals for activities, training and/or equipment that contribute to a potential reduction in property and liability losses or build overall risk management awareness for members will be considered. To receive an application and rules and guidelines, send an request to dcolvard@gsba.com or access it from our website. ~ Select: Member Services ~ Select: Risk Management Services PAGE 7

8 Georgia School Boards Association Risk Management Services September 2015 Here s what you need to know about filing claims... Workers Compensation: If an incident occurs, the first way to keep costs down is to report the claim as soon as you can after the incident, preferably within 24 hours. A few weeks or even days delay can substantially increase the cost of a claim. Timely claims reporting is probably the most effective tactic a member has at their disposal to reduce claims costs. Why? Because the sooner a claim is reported, the sooner management of the claim can begin. That is why involving GSBA claims services as soon as possible is critical. The time between when the incident occurs and when the claim is reported is a major factor impacting claim costs. A recent study indicated: Loss costs for Claims reported within one week are 8% higher than those reported on the incident day. Loss costs for Claims reported after one month are 37% higher than those reported on the incident day. In addition, the Federal government requires reporting of workers compensation and bodily injury liability or medical payments claims of $1,000 or more in benefits or payments. Any workers compensation or bodily injury liability or medical payments claim involving a Medicare beneficiary is reportable from dollar one. Failure to report a claim results in a $1,000 per day fine by the State until reported. Once reported, GSBA will contact the member, employee or claimant and the treating physician (in a workers compensation claim). The adjuster will identify any responsible third-party, obtain information about witnesses, or suspicions of fraud. The adjuster will establish a rapport with the injured employee or claimant and monitor medical care to assure quality, cost-effective medical treatment. The two most common reasons for not reporting a claim are: it is not a legitimate claim or all of the information needed is not available to report it. If you suspect a fraudulent claim, report it and inform the adjuster of your suspicions. Also, report it, even if all information is not available. For example, GSBA has only 21 days to investigate and report lost-time or questionable workers compensation claims to the State. Failure to timely report a claim may prevent denial of a fraudulent claim and could result in fines by the State. If an employee of your School District reports and/or complains of a job related injury, regardless of the severity or nature of the injury, please complete a WC-1 report and it to sobrien@uscky.com or fax it to GSBA-WCF Claims Service at Auto Liability and Crime Claims If one of your school district vehicles is involved in a motor vehicle accident or there is a crime claim, you should complete an RMF auto or crime incident claim form and it to sobrien@ uscky.com & ruthr@uscky.com or fax to GSBA Auto Liability Claims Service at Property, Auto Physical Damage, General Liability and School Leaders Liability Claims To report a claim for property damage, auto physical damage (collision or comprehensive), general liability or school leaders liability (E & O), you should notify GSBA-RMF as soon as practicable of an occurrence or an offense or an alleged act which may result in a claim. To the extent possible, notice should include as many details as possible. Claim reports should be ed to mcollins@ gsba.com, ohembree@gsba. com, or jsmith@gsba.com faxed to GSBA-RMF Claims Services at or call and report the claim to GSBA-RMF at extension 17. Continued on page 9 PAGE 8

9 Filing a Claim Continued from page 8 If your district has a property loss and needs assistance immediately, please use one of our GSBA approved contractors. Members may call these contractors directly at: Belfor, Inc Charter Restoration Epic Response Jack Keheley Bart Barton Anthony Masciello For additional information or assistance on any claim, please contact: Michael Collins - Property, Auto Physical Damage and General Liability Claims Manager mcollins@gsba.com or Olan Hembree - Work Comp and School Leaders Liability Claims Manager ohembree@gsba.com or Scott O Brien - Work Comp and Auto Liability Claims Manager sobrien@uscky.com or ext: 16 Jill Smith - Auto Physical Damage and School Leaders Liability Claims Adjuster jsmith@gsba.com or Educators are often surprised to learn that student-on-student acts, especially sexual acts, are included within the definition of abuse to be reported to DFACS. Screen shot of our new RMS marketing video. We hope you will take a moment to go to website where you can find a link to the video on the rotating banner of the home page. Tell us what you think!! PAGE 9

10 Georgia School Boards Association Risk Management Services September 2015 Services & Resources Available to Members of the Funds In addition to providing coverages to school districts for workers compensation, liability, property and other special risks, Risk Management Services of GSBA gives our members unmatched services and resources focused on school safety. Employee Safety Videos Short and powerful videos targeting coaches, teachers, custodians and food service personnel. These are available on the GSBA website for members. Exchange Newsletter Quarterly newsletter for GSBA-RMS members with timely articles and useful information MIMS (Member Information Management System) On-line coverage/policy information and renewal for member districts Risk E-lerts Informational s on topics of safety and risk control sent on the first of each month Safety Scenarios Situational scenarios for your safety personnel to review are sent out on the 15th of each month Target Solutions On-line safety training and resource delivery method for all member districts free of charge. Over 100 school-related safety courses available. Webinars Monthly webinars are provided on a wide variety of safety and risk related topics. Webinars are shown live monthly and then archived on our website. Risk Topic Index A compilation of all articles and other resources by topic with links to the archived location School Bus Safety Program Each auto coverage member is provided access to the School Bus Safety Program, a nationally recognized bus driver training program, at no cost. Phone/Tablet App Available to all members for quick access to claims and other contact information Meetings Available To Members During Each School Year Members are afforded meeting opportunities for safety and risk control topics and networking Safety Services Provided upon Request Information on Playground Safety Inspection Certification, Employee Safety Training Programs for all departments, Setting up district/school level safety committees, Development of Continuity of Operations Plans, Safety Inspection processes, Accident Investigations and much more! Website The GSBA-RMS website provides members a wide array of safety and risk control resources. To access: Go to: ~ Select: Member Services ~ Select: Risk Management Services There are four (4) main selections available. ABOUT RMS, GSBA CLAIMS, MEMBER RESOURCES and SAFETY AND LOSS CONTROL. Only the Member Resources section requires a login. The login/password can be shared with all appropriate personnel in your district. If you need assistance with your login, please contact Mary Bailey (mbailey@gsba.com) or David Colvard (dcolvard@gsba.com). PAGE 10

11 A Powerful Alternative for Georgia Public Schools. GSBA: Risk Management Services Fund Members visit online Dade Catoosa Fannin Towns Whitfield Murray Union Rabun 1. Decatur City 8. NE GA RESA *12 2. Valdosta City 9. West GA RESA Walker Gilmer Habersham 3. Jefferson City 10. Pelham City White Lumpkin Stephens Chattooga Gordon 4. NW GA RESA 11. Bremen City Pickens *6 Dawson Banks Franklin Hart 5. Social Circle City Hall Floyd Bartow Cherokee Forsyth 6. Trion City *4 *13 *3 Madison Elbert 7. Griffin RESA Jackson *8 Polk Barrow Cobb Gwinnett Clarke Oglethorpe Haralson Paulding *5 Oconee *1 Wilkes Lincoln *11 Dekalb Douglas Rockdale Talia- Walton Clayton Duffie Newton Greene Morgan Ferro Mc- Columbia Carroll Fulton Henry Warren *9 Fayette Richmond Coweta *7 Butts Jasper Putnam Heard Hancock Spalding Glascock Meriwether Jefferson Burke Pike Baldwin Lamar Monroe Jones Troup Washington Upson Bibb Wilkinson Jenkins Screven Johnson Harris Talbot Crawford Twiggs Emanuel Muscogee Taylor Peach Houston Bleckley Laurens Treutlen Candler Bulloch Effingham Chattahoochee Marion Mont- Macon Schley Pulaski gom- ery Evans Dooly Dodge Bryan Wheeler Stewart Webster Sumter Chatham Toombs Tattnall Wilcox Crisp Telfair Quitman Long Liberty Terrell Lee Jeff Davis Ben Hill Appling Randolph Turner Clay Early Seminole Calhoun Miller *95 Fund Members Baker Dougherty *10 Mitchell Worth Colquitt Tift Decatur Grady Thomas Brooks Cook Irwin Berrien Lowndes *2 Lanier Coffee Atkinson Echols Clinch Bacon Ware Pierce Charlton Wayne Brantley 12. Chickamauga City 13. Gainesville City Glynn Camden McIntosh Delivering A+ Service through Superior Member Relationships

12 5120 Sugarloaf Parkway Lawrenceville, GA Workers Compensation School Board Leaders Liability Superintendent Bonds General Liability Cyber Risk Property Crime Auto Delivering A+ Service Through Superior Member Relationships