Beyond the Law: What Works to Curb Homophobic Bullying?

At a recent anti-bullying forum, Washington, DC, Councilman Harry Thomas said that the suicide of gay Rutgers University student Tyler Clementi was a clear sign “that we weren’t doing enough in the District of Columbia” to prevent and punish bullying.

Thomas’s hunch is correct. In fact, bullied gay youth are nearly three times more likely to be depressed, and nearly six times more likely to have attempted suicide than gay and transgendered teens who have not experienced high levels of bullying, according to a 2011 study in the Journal of School Health.

What’s more, nine out of 10 gay and transgender students in sixth through twelfth grades report harassment each school year, six in 10 feel unsafe because of their sexual orientation, and three out of 10 feel unsafe because of their gender identity, according to the latest National School Climate Survey by the Gay, Lesbian & Straight Education Network (GLSEN).

DC's Proposal to Curb Bullying in Public Places

It’s only right, then, that the nation’s capitol is seeking to curb bullying by introducing a local act that will affect schools and other public places in DC through bullying prohibition and prevention efforts.

This bill is necessary for young victims of harassment and intimidation by their peers -- and is seen as long overdue by youth advocates.  To date, 45 other states have enacted some type of anti-bullying law. But more to the point, a lot of advocates (myself included) are asking, are these bills strong enough?

DC’s local Bullying and Intimidation Prevention Act of 2011, introduced in January 2011, would crack down on verbal, written, physical and online acts made with an intention of causing harm, fear or disruption to a victim on the basis of some protected characteristic (including race, religion, gender, sexual orientation, gender identity and disability).

It calls upon the District’s public schools, libraries and recreation departments to develop their own policies that make it safe for people to come forward and report on bullying, for those who report bullying to be “held harmless,” and for specific protocols to be written on how to investigate and deal with alleged bullies.  In addition, the bill calls upon DC agencies to develop prevention programs and train those who have contact with youth on bullying prevention if funding allows—a big if in this economic climate.

At a DC Council Committee hearing in early May, several groups spoke out in favor of bill, but suggested additional amendments, as reported by the Washington Blade, which calls itself “America’s leading gay news source”:

• A reporting system to keep track of incidents across systems capable of highlighting prevalence and trends.
  
  
• An implementation task force composed of people inside and outside of city agencies.
  
  
• A broader spectrum of protected groups, including those covered under the D.C. Human Rights Act. This includes discrimination by traditionally less-protected categories such as personal appearance, familial status, political affiliation, genetic information, disability, source of income, status as a victim of an intra-family offense, and place of residence or business.
  
  
• Protection for people who are bullied because of their association will people under protected status. An example would be a straight kid who gets beat up for hanging out with his gay friend.

The Blade article says these amendments are necessary in order to add teeth to a bill that lacks bite.

Nationwide Anti-Bullying Laws

In moving forward, DC may wish to look north just a bit. Earlier this year, New Jersey enacted what Human Rights Campaign calls the nation’s toughest anti-bullying law.

What made it toothy? The requirement that school districts adopt specific and swift policies to address reports of bullying.  Districts weren’t left to their own devices. For example:

• Each school district must have an anti-bullying coordinator.
• Each school must have an anti-bullying specialist  and team.
• Each school will be graded on its effectiveness to curtail bullying.
• Teachers must receive strong suicide-prevention training.
• Parents of all youth involved will be notified and offered services.

Although Tyler Clementi’s legacy leaves a commendable set of new laws in New Jersey, why isn’t the federal government itself leading the nation?

Despite President Obama’s efforts this spring to call attention to the issue and end bullying as a rite of passage for teens, no federal legislation yet exists. The Student Non-Discrimination Act of 2011 and the Safe Schools Improvement Act have been sitting in Congressional Committees since March; in the last legislative session they never made it out of Committee.  The first bill would prohibit discrimination for any student in public school on the basis of sexual orientation and gender identity, allow students to take legal action and allow them to receive compensation. The second bill would require public K-12 schools to have policies preventing bullying and report data to the feds.

The lack of federal leadership, in part, has led all but five states to create a patchwork of legislation. According to the Center for American Progress, 22 of 45 states do not detail specific protections or responses for bullying on the basis of categories like gender, sexual orientation, race and religion.

The domestic violence movement shows us we must be willing to engage all sides.

Do We Need a Bill?

For many LGBT advocates, legislation is an important start; however, legislation alone will not solve the problems of aggression and homophobia within youth culture, churches, and family life. Without a doubt, more work needs to be done within each of these areas, and the time to do it is now.

As I write this, I am reminded that tougher stances on bullying could make schools a place where cops are even more frequent; a place that will bring tolerance for working with bullies down to a grinding halt. The tragedies of zero tolerance are plentiful (see coverage by SparkAction and the OJJDP). 

My own experiences working with youth, particularly in juvenile justice, have demonstrated the importance of second chances for those accused of wrongdoing. Compassion for the circumstances that produce bullies should not be lost in our response. Bullies are often in cycles of problems themselves, and need help not just punishment.

The National Association of School Psychologists offers several individual-level strategies to intervene with youth who’ve bullied others:

1. Determine the impetus for the behavior: Address underlying causes, provide skill development and reinforcement; focus on subcultures; focus on the subculture of a group of students who bully as a unit; pay attention to more serious psychological problems or home-based victimization.
2. Reinforce alternative behaviors: Have youth think of the circumstances that led to bullying; guide toward more appropriate solutions; correct errors in think; learn impulse control; read social cues better; learn alternative coping strategies.
3. Work with parents: Address parenting styles and family issues; offer family support and resource, including sustained family counseling to enforce discipline, communication, and positive interactions between parent and child.
4. Address off-campus bullying: Create a code of conduct inclusive of off-campus behavior; provide parents with resources on cyber-bullying.

I will add one additional strategy that I saw effective in my own school: Bring bullies and/or victims into the process, creating a student-run task force on bullying or creating avenues for student involvement in the disciplinary process. 

I challenge advocates of pending bills – DC and nationally – to keep bullying intervention at the forefront. The domestic violence movement reached a turning point when it started including men who batter into their programs and service plans. Bullying needs to get there, too.  We must be willing to engage all sides. 

Eddy Ameen is an editorial contributor to SparkAction and pre-doctoral psychology intern who counsels teens in the District of Columbia Superior Court. He is formerly the executive director of the Miami homeless youth program, StandUp For Kids.