I can see the positive outcomes Mr. Gipson would like to have but is it wise to saddle elementary school kids a criminal record? Second-graders are not rational beings and sometimes they may randomly say something to each other which could be construed as bullying; this is something that would be on their record until they are 18 and could, actually, wind up being used against them in a cruel and bullying manner--"hah hah! David's a bully! David's a bully! he's got a record! he's got a record! are you going to join the Mafia since you are a criminal? are you a thug? you should be behind bars!".CARSON, Calif. — When Councilman Mike Gipson heard that a 16-year-old in nearby Compton had killed himself just before a parent-teacher conference because he had been bullied in school, he knew he had to do something.
“He was bullied from middle school to high school,” Gipson said. “His parents found him in a puddle of blood … the same age as my son.”
Then there was a gay student in Monterey who was shot in the back of the head in class by a boy he was rumored to have a crush on.
“When we look at all these situations, we had to do something in the spirit of saving lives,” Gipson said.
His solution is to make bullying a criminal offense that could result in misdemeanor charges against children as young as 5 and young adults as old as 25. People 18 or older who violate the code could face a misdemeanor charge on the first offense. Minors and their parents would face up to a $100 fine for a first violation, as much as $200 for a second and up to $500 and a misdemeanor charge for a third.
The Carson City Council is expected to approve the ordinance Tuesday, making it the first city in California to criminalize bullying and the only one in the nation with such harsh penalties. It would take effect within 30 days.
The proposed ordinance defines bullying to include verbal, physical and written harassment, including cyberbullying.
“If I’m a parent who receives a citation, I should think that maybe my child needs some help,” said Gipson, a Democrat and third-term councilman who is running for the 64th District seat in the California State Assembly.
“I can’t accept it when people say, ‘It’s part of growing up.’ Is suicide a part of growing up?” he said. “Small bullies become big bullies.”
National and state anti-bullying campaigns have sprung up in the last decade. A 2011 Centers for Disease Control study that found that 20 percent of high school students reported being bullied at school the prior year sparked more action. The CDC said harassment can result in murder, suicide, physical injury, social and emotional distress, depression, anxiety and problems at school and with sleeping.
Also, their definition of bullying is far too vague to be useful. The phrase "you dressed sloppily today" could be taken as bullying, depending upon who said it, how it is said, and the emotional framework of the person to whom it was said. If I don't let our son play a video game at a particular point in time he may say "but I didn't get a turn on the computer! you're mean", but is this bullying? If I tell our daughter "those pants do not go with that shirt--go change" she may storm off half-shouting "why can't I be cute?! You don't let me dress myself! You must not love me!" but that certainly wasn't bullying.
It is also helpful--albeit not cost- or time-effective--to look into the reasons why a particular bully, if that sort of behavior has clear indicators and an established history, is a bully. Perhaps they live with a bully and the behavior is learned. Perhaps they were abused by a relative or foster parent. Perhaps they have undiagnosed behavioral or emotional problems which require medication. Perhaps their mother has a revolving door of male "acquaintances" at the house. Perhaps a parent died while fighting in a war and they don't know how to handle it. Or...perhaps that little shit is just an asshole. Anyway...it isn't helpful to the bully, much less to anyone else, to give them a ticket or a criminal offense and think that will somehow solve the problem. How many criminals are career criminals, repeating offenses over and over because they simply don't learn the lesson?
On the other hand, we keep teaching children not to solve problems with violence and we have done such a good job at this that they lack the skills to deal with bullies, who thrive on conflict or the feelings of superiority they gain from abusing someone else. Perhaps if the bully got the black eye he deserved or if her front two teeth got knocked out they might quit that sort of crap. Perhaps if corporal punishment got reintroduced into schools this sort of thing might ease up--the punishment for bullying someone is that you get five licks in front of the class or at least you have to draw a ring on the chalkboard and put your nose in it until you are told to sit down. Sending kids to d-hall or on-campus suspension is meaningless--our daughter got sent to ISS (her school's version of on-campus suspension) and what was the end result? She earned some "street cred" with the wild-child crowd. [sarcasm]Great.[/sarcasm]
Cyberbullying....well, there is an easy answer to that--don't go to social media with your computer. Block people who engage in the behavior. Of course, you should also screen-shot and/or print their cyberbullying so that you can give it to them for graduation, saying "remember when? you're an asshole". Don't forget to keep giving it to them at every reunion, as well, just so they remember what they did until they sincerely apologize in front of everyone.
Clearly, though, the victims need to be taught how to deal with bullying. I got bullied in elementary school. I remember some jerk taunting me calling me "Einstein" until I looked at him one day and said out loud in class "so....you're trying to insult me be calling me smart? smarter than you? really?" He didn't say it any more after that. I didn't have as much luck with my older brother, though, who nearly dislocated my shoulder once...but don't tell my mother--she still doesn't know that. Still...living well is the best revenge--he failed out of college, clearing the way for me to be the first in my family to graduate from university.