The Chickens Have Come Home To Roost, Thank You Jesus, Allah, and Buddha

Outside Florence on the way to visit David

1/28/2010

Dear Senator Storms:

Tom Gonzales, board attorney for the schools, has sent me a letter with a copy to you alleging that the bullying law does not apply to school employees. He errs. He does so deliberately. He thinks if a lawyer says something about a piece of writing that it must be taken as gospel even when the plain English words say otherwise.

This big spoiled baby litigator expects people not to disagree with him; if they do, they must fall down and do obeisance, beat their chest, kiss the hem of his robe, and say they erred and to please forgive them, Massa Tom.

I am not adept at that maneuver, however, and beg to differ with Mr. Tom's quixotic interpretation of the law.

I append the implementation submission that the schools sent to the Secretary of Education as required. It plainly says both employees and students will receive the benefits of the bullying law. I read in the paper a case in which employees have already used it in another county. I infer the thinking that went into that faux document that the board cooked up for Dr. Smith was the usual board and administration flim-flam of "We'll say this, but we won't do it." That's their idea of adroit administration.

A person of average intelligence can understand that the law applies to students and personnel according to the language of the law and the language of this implementation proposal by the Hillsborough County schools. Mr. Gonzalez distorts the law ad lib and expects people to swallow this distortion because disagreement is not coincident with his bosses'--the board and administration--desire to be able to retaliate against teachers or staff with the Professional Standards Office Abu Ghraib, which the board and administration use to shut teachers up by cooking up false charges against them and threatening their jobs.

I asked Ms. Kipley, the erudite home-ec credentialed head of this Professional Standards gauntlet, who wears the most astonishing high-heeled see-through footwear and who got the job with no competition, having been beneficiary of the jobs program the superintendent runs for family and sycophants, for sample public-information charges against teachers. She provided a stack. I asked her for charges against administrators; she didn't come up with any: zilch. Professional Standard is a boutique Abu Ghraib that tortures only teachers.

The Professional Standards office is nothing but an in-house control mechanism to shut up teachers with the understood threat of losing their jobs if they speak out. If teachers have access to the bullying law, they have a tool to fend off this bullying and threats to their jobs.

The board pretends it doesn't know what's going on. The board is dumb, but not that dumb. It gives silent approval to this bullying abuse of teachers.

This situation is simple. We don't need Machiavelli to explain what's going on. Mr. Gonzalez' piney-woods Jesuitical reading of the law comes from his bosses' desire to prevent teachers and staff from having the protection of the bullying law. Mr. Gonzalez will twist language to say anything he thinks his bosses want him to say. He thinks his flim-flam will make the criticism go away. The man's ego is the Hindenburg.

Don't let him bamboozle you, Senator. And do what only an elected official can do: ask the Attorney General for an opinion on whether the bullying law applies to both students and staff in the county schools. Mr. Gonzalez, the board, and the administration will hate you. But the bazillion of teachers in the county will worship the ground you walk on.

These teachers that the board allows the administration to bully and mistreat are your constituents; they live in your country. They teach our children and grandchildren. They should have the protection of a senator such as you have shown yourself to be who is not afraid to use her power to rein in such dicey practitioners as Mr. Gonzalez's in his louche treatment of language to coincide with his bosses' prejudices and ugly practices.

Respectfully,

Lee Drury De Cesare

Tom Gonzalez

School Board

Ms. Elia

THE SCHOOL BOARD OF STUDENTS

HILLSBOROUGH COUNTY, FLORIDA

Hillsborough County Public Schools

Policy Against Bullying and Harassment

5517.01/page 1 of 7

It is the policy of Hillsborough County Public Schools that all of its students and school

employees have an educational setting that is safe, secure, and free from harassment and

bullying of any kind. The district will not tolerate bullying or harassment of any type.

Conduct that constitutes bullying or harassment, as defined herein, is prohibited.

Definitions

“Bullying” means systematically and chronically inflicting physical hurt or psychological

distress on one or more students, employees, or visitors. It is further defined as unwanted

and repeated written, verbal, or physical behavior, including any threatening, insulting, or

dehumanizing gesture, by a student or adult, that is severe or pervasive enough to create an

intimidating, hostile, or offensive educational environment; cause discomfort or humiliation;

or unreasonably interfere with the individual’s school performance or participation; and may

involve but is not limited to:

A. Teasing

B. Social Exclusion

C. Threat

D. Intimidation

E. Stalking

F. Cyberbullying

G. Cyberstalking

H. Physical violence

I. Theft

J. Sexual, religious, or racial harassment

K. Public humiliation

L. Destruction of property

“Harassment” means any threatening, insulting, or dehumanizing gesture, use of data or

computer software, or written, verbal or physical conduct directed against a student or

school employee that:

A. places a student or school employee in reasonable fear of harm to his or her

person or damage to his or her property; or

B. has the effect of substantially interfering with a student’s educational

performance, opportunities, or benefits; or

C. has the effect of substantially disrupting the orderly operation of a school

Bullying and harassment also encompasses:

A. Retaliation against a student or school employee by another student or school

employee for asserting or alleging an act of bullying or harassment. Reporting

an act of bullying or harassment that is not made in good faith is considered

retaliation.

B. Perpetuation of conduct listed in the definition of bullying or harassment by an

individual or group with intent to demean, dehumanize, embarrass, or cause

emotional or physical harm to a student or school employee by:

1. Incitement or coercion;

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THE SCHOOL BOARD OF STUDENTS

HILLSBOROUGH COUNTY, FLORIDA

5517.01/page 2 of 7

2. Accessing or knowingly and willingly causing or providing access to data

or computer software through a computer, computer system, or computer

network within the scope of the district school system; or

3. Acting in a manner that has an effect substantially similar to the effect of

bullying or harassment.

"Harassment" or "bullying" also includes electronically transmitted acts (i.e., internet, e-mail,

cellular telephone, personal digital assistance (PDA), or wireless hand-held device) directed

toward a student(s) or staff member(s) that causes mental or physical harm or is sufficiently

severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive

educational environment for the other student(s).

Cyberstalking as defined in s. 784.048(1)(d), F.S., means to engage in a course of conduct

to communicate, or to cause to be communicated, words, images, or language by or through

the use of electronic mail or electronic communication, directed at a specific person, causing

substantial emotional distress to that person and serving no legitimate purpose.

Expected Behavior

Hillsborough County Public Schools expects students and school employees to conduct

themselves appropriately for their levels of development, maturity, and demonstrated

capabilities, with a proper regard for the rights and welfare of other students and school

staff, the educational purpose underlying all school activities, and the care of school facilities

and equipment.

The school district believes that standards for student behavior must be set cooperatively

through interaction among the students, parents/legal guardians, staff, and community

members producing an atmosphere that encourages students to grow in self-discipline. The

development of this atmosphere requires respect for self and others, as well as for district

and community property on the part of students, staff, and community members. Since

students learn by example, school administrators, faculty, staff, and volunteers will

demonstrate appropriate behavior; treat others with civility and respect, and refuse to

tolerate bullying or harassment.

The school district upholds that school-related bullying or harassment of any student or

school employee is prohibited:

A. During any education program or activity conducted by a school sites educational

institution;

B. During any school-related or school-sponsored program or activity;

C. On a school bus or bus stop of a school sites educational institution; or

D. Through the use of data or computer software that is accessed through a

computer, computer system, or computer network of a school sites education

institution.

Consequences

Concluding whether a particular action or incident constitutes a violation of this policy

requires a determination based on all of the facts and surrounding circumstances. The

physical location or time of access of a computer-related incident cannot be raised as a

defense in any disciplinary action. Consequences and appropriate remedial action for

students who commit acts of bullying or harassment may range from positive behavioral

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THE SCHOOL BOARD OF STUDENTS

HILLSBOROUGH COUNTY, FLORIDA

5517.01/page 3 of 7

interventions up to and including suspension or expulsion, as outlined in the Code of

Student Conduct. A district employee found to have committed an act of bullying or

harassment may be disciplined in accordance with district policies, procedures, and

agreements. Additionally, egregious acts of harassment by certified educators may result in

a sanction against that educator’s state issued certificate. (See State Board of Education

Rule 6B-1.006, FAC., The Principles of Professional Conduct of the Education Profession in

Florida.) Consequences and appropriate remedial action for a visitor or volunteer, found to

have committed an act of bullying or harassment shall be determined by the school

administrator after consideration of the nature and circumstances of the act, including

reports to appropriate law enforcement officials.

Consequences and appropriate remedial action for a student found to have wrongfully and

intentionally accused another as a means of bullying or harassment range from positive

behavioral interventions up to and including suspension or expulsion, as outlined in the

Code of Student Conduct. A district employee found to have wrongfully and intentionally

accused another as a means of bullying or harassment may be disciplined in accordance

with district policies, procedures, and agreements. Consequences and appropriate remedial

action for a visitor or volunteer, found to have wrongfully and intentionally accused another

as a means of bullying or harassment shall be determined by the school administrator after

consideration of the nature and circumstances of the act, including reports to appropriate

law enforcement officials.

Procedure for Reporting

At each school, the principal or the principal’s designee is responsible for receiving

complaints alleging violations of this policy. All school employees are required to report

alleged violations of this policy to the principal or the principal’s designee. All other members

of the school community, including students, parents/legal guardians, volunteers, and

visitors are encouraged to report any act that may be a violation of this policy anonymously

or in-person to the principal or principal’s designee.

The principal/site administrator of each school or site in the district shall establish, publicize,

and prominently post (e.g., posters, student handbook, district website, school website) to

students, staff, volunteers, and parents/legal guardians, how a report of bullying or

harassment may be filed either in-person or anonymously and how this report will be acted

upon. The victim of bullying or harassment, anyone who witnessed the bullying or

harassment, and anyone who has credible information that an act of bullying or harassment

has taken place may file a report of bullying or harassment. A district employee, school

volunteer, student, parent/legal guardian or other persons who promptly reports in good faith

an act of bullying or harassment to the appropriate school official and who makes this report

in compliance with the procedures set forth in the district policy is immune from a cause of

action for damages arising out of the reporting itself or any failure to remedy the reported

incident. Submission of a good faith complaint or report of bullying or harassment will not

affect the complainant or reporter’s future employment, grades, learning, working

environment, or work assignments.

Any written or oral reporting of an act of bullying or harassment shall be considered an

official means of reporting such act(s). Reports may be made anonymously, but formal

disciplinary action may not be based solely on the basis of an anonymous report.

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