Mar. 29, 2010: Criminal bullying charges

GOOD EVENING.
I'M JARED IN FOR EMILY.
TONIGHT NINE TEENAGERS IN
SOUTH HADLY ARE FACING
CRIMINAL CHARGES IN CONNECTION
WITH THE SUICIDE OF FOBY
PRINCE.
THE DISTRICT ATTORNEY SAYS THE
TEENS WAGED A VICIOUS BULLYING
CAMPAIGN AGAINST THE
15-YEAR-OLD WITH A TRAGIC
ENDING.
A MERCILESS CAMPAIGN OF
BULLYING AND TORMENT.
THAT IS THE CONCLUSION OF A 10-
WEEK INVESTIGATION INTO THE
JANUARY SUICIDE OF 15-YEAR-OLD
SOUTH HADLY HIGH SCHOOL
FRESHMAN PHOEBE PRINCE.

>> THE EVENTS OF JANUARY 14
WERE NOT ISOLATED.
RATHER, THEY WERE THE
CULMINATION OF A NEARLY THREE-
MONTH CAMPAIGN OF VERBALLY
ABUSIVE, ASSAULTIVE BEHAVIOR
AND THREATS OF PHYSICAL HARM
TOWARDS PHOEBE.

>> Reporter: NORTHWESTERN
DISTRICT ATTORNEY ELIZABETH
SCHEIBEL TODAY ANNOUNCED SIX
STEENS AND THREE JUVENILES
HAVE BEEN INDICTED IN PRINCE'S
DEATH.
CHARGES INCLUDE VIOLATION OF
CIVIL RIGHTS, CRIMINAL
HARASSMENT AND DISTURBING A
SCHOOL ASSEMBLY.
TWO STUDENTS ARE CHARGED WITH
STATUTORY RAPE.

>> THE INVESTIGATION REVEALED
RELENTLESS ACTIVITY DIRECTED
TOWARD PHOEBE, DESIGNED TO
HUMILIATE HER AND TO MAKE IT
IMPOSSIBLE FOR HER TO REMAIN
AT SCHOOL.

>> Reporter: ON THE DAY PRINCE
DIED, SCHEIBEL SAYS THE
STUDENT WAS HARASSED AND
PHYSICALLY THREATENED WHILE
STUDYING IN THE LIBRARY AS SHE
WALKED THE SCHOOL'S HALLWAYS
AND WHILE WALKING HOME.

>> PRIMARILY THREE INDIVIDUALS,
ONE MALE AND TWO FEMALE, WERE
INVOLVED IN THIS ASSAULTIVE
BEHAVIOR WHICH APPEARS TO HAVE
BEEN MOTIVATED BY THE GROUP'S
DISPLEASURE WITH PHOEBE'S
BRIEF DATING RELATIONSHIP WITH
A MALE STUDENT.

>> Reporter: SCHEIBEL SAID
MOST OF THE BULLYING OCCURRED
DURING SCHOOL HOURS AND IT WAS
COMMON KNOWLEDGE TO BOTH
STUDENTS AND FACULTY.

>> HER MOTHER SPOKE WITH AT
LEAST TWO SCHOOL STAFF MEMBERS
ABOUT THE HARASSMENT THAT
PHOEBE HAD REPORTED TO HER.
SOME BY-STANDERS INCLUDING AT
LEAST FOUR STUDENTS AND TWO
FACULTY MEMBERS INTERVENED
WHILE THE HARASSMENT WAS
OCCURRING OR REPORTED IT.

>> Reporter: BOTH PRINCE'S
DEATH AND THE BULLYING-RELATED
SUICIDE OF 11-YEAR-OLD CARL
JOSEPH WALKER HOOVER LAST
APRIL VIRGINIA BEGAN VALIZED
BEACON HILL.
LAWMAKERS APPROVED AN
ANTI-BULLYING BILL EARLIER
THIS MONTH WHICH REQUIRES
TEACHERS TO REPORT BULLYING
BEHAVIOR TO POLICE.
IT'S EXPECTED TO ADVANCE AT
THE STATEHOUSE THIS WEEK.
JOINING ME ARE STATE SENATOR
ROBERT O'LEARY WHO
CO-SPONSORED ANTI-BULLYING
LEDGE LAKES, ROBIN D'ANTONA
BULLYING PREVENTION EXPERT AND
WENDY MURPHY, AN ATTORNEY.
ROBIN, I'LL START WITH YOU.
WE NEVER FULLY UNDERSTOOD THE
SCOPE OF WHAT HAPPENED.
THE SCHOOL WAS PRETTY TIGHT
LIPPED.
WE HAD HEARD THAT THERE MIGHT
BE AS MANY AS 30 PEOPLE
INVOLVED.
WE WERE STILL SURPRISED TO
LEARN THAT NINE PEOPLE, NINE
STUDENTS HAVE CHARGES AGAINST
THEM.
IS THIS A REALLY PRODUCTIVE
WAY TO GO FORWARD WITH THIS?

>> WELL, BULLYING BEHAVIOR
NEVER REALLY HAPPENS IN A
VACUUM.
IT'S ALWAYS MUCH BIGGER THAN
WHAT HAPPENS BETWEEN THE
VICTIM AND THE PERSON THAT'S
THE PERPETRATOR.
IT'S ALWAYS INVOLVED A LARGE
GROUP OF BY-STANDERS.
THOSE BY-STANDERS HAVE
DIFFERENT DEGREES OF
INVOLVEMENT.
SOME OF THEM AS FAR AS I'M
CONCERNED STILL ARE ALSO...
CAN BE CALLED BULLIES.
WE CALL THEM FOLLOWER-HENCHMEN.
OR FOLLOWERS.
THEY ENCOURAGE AND SUPPORT THE
BEHAVIOR.
OFTEN WITHOUT THEIR PRESENCE,
THE BEHAVIOR WOULD DIMINISH OR
ACTUALLY NOT HAPPEN AT ALL.

>> Reporter: HOW PRODUCTIVE
WILL IT BE TO HAVE CHARGES
FILED AGAINST THEM?
THIS IS WHAT WE GENERALLY DO
NOT SEE IS AN INVESTIGATION
LIKE THIS WITH RESULTS LIKE
THIS.

>> WELL, WE'VE REACHED A LEVEL
OF AWARENESS.
WE UNDERSTAND THE BEHAVIOR AND
UNDERSTAND THE INVOLVEMENT OF
PEOPLE.
IN TERMS OF AND THE NUMBERS OF
PEOPLE THAT ARE INVOLVED.
IN TERMS OF PRODUCTIVITY,
THERE NEEDS TO BE CONSEQUENCES
FOR BEHAVIOR.
I CERTAINLY CAN'T SPEAK
DIRECTLY TO THIS PARTICULAR
CASE BECAUSE I DON'T HAVE THE
DETAILS, BUT I CAN TELL YOU
THAT ONE OF THE WAYS TO DEAL
WITH BULLYING BEHAVIOR IS TO
CHANGE THE CLIMATE AND THE
CULTURE.
AND A PIECE OF THAT IS TO HAVE
CLEAR CONSEQUENCES FOR THE
BEHAVIOR.

>> Reporter: SPEAKING OF
CONSEQUENCES, WENDY, A LOT OF
PEOPLE TODAY ARE WONDERING WHY
SCHOOL OFFICIALS DON'T HAVE
MORE RESPONSIBILITY.
YOU'VE WRITTEN ABOUT THE
PUBLIC DUTY RULE WHERE
ESSENTIALLY SCHOOL... THE
SCHOOLS HAVE... THEY'RE NOT
PERMITTED TO... REPORT THIS TO
POLICE.
THEY'RE NOT HELD ACCOUNTABLE.
SHOULD THEY BE HELD
ACCOUNTABLE IN THIS SITUATION?

>> YEAH, I MEAN, IT'S A GOOD
DEVELOPMENT BECAUSE THE KIDS
SHOULD BE PUNISHED.
IT SHOULD BE SEEN AS A
CRIMINAL ACT.
I'M GLAD THAT WE'RE TALKING
ABOUT IT AS A CIVIL RIGHTS
ISSUE BECAUSE THAT'S THAT WAS
REALLY PART EVER WHAT WAS
COMPLAINING ABOUT AS WELL
EARLY ON.
I'M VERY DISAPPOINTED THAT
THERE ISN'T SOMETHING BEING
DONE TO THE SCHOOL OFFICIALS
BECAUSE, YOU KNOW, THE GROWN-UPS
ARE THE PRIMARY RESPONSIBLE
PEOPLE.
YOU'RE REQUIRED BY LAW TO SEND
YOUR KIDS TO SCHOOL BECAUSE
SCHOOL OFFICIALS ARE SUPPOSED
TO, I DON'T KNOW, TEACH YOUR
CHILDREN.
BUT AT A MINIMUM PROTECT THEM
FROM HARM.
WHEN WE TALK ABOUT
ACCOUNTABILITY FOR SOMETHING
AS GROTESQUE AS THIS, AS
PROLIFIC, AS EXTENSIVE AND
ONGOING AND WHEN WE KNOW NOW
THAT THERE WERE SCHOOL
OFFICIALS WHO KNEW WHAT WAS
GOING ON AND DID NOTHING, TO
SAY THAT THEY GET A PASS, OH,
YOU KNOW, IT MAKES ME RECOIL.
IT'S NOT THAT IT'S WRONG...
BETH SCHEIBEL IS A TOUGH
DISTRICT ATTORNEY.
I'M NOT SURPRISED SHE'S THE
ONE TAKING THE LEAD HERE.
SHE'S BEEN PROGRESSIVE ON
ISSUES LIKE THIS ESPECIALLY
AROUND CIVIL RIGHTS.
I'M GLAD WE'RE GOING TO TALK
ABOUT THIS ABOUT AN EVENT OF
VIOLENCE TARGETED AGAINST
PHOEBE PRINCE BASED ON SEX AND
GENDER BECAUSE THAT WILL HELP
US TO CHANGE THE CONVERSATION
IN THE SCHOOLS AS WELL.
TO CALL THIS BULLYING IS
ALMOST A DISSERVICE.
THE MOST COMMON VICTIM OF
BULLYING IS A FEMALE.
SHE'S TARGETED BECAUSE OF HER
GENDER.
IT'S ALMOST ALWAYS SEXUAL.
WE SHOULD BE CALLING THAT A
CIVIL RIGHTS ISSUE.
GOOD FOR BETH SCHEIBEL.
SHE'S GIVING IT A NEW LABEL.
BUT SCHOOL OFFICIALS SHOULD BE
SUED.
THEY SHOULD AT LEAST BE SUED
CIVILLY.
I WOULD ARGUE THEY SHOULD BE
CRIMINALLY PROSECUTED BUT
MAYBE PEOPLE SAY THEY WERE ONE
STEP REMOVED.
CIVIL LAWSUIT IS A MISSING
ELEMENT IN WHAT WE SAW TODAY
AND THE LEGISLATURE IN THIS
STATE HAS FAILED BY INDULGING
LOBBYISTS FOR MUNICIPAL
INSURANCE COMPANIES....

>> Reporter: SENATOR, YOU'VE
JUST CO-SPONSORED THIS
LEGISLATION.
YOU'VE NOW INSTRUCTED, IF IT
PASSES TEACHERS WILL HAVE A
RESPONSIBILITY TO NOTIFY THEIR
POLICE DEPARTMENTS, TO NOTIFY
THE PARENTS OF THE BULLYER AND
THE VICTIM.
HOW MUCH ONUS DO YOU SEE
THERE?

>> I THINK THERE'S CLEARLY A
PROBLEM.
I THINK THE LEGISLATION THAT
WE DID IS AN ATTEMPT TO
ADDRESS THAT PROBLEM.
OF COURSE IT WAS DONE IN THE
SENATE LAST YEAR.
WE DID IT AGAIN IN THE SENATE
THIS YEAR.
NOW THE HOUSE HAS DONE IT.
WE HAVE TWO DIFFERENT BILLS
AND WE HAVE A CONFERENCE BILL
TO COME UP WITH A FINAL
PRODUCT.
WE'RE GOING TO DO THAT THIS
WEEK.
IT WILL GO BEFORE BOTH HOUSES
AND THEN TO THE GOVERNOR.
BUT WE HAVE BUILT INTO THAT
LEGISLATION A REQUIREMENT THAT
IF A SCHOOL, SOMEONE IN THE
SCHOOL BECOMES AWARE OF A
BULLYING INCIDENT, THEY HAVE
TO... THEY'RE OBLIGATED TO
REPORT IT TO THE ADMINISTRATOR
IN THAT SCHOOL WHO IS
RESPONSIBLE.
THAT ADMINISTRATOR, IF IT'S A
CRIMINAL ACT, IT IS REQUIRED
TO REPORT IT TO CRIMINAL
AUTHORITIES.

>> Reporter: TO WHAT END IF
THEY DON'T?

>> IF THEY DON'T THEY'RE IN
VIOLATION OF THE CRIMINAL
CODE.
IF THEY DON'T REPORT IT....

>> NO, THERE ARE NO SANCTIONS
IF THEY DON'T REPORT IT.
THE DEFINITION OF BULLYING IN
THE BILL, WITH ALL DUE RESPECT,
IS THAT IT HAS TO BE SEVERE OR
PERVASIVE.
IT HAS TO GO ON AND ON AND ON
AND ON AND ON BEFORE IT'S
REPORTABLE.
IF THE TEACHERS CHOOSE NOT TO
REPORT IT, THERE ARE NO
SANCTIONS.
IF THEY GET IT WRONG, NOTHING
HAPPENS.
SCHOOLS WANT TO PUSH IT UNDER
THE RUG.
THIS BILL DOES NOTHING....

>> I DON'T AGREE WITH THAT.
I TALK TO A LOT OF SCHOOL
ADMINISTRATORS.
THEY RECOGNIZE THIS IS A
PROBLEM.
THEY FEEL THAT IN SOME
RESPECTS THEIR HANDS HAVE BEEN
TIED BECAUSE BEHAVIOR
OCCURRING OUTSIDE THE SCHOOL
HAS NOT BEEN INCLUDED IN THEIR
PURVIEW.

>> NOW IT IS.

>> NOW WHAT WE'RE TRYING TO DO
IS GET AT THAT.
YOU KNOW, THIS IS A TOUGH
ISSUE BECAUSE, YOU KNOW,
YOU'VE GOT TO GIVE SCHOOL
AUTHORITIES SOME ABILITY TO
DEAL WITH THE PROBLEM AND GIVE
THEM... AND THE ARGUMENT THE
OTHER WAY IS IF YOU
CRIMINALIZE EVERY ACTION IN
THE SCHOOL YOU'RE GOING TO
TURN SCHOOLS INSIDE OUT.
YOU WANT TO CHANGE THE CULTURE
IN THESE SCHOOLS SO THAT
STUDENTS AND TEACHERS
COOPERATE AROUND DEALING WITH
THIS ISSUE.

>> Reporter: WHERE DO THEY DO
THAT?
AS THE DISTRICT ATTORNEY
POINTED OUT TODAY, THIS FAR
EXCEEDED THE LIMITS OF NORMAL
TEENAGE RELATED QUARRELS.
HOW DO YOU START TO MEASURE
THAT?
THIS HAPPENS IN SCHOOLS EVERY
DAY.

>> LOOK, BULLYING IS A VERY
COMPLEX ISSUE.
IT'S NOT SOMETHING THAT CAN
JUST BE DEALT WITH AND HANDLED
IN TERMS OF A LAW.
WHEN YOU REACH THE POINT WHERE
PUNITIVE ACTION IS NECESSARY
BECAUSE OF KIDS' BEHAVIOR, AS
FAR AS I'M CONCERNED THE
SYSTEM HAS FAILED.
WE'VE FAILED MISERABLY IN
TERMS OF, FIRST OF ALL, HAVING
A SYSTEMIC PROGRAM WHERE WE
UNDERSTAND AND ALL AGREE WHAT
BULLYING IS, RESPOND TO IT
APPROPRIATELY.
HAVE APPROPRIATE CONSEQUENCES
AND HAVE REWARDS FOR
APPROPRIATE PRO SOCIAL
BEHAVIORS.
YOU SAID IN YOUR INITIAL
OPENING SPOOECH THERE THAT IT
WAS ABOUT THE BY-STANDERS,
THAT PEOPLE WERE SHOCKED.
WE HAVE TO DEAL WITH THOSE
KIDS.
WE HAVE TO MAKE THEM
UNDERSTAND THAT THIS BEHAVIOR
IS NOT ACCEPTABLE.
THERE WILL BE ACTIONS AND
CONSEQUENCES TO THE BEHAVIOR.
BUT WE ALSO HAVE TO GIVE THEM
THE TOOLS SO THAT THEY KNOW
HOW TO APPROPRIATELY RESPOND
WHEN THEY SEE THE BEHAVIOR
BECAUSE MOST KIDS DON'T
RESPOND BECAUSE THEY'RE AFRAID
THAT GIR GOING TO BECOME THE
TARGETS THEMSELVES.
WE WANT TO BE SURE THAT THERE
ARE WAYS IN WHICH WE CAN
PROTECT ALL THOSE KIDS.

>> IT IS TRUE THAT BULLIES
OFTEN DON'T RESTRAIN
THEMSELVES BECAUSE THEY THINK
THERE ARE NO CONSEQUENCES.
IT'S NOT A CRIME, BULLYING PER
SE.
OBVIOUSLY WE KNOW WE CAN
CHARGE IN CERTAIN
CIRCUMSTANCES.
HERE'S THE PROBLEM.
THIS IS WHY THE LAW IS NOT
GOING TO HELP AT ALL.
IT'S AN EMBARRASSMENT TO PASS
THIS KIND OF BILL, EITHER
VERSION.
I WANT TO LET YOU RESPOND BUT
I WANT TO BE CLEAR ABOUT THIS.
RIGHT NOW IF THERE'S A
BULLYING SITUATION THAT WE ALL
AGREE NEEDS TO BE REDRESSED,
IF THE SCHOOL OFFICIAL FINDS
OUT ABOUT IT, THE LAWYER WOULD
SAY THE BULLY CAN SUE YOU IF
YOU WRONGLY EXPEL HIM.
THE VICTIM CAN'T SUE YOU IF
YOU IGNORE IT.
THAT RISK MANAGEMENT PROBLEM,
THAT LIABILITY DISPARITY COULD
BE AND SHOULD BE CORRECTED.
I'M NOT SAYING LAWSUITS ARE
THE BE ALL AND THE END ALL BUT
IF THE BULLY CAN SUE FOR WRONG
PUNISHMENT, YOU HAVE TO LET
THE VICTIM SUE, SORT OF, TO AT
LEAST CREATE THAT EGALITARIAN
IDEA.

>> I THINK WE NEED TO CHANGE
THE CULTURE IN SCHOOL.
INVITING THE LAWYERS IN TO THE
SCHOOLS ISN'T THE ANSWER.

>> THEY'RE ALREADY THERE.
ON BEHALF OF THE BULLIES.

>> EXCUSE ME.
THAT ISN'T GOING TO SOLVE THE
PROBLEM.
WHAT WE NEED IS CREATE A
SYSTEM THAT REQUIRES SCHOOLS
TO FACE UP TO WHAT'S HAPPENING
IN THEIR SCHOOLS AND THEN
ASOUTHWEST THEM TO ADDRESS IT.
AND INVOLVE THE STUD NENTS
THAT PROCESS.
I THINK THIS LEGISLATION
FRANKLY BEGINS TO MOVE US IN
THAT DIRECTION.

>> IT DOESN'T.

>> Reporter: ROBIN, WHAT ARE
WE DEALING WITH HERE?
I WAS READING THROUGH KEVIN
CULLEN'S COLUMN THAT HE WROTE
IN JANUARY AFTER HER SUICIDE.
HE WAS TALKING ABOUT THE
GLOATING THAT SOME OF THE KIDS
WERE DOING AFTER HER DEATH.
HOW REPORTERS WERE COMING TO
INTERVIEW SOME KIDS ABOUT IT.
THEN THEY WERE BULLIED FOR
TALK TO GO THE MEDIA.
EVEN AFTER THE THIS GIRL KILLS
HERSELF, WE STILL HAVE THIS
MENTALITY.

>> BECAUSE OF THE CULTURE THAT
SUPPORTS THE BEHAVIOR.
THAT'S WHERE THE CHANGE HAS TO
HAPPEN.
IT REALLY DOES.
IT WILL CONTINUE AND CONTINUE
AND CONTINUE.
YOU CAN SPEND YOUR LIFETIME
CHASING AFTER STUDENTS WHO
BULLY AND TAKING CARE OF
VICTIMS, BUT UNLESS YOU DEAL
WITH THE CULTURE, YOU REALLY
HAVEN'T DONE ANYTHING.
IT WILL CONTINUE AND CONTINUE.
THERE'S 30 YEARS OF RESEARCH
THAT SHOW THE BULLYING
BEHAVIOR CAN CHANGE AND IT
NEEDS TO BE DONE SYSTEMICALLY
BY LOOKING AT THE CULTURE AND
CHANGING THE WAY PEOPLE
APPROACH IT AND THINK ABOUT IT
AND RESPOND TO IT.

>> YOU KNOW, LOOK, IF WISHES
WERE DONUTS OR HOWEVER THAT
SAYING GOES, IF WE LIVED IN A
WORLD WHERE YOU COULD JUST
TEACH AND EVERYBODY WOULD DO
THINGS WELL, THAT'S FINE.
YOU KNOW, SOME KIDS IN SOME
SCHOOL DISTRICTS WHERE THEY'RE
FUNDED IN A CERTAIN WAY AND
THEY HAVE A CERTAIN PHILOSOPHY
THEY'RE GOING TO BE BETTER
PROTECTED THERE ARE LOTS OF
COMMUNITIES THAT DO A GOOD JOB
ALREADY.
THEY DON'T NEED LAWSUITS OR
TRAINING OR ANYTHING.
KIDS IN OTHER DISTRICTS OR FOR
THAT MATTER KIDS IN CERTAIN
CLASSROOMS ARE GETTING THE RAW
DEAL BECAUSE THEY'RE LACKING
THIS, THIS, THIS, AND THIS.
THE EQUALIZER IS TO HAVE THE
SYSTEMIC LEGAL REFORM, WHERE
EVERY KID FACES THE
POSSIBILITY OF CRIMINAL
PROSECUTION.
EVERYONE KNOWS THEY COULD GET
IN A CERTAIN TROUBLE IF THEY
DON'T DO IT RIGHT.
THE LEGISLATION DOESN'T GO
THERE.
THESE CRIMINAL PROSECUTIONS
ARE GOOD BUT A TON OF BAD
THINGS HAD TO HAPPEN BEFORE
THERE COULD BE....

>> Reporter: EVERYWHERE ELSE
IN THE LEGISLATION AND IS
MOVING ALONG SHOULD GO TO THE
GOVERNOR VERY SOON.
THANK YOU FOR ALL COMING HERE
TODAY.
AND IN A MOMENT HE'S RUNNING
FOR GOVERNOR AND SOME SAY ON
FUMES.