New York: It is not clear what some students at South Hadley High School expected to achieve by subjecting a freshman to the relentless taunting described by a prosecutor and classmates.
Certainly not her suicide. And certainly not the multiple felony indictments against several students at the Massachusetts school.
The prosecutor brought charges Monday against nine teenagers, saying their taunting and physical threats were beyond the pale and led the freshman, Phoebe Prince, to hang herself from a stairwell in January.
The charges were an unusually sharp legal response to the problem of adolescent bullying, which is increasingly conducted in cyberspace as well as in the schoolyard and has drawn growing concern from parents, educators and lawmakers.
In the uproar around the suicides of Prince, 15, and an 11-year-old boy subjected to harassment in nearby Springfield last year, the Massachusetts Legislature stepped up work on an anti-bullying law that is now near passage. The law would require school staff members to report suspected incidents, and principals to investigate them. It would also demand that schools teach about the dangers of bullying. Forty-one other states have anti-bullying laws of varying strength.
In the Prince case, two boys and four girls, ages 16 to 18, face a different mix of felony charges that include statutory rape, violation of civil rights with bodily injury, harassment, stalking and disturbing a school assembly. Three younger girls have been charged in juvenile court, Elizabeth D. Scheibel, the Northwestern district attorney, said at a news conference in Northampton, Mass.
Appearing with state and local police officials on Monday, Scheibel said that Prince's suicide came after nearly three months of severe taunting and physical threats by a cluster of fellow students.
"The investigation revealed relentless activities directed toward Phoebe to make it impossible for her to stay at school," Scheibel said. The conduct of those charged, she said, "far exceeded the limits of normal teenage relationship-related quarrels."
It was particularly alarming, the district attorney said, that some teachers, administrators and other staff members at the school were aware of the harassment but did not stop it. "The actions or inactions of some adults at the school were troublesome," Scheibel said, but did not violate any laws.
Christine Swelko, assistant superintendent for the South Hadley Public Schools, said school officials planned to meet with the district attorney this week or next. "We will then review this evidence, and particularly the new information, which the district attorney's office has, but did not come to light within the investigation conducted by the school," Swelko said in a statement.
"Once we are able to obtain this information we will be able to make a more comprehensive statement and possibly take further action against the students still attending South Hadley High School."
Prince's family had recently moved to the United States from a small town in Ireland, and she entered South Hadley last fall. The taunting started when she had a brief relationship with a popular senior boy; some students reportedly called her an "Irish slut," knocked books out of her hands and sent her threatening text messages, day after day.
At South Hadley High School, which has about 700 students, most students and teachers refused on Monday to talk about the case. Students waited for parents in the pouring rain and a sports team ran by, with one student telling reporters, "Go away."
Ashlee Dunn, a 16-year-old sophomore, said she had not known Prince personally, but had heard stories spread about her in the hallways.
"She was new and she was from a different country, and she didn't really know the school very well," Dunn said. "I think that's probably one reason why they chose Phoebe."
On January 14, the investigation found, students abused her in the school library, the lunchroom and the hallways and threw a canned drink at her as she walked home. Her sister found her hanging from a stairwell at home, still in her school clothes, at 4:30 pm.
Some of the students plotted against Prince on the Internet, using social networking sites. But the main abuse was at school, the prosecutor said.
"The actions of these students were primarily conducted on school grounds, during school hours and while school was in session," Scheibel said.
Scheibel declined to provide details about the charges of statutory rape against two boys, but experts said those charges could mean that the boys had sex with Prince when she was under age.
Legal experts said they were not aware of other cases in which students faced serious criminal charges for harassing a fellow student, but added that the circumstances in this case appeared to be extreme and that juvenile charges were usually kept private.
The Massachusetts House and Senate have passed versions of an anti-bullying law, but disagreement remains on whether all schools will be required to conduct staff training about bullying. It is a provision in about half the states with such laws and one that is vital, said Robert Trestan, Eastern States Civil Rights Counsel of the Anti-Defamation League, which has led the effort for legislation in Massachusetts.
The prospective law, Trestan said, is aimed at changing school cultures and preventing bullying, but would not label bullying per se a crime because it is a vague concept.
"These indictments tell us that middle school and high school kids are not immune from criminal laws," he said. "If they violate them in the course of bullying someone, they'll be held accountable. We don't need to create a new crime."
A South Hadley parent, Mitch Brouillard, who said his daughter Rebecca had been bullied by one of the girls charged in Prince's death, said he was pleased that charges were brought. One of the students was charged separately in a case involving his daughter.
"My daughter was bullied for three years, and we continually went to the administration and we really got no satisfaction," Brouillard said, adding, "I was offered an apology a few weeks ago that they should have handled it differently."
The school has convened an anti-bullying task force, which met Monday evening, to help determine how to deal with bullying. "That's the really clear message we're trying to send - if you see anything at all, online, through friends, you have to tell us," said Bill Evans, a school administrator leading a subcommittee group.
The task force must also consider whether state law affects existing procedures. "The big question out there is what the legislature will impose on school districts," Evans said.
Harvey Silverglate, a lawyer in Cambridge, Mass., who has argued that proposed cyberbullying laws are too vague and a threat to free speech, said that he thought the charges announced Monday would pass legal muster. The sorts of acts of harassment and stalking claimed in the charges were wrong under state law, Silverglate said, but a question would be whether they were serious enough to constitute criminal violations, as opposed to civil ones.
"There is a higher threshold of proof of outrageous conduct needed to reach the level of a criminal cause of action, in comparison to the lower level of outrageousness needed to prove a civil violation," he said.
A lawsuit involving another case of high school bullying, in upstate New York, was settled on Monday. A gay teenager had sued the Mohawk Central School District, saying school officials had not protected him from taunts.
In the settlement, the district said it would increase staff training to prevent harassment, pay $50,000 to the boy's family and reimburse the family for counselling, The Associated Press reported. The boy has moved to a different district.
Certainly not her suicide. And certainly not the multiple felony indictments against several students at the Massachusetts school.
The prosecutor brought charges Monday against nine teenagers, saying their taunting and physical threats were beyond the pale and led the freshman, Phoebe Prince, to hang herself from a stairwell in January.
In the uproar around the suicides of Prince, 15, and an 11-year-old boy subjected to harassment in nearby Springfield last year, the Massachusetts Legislature stepped up work on an anti-bullying law that is now near passage. The law would require school staff members to report suspected incidents, and principals to investigate them. It would also demand that schools teach about the dangers of bullying. Forty-one other states have anti-bullying laws of varying strength.
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Appearing with state and local police officials on Monday, Scheibel said that Prince's suicide came after nearly three months of severe taunting and physical threats by a cluster of fellow students.
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It was particularly alarming, the district attorney said, that some teachers, administrators and other staff members at the school were aware of the harassment but did not stop it. "The actions or inactions of some adults at the school were troublesome," Scheibel said, but did not violate any laws.
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"Once we are able to obtain this information we will be able to make a more comprehensive statement and possibly take further action against the students still attending South Hadley High School."
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At South Hadley High School, which has about 700 students, most students and teachers refused on Monday to talk about the case. Students waited for parents in the pouring rain and a sports team ran by, with one student telling reporters, "Go away."
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"She was new and she was from a different country, and she didn't really know the school very well," Dunn said. "I think that's probably one reason why they chose Phoebe."
On January 14, the investigation found, students abused her in the school library, the lunchroom and the hallways and threw a canned drink at her as she walked home. Her sister found her hanging from a stairwell at home, still in her school clothes, at 4:30 pm.
Some of the students plotted against Prince on the Internet, using social networking sites. But the main abuse was at school, the prosecutor said.
"The actions of these students were primarily conducted on school grounds, during school hours and while school was in session," Scheibel said.
Scheibel declined to provide details about the charges of statutory rape against two boys, but experts said those charges could mean that the boys had sex with Prince when she was under age.
Legal experts said they were not aware of other cases in which students faced serious criminal charges for harassing a fellow student, but added that the circumstances in this case appeared to be extreme and that juvenile charges were usually kept private.
The Massachusetts House and Senate have passed versions of an anti-bullying law, but disagreement remains on whether all schools will be required to conduct staff training about bullying. It is a provision in about half the states with such laws and one that is vital, said Robert Trestan, Eastern States Civil Rights Counsel of the Anti-Defamation League, which has led the effort for legislation in Massachusetts.
The prospective law, Trestan said, is aimed at changing school cultures and preventing bullying, but would not label bullying per se a crime because it is a vague concept.
"These indictments tell us that middle school and high school kids are not immune from criminal laws," he said. "If they violate them in the course of bullying someone, they'll be held accountable. We don't need to create a new crime."
A South Hadley parent, Mitch Brouillard, who said his daughter Rebecca had been bullied by one of the girls charged in Prince's death, said he was pleased that charges were brought. One of the students was charged separately in a case involving his daughter.
"My daughter was bullied for three years, and we continually went to the administration and we really got no satisfaction," Brouillard said, adding, "I was offered an apology a few weeks ago that they should have handled it differently."
The school has convened an anti-bullying task force, which met Monday evening, to help determine how to deal with bullying. "That's the really clear message we're trying to send - if you see anything at all, online, through friends, you have to tell us," said Bill Evans, a school administrator leading a subcommittee group.
The task force must also consider whether state law affects existing procedures. "The big question out there is what the legislature will impose on school districts," Evans said.
Harvey Silverglate, a lawyer in Cambridge, Mass., who has argued that proposed cyberbullying laws are too vague and a threat to free speech, said that he thought the charges announced Monday would pass legal muster. The sorts of acts of harassment and stalking claimed in the charges were wrong under state law, Silverglate said, but a question would be whether they were serious enough to constitute criminal violations, as opposed to civil ones.
"There is a higher threshold of proof of outrageous conduct needed to reach the level of a criminal cause of action, in comparison to the lower level of outrageousness needed to prove a civil violation," he said.
A lawsuit involving another case of high school bullying, in upstate New York, was settled on Monday. A gay teenager had sued the Mohawk Central School District, saying school officials had not protected him from taunts.
In the settlement, the district said it would increase staff training to prevent harassment, pay $50,000 to the boy's family and reimburse the family for counselling, The Associated Press reported. The boy has moved to a different district.
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