Services for Attorneys

Expert Witness and Consultancy Services

A graduate of Willamette University College of Law, Nancy Willard was a practicing attorney in Oregon before transitioning to educational technology consulting, and then to a focus on digital safety, bullying, and harassment.

Nancy approach to bullying prevention and response is grounded in research and helps schools to implement a comprehensive approach that fully engages students and resolves bullying situations in a way that is reasonably calculated to support all students.  She is the author of Engage Students to Embrace Civility, a book for school leaders, and Be Positively Powerful: A Guide for Teens on Achieving Resilience and Empowerment.

Nancy has deep knowledge of case law, federal and state laws, and regulations associated with bullying and discriminatory harassment.  She approaches litigation or agency actions with a comprehensive mindset and is able to identify what school leaders should do under the laws and regulations, what the frequent missteps are, and the degree of harm to students who have been targeted. Nancy is not just a bullying and legal expert; she is an expert communicator–a former teacher who has presented at numerous workshops and conferences.

Nancy can provide expert witness services for plaintiff or defense counsel in situations involving litigation in relation to discriminatory harassment or sexual harassment cases under civil rights laws, including answering such questions as:

  • Whether serious, persistent, or pervasive harassment, discrimination, or bullying occurred that was based on protected class status or perception of such status.
  • Whether appropriate school officials had actual knowledge of the situation.
  • Whether the school investigated appropriately in a manner that would identify the critical factors necessary to ensure an effective intervention.
  • Whether the response to the situation was adequate in light of the situation and was reasonably calculated to stop the harassment, prevent retaliation, remedy the harm and prevent future harm to the target, and correct aspects of the environment that appeared to be fueling the harassment.
  • Whether any interference or denial of access to educational or school opportunities resulted for the target.
  • A strategy attorneys can likely use to ensure that a student who is experiencing a hostile environment will be considered to be a student within a protected class — even if at first it does not appear that this student fits within the protected classes.

These services can include assistance in investigation and discovery, as well as providing expert testimony.

For attorneys representing school districts, these services will primarily focus on the development of recommendations for a settlement agreement or consent decree to address ongoing concerns of a student or group of students in a positive manner that resolves the current situation, remedies the harm, and moves the district forward in a manner that supports all students.

Nancy has paid close attention to what happened in the Anoka Hennepin School District, which in 2012, entered into a consent decree with the U.S. Departments of Education and Justice. The Assistant Attorney General stated at the time, “We hope the district will become a model for schools nationwide by providing a safe and nurturing learning environment for all students free from bullying and harassment.”

Components of this consent decree are considered essential. However, a review of the annual reports required to be submitted by the district reveals that problems remained. Nancy considers this decree approach to be an excellent initial model to follow–but the approach needs to be informed and updated by more current research insight.

Also for attorneys representing school districts, Nancy can provide guidance to school district counsel on strategies for schools to respond to free speech, hate speech, and off-campus speech concerns.

In addition, as a former special education teacher, Nancy has paid close attention to the concerns of students with disabilities who are experiencing disabilities. Nancy can provide guidance on how schools can best address these situations within the context of the student’s IEP or 504 Plan.

Articles and Law Review Articles

New article submitted to law review. Establishing Deliberate Indifference to a Hostile Environment Under Civil Rights Laws: Reliance on Civil Rights Regulations and Guidance

Cyberbullying: From School House to Courthouse. Co-authored with Adele Kimmel. Trial. American Association for Justice. January 2018.

Student Online Off-campus Speech: Assessing “Substantial Disruption.” Albany Journal of Law and Technology. Dec 3, 2012.

School Response to Cyberbullying and Sexting: The Legal Challenges, BYU Educ. & L.J. 75 (2011)

Nancy Willard, “Legal and Ethical Issues Related to the Use of the Internet in K-12 Schools,” BYU Educ. & L.J. 225 (2000)

Resume

Nancy Willard’s Resume.

Contact

Please contact Nancy at nwillard@embracecivility.org

Endorsement

Nancy Willard is a pioneer in the identification, analysis and prevention of bullying and cyberbullying in schools and has done as much as anybody to inspire a level of concern and scholarship in the area that will eventually lead to a reduction in school bullying. While the law has been slow to address the reality and impact of bullying in schools and workplaces, Nancy has been on the cutting edge of legal research and scholarship. She combines her extensive teaching and legal experience with a fiery devotion to making the school environment safer for all children, especially the marginalized ones who are frequently targets of aggressive mistreatment.

Nancy has an unparalleled grasp on laws and regulations that can be called on to address bullying behavior. Most importantly, she knows how to identify where a school and/or school district failed to adequately protect students from bullying and how to use those laws and regulations to place those schools on the right track. No attorney should venture into this area without a sophisticated understanding of the laws and regulations and of what evidence is required to prove a bullying case within the current legal environment.

Nancy Willard is the most qualified person I know to act as an expert witness in school bullying cases. Nancy understands the school environment, the various players involved in bullying cases, and where well-intentioned plaintiffs’ representatives can go wrong with an inadequate understanding and appreciation of the laws and regulations. I encourage attorneys representing children who were bullied in school and their parents to contact Nancy as early as possible, while the facts are still being investigated. Nancy knows what to look for, what to ask, and what the issues are. She is an incredibly valuable asset for any plaintiff’s counsel in a school bullying case.

I have known Nancy Willard for thirteen years and have enjoyed collaborating and corresponding with her over the years. Nancy has impressive energy, a passionate sense of mission, and a no-nonsense approach. You can trust Nancy to “tell it like it is” and just what your or your clients might prefer to hear. She knows her stuff and I recommend her highly and without qualification.

Mike Tully
Mike Tully is an attorney who served on the Board of Directors of the International Bullying Prevention Association from 2007 –  2010. He served as a school attorney and a bullying and cyberbullying prevention specialist at the University of Arizona College of Education. Mr. Tully also authored the Pima County, Arizona, workplace bullying policy.

Trial Consultancy

Trial Consultant or Expert Witness Services 

Nancy Willard, M.S., J.D.

Nancy Willard is a former special education teacher of “at risk” students and former attorney, who was a member of the Oregon State Bar. 

She has focused on issues of digital safety, bullying, and cyberbullying since the mid-90’s. Since 2012, when it was becoming clear that school prevention efforts were not achieving a favorable result, she focused her attention on exploring the research regarding why this is the case and what can be done to improve school efforts.

This research insight relates directly to the deliberate indifference of schools to situations where students are being bullied and harassed. 

She has sought to inform school leaders through articles in such publications as the American Association of School Administrators’ School Administrator and District Administration. You can review her resume here.

Given the profoundly increased need for legal support for students and the apparent challenges in prevailing in these cases, she has launched services as a trial consultant or expert witness as of 2017. She has also initiated efforts to establish a “collaborative” of other experts in this field who can provide services for attorneys or agency staff. 

Services are available for:

  • Attorneys who are supporting students who have been suffered discriminatory harassment or bullying.
  • Civil rights agency staff for investigation and development of remediation plans.
  • Attorneys working for school districts in developing a meaningful settlement plan.

Nancy’s focus is on achieving the following:

  • Schools are held accountable to remedy the harm inflicted by students or staff on a student or students.
  • Hurtful situations within schools and online are effectively addressed to allow students who were targeted and, to the fullest extent possible, those who have been hurtful to continue to be part of a school community–with a full resolution of the concerns. 
  • The school engages in comprehensive efforts to remedy the hostile environment that has created concerns for the targeted student–and quite likely other students

Nancy’s preference is to work as a trial consultant. She can also serve as an expert witness. As a trial consultant, it is her intent to assist with investigation and discovery in a manner that obtains the necessary information rapidly and expeditiously.

Trial consultant supports to plaintiff counsel:

  • Detailed questionnaire for the parent/student. This can be provided to the parent/student to complete–thus reducing attorney time. This questionnaire solicits detailed information that is based on the necessary requirements for establishing causes of action, as informed by research.
  • Recommendation on a pre-filing investigation approach. 
  • Assistance in drafting of complaint. 
  • Recommendations of interrogatories for key school personnel and requests for production. This approach can obtain necessary information in a manner that is more cost effective than depositions. 
  • Recommendations for questions for deposition, if necessary. 
  • Preparation of draft settlement memorandum setting forth facts and legal analysis–with final to be prepared by attorney.
  • Further case assistance, if settlement is not achieved. 

Additional services are these:

  • Guidance to attorneys representing schools in situations where free speech concerns have been raised either in the context of disparaging speech on campus or off-campus speech.
  • Case analysis and development of a recommended settlement agreement in bullying or harassment cases for attorneys representing schools.
  • Investigation and settlement guidance to agencies that are responding to student complaints. 

Contact

Please contact Nancy via  email for more information.
 

Home

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Embrace Civility In The Digital Age

Shifting from “bullying prevention” to “embracing civility.”

The focus of Embrace Civility in the Digital Age is on promoting and strengthening positive behaviors that will foster positive relations. Embracing civility is an approach that shifts from rules and punishment “bullying prevention” to creating an environment where hurtful behavior is incompatible with the accepted social norms–a positive school or organization climate and cultural competence. This requires:

Empowering young people to embrace civility by helping them gain the values and skills to:

  • Effectively step in to help if they witness hurtful behavior.
  • Stop themselves from being hurtful and make things right if they have been.
  • Be self-confident and respond in a powerfully positive manner if someone is hurtful to them.

Ensuring school staff and other adults who work with young people:

  • Have an accurate understanding of the dynamics of hurtful behavior.
  • Use effective strategies to intervene in hurtful incidents and assist young people in resolving hurtful situations.

 

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Be a Leader! Embrace Civility

Be a Leader! Embrace Civility is a FREE program for students in 4th through 12th grade that teaches values and skills in five key areas:

  • Reach Out. Be kind to those who are treated badly or left out and help resolve conflict.
  • Say “Stop.” Help those who are hurtful stop, accept personal responsibility, and remedy the harm.
  • Report Concerns. Report serious concerns to an adult who can help.
  • Stop, Own it, and Fix It. If you were hurtful, stop yourself and remedy the harm.
  • Be Positively Powerful. Respond effectively if someone is hurtful and become positively powerful.

Check it out!

Empower Students to Embrace Civility

Empower Students to Embrace Civility is a 6 Unit professional development Moodle course for educators offered through eThink, a Moodle Partner.

  • Gain insight into current challenges in bullying prevention research and expert recommendations for a more effective approach.
  • Learn how to better empower students who are targeted with self-confidence and resilience; help those who are hurtful to stop, own it, and fix it; and increase positive interventions by peers.
  • Learn how to more effectively respond to hurtful incidents.
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Additional Resources

About

Nancy Willard, M.S., J.D., is the Director of Embrace Civility in the Digital Age.

Nancy’s approach is grounded in youth empowerment and restorative practices.

Expert Services

Nancy Willard is available for workshops and webinars for professional development.

She is also available to assist in litigation or agency enforcement actions

Articles

Over the years, Nancy has written articles and appeared in webinars or interviews.

Documents

Over the years, Nancy has written numerous documents and reports.

Cyber Savvy

Nancy’s resources to address digital safety are available here.

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Articles

These are articles, webinars, or broadcasts that have been written by, feature, or quote Nancy Willard:

The School Administrator

A Positive Approach to Reduce Bullying and Harassment (12/2014)

Federal Courts: OK to Intervene Off-Campus (4/2012)

Identifying Effective Tactics for Cyberbullying Awareness (4/2012)

Cyberbullying and Sexting: Q&A with a Youth Risk Online Expert (8/2010)

Complying with Federal Law for Safe Internet Use (4/2002)

District Administration

Beyond Resolving Bullying Incidents (6/2013)

Engaging Students to Prevent Bullying (4/2013)

Protecting Children in the 21st Century (9/2012)

We Hate Ashley (9/2008)

Student Bashes Administrators, Gets Disciplined (9/2008)

Can You Override Your Internet Filter? (9/2003)

Keeping Safe, Keeping Smart (1/2003)

School Leadership Briefing

Developing Effective Internet Safety Education (12/2011)

Education Technology and Change

Cyberbullying: An Interview with Nancy Willard

Education Week

When Cyberbullying Spills into Schools (2/2012)

What Principals Can Do About Cyberbullying (6/2010)

Cyberbullying: What Educators need to Know to Stop Online Social Cruelty (4/2006)

Education World

http://www.education-world.com/a_tech/columnists/willard/willard.shtml

A Web 2.0 Approach to Internet Safety: Prevention and Intervention

Sex and the Internet: Malware and Porn Traps: What Schools Can Do:

What’s Not Working: Schools, the Internet, and Copyright Law:

Why Teens Make Unsafe Choices:

Youth Risk Online: Foundational Concerns:

Youth Risk Online: An Overview:

School Library Journal 

Flame Retardant Cyberbullies torment their victims 24/7. (4/1/2006)

Stranger Danger? Online Safety (3/1/2007)

Gale Schools The “MySpace Phenomenon” (3/2006)

Social Networking Technologies: Here to Stay and It’s Really Okay (10/2007)

EdtechLive

Audio interview with Nancy Willard

Documents

Over the last decade or more, I have been writing a variety of shorter or longer informational, which are available on this page.

Embrace Civility Student Survey

Results of a survey of U.S. secondary students reveals a high level of ineffectiveness of staff responses to hurtful situations (bullying), insight into significant causes of hurtful behavior, and evidence of positive values held by the majority of students.

Blog

Executive Summary

Full Report

State Statutes and District Policies Responding to Hurtful Off-Campus Online Student Speech

This document has been created to provide insight for state legislatures or school districts that are seeing to add a reference to “off-campus speech” to state bullying prevention statutes or district policies. The addition of this language is very important to provide clear notice to students.

Influencing Positive Peer Interventions: A Synthesis of the Research Insight (10/2012)

This document provides the synthesis of research on strategies to influence young people to positively intervene if they witness that a peer is being hurt or is otherwise at risk. This synthesis of the research provides the foundation for both Be a Friend ~ Lend a Hand and Cyber Savvy, Embrace Civility in the Digital Age’s two new programs.

Clearing Up the Confusion: School Response to Student Off-Campus Harmful Speech (4/2012)

There is a significant amount of confusion about the legal standards governing when school officials can respond to student off-campus, online harmful speech. This document will outline the current legal standards and provide recommendations, based on the case law, for how districts and principals can proceed.

Cyberbullying, Sexting, and Predators, Oh My! Addressing Youth Risk in the Digital Age in a Positive and Restorative Manner (10/2012)

This document provides comprehensive insight into these issues and sets forth recommendations for effective prevention and intervention ground in the promotion of positive social norms, enhancement of effective skills, encouragement of helpful allies, and the use of restorative interventions.

Educator’s Guide to Cyberbullying and Cyberthreats

This is an older document that was on a former site. This is also on other sites on the Internet. I was asked permission to quote from this in a new book. So am reposting it.

Protecting Children in the 21st Century

This Issue Brief provides an overview of the requirements under the Protecting Children in the 21st Century Act, addresses issues of effectiveness, and presents Embrace Civility in the Digital Age’s approach to providing instruction on these issues.

Educator’s Guide to Digital Risk

This Issue Brief outlines the key risks some young people face related to the use of digital technologies, outlines aspects of the digital environment that may impact these risks, describe key issues in effective prevention and intervention, and make recommendations for a comprehensive school approach.

Digital Risk ~ Investigation & Intervention

This Issue Brief outlines legal issues, policies and practices and recommendations for investigations and interventions.

Cyber Savvy

This Issue Brief outlines the approach to teaching digital safety and civility in Nancy Willard’s new book Cyber Savvy: Embracing Digital Safety and Civility.

Cyber Savvy Parents

This is an informational document that can be provided to parents on how to keep their children safe and encourage their teens to be savvy.

Cyber Savvy Libraries

This Issue Brief outlines strategies for how libraries can assist young people in becoming Cyber Savvy.

Cyberbullying Legislation and Policies

This is a 2007 document that addresses cyberbullying legislation in both Washington and Oregon. These states both ended up enacting legislation that placed clear boundaries that acted to restrict the ability of schools to respond to off-campus speech. The legal standards expressed in this document have been upheld and reinforced in subsequent cases. This is a vintage document – two documents in Issue Briefs section provide more recent guidance.

Multidisciplinary Targeted Youth Risk Online Prevention

This 2010 document outlines a multidisciplinary approach that states can take to address youth risk online.

Sexting & Youth: Achieving a Rational Approach

This 2010 extensuve report outlines the phenomenon of sexting – sending nude sexy images or text – providing a review of the research, discussion of legal issues, and recommendations for legislation and effective investigation and intervention. A protocol for investigation and intervention is also provided.

There is No Constitutional Right to be a Cyberbully

This 2009 document provides a legal assessment of a recent District Court cyberbullying case from California, JC v. Beverly Hills. The conclusions in this case have been misreported. In accord with every decision where this question has been raised, the Court ruled that schools do have the authority to respond to off-campus online student speech. Unfortunately, the Court erroneously applied the Tinker legal standard to the fact situation. Well-reasoned guidance from the Third Circuit, including a case written by now Supreme Court Justice Alito, provides superior standards to guide school decision-making.

Joint Statement on the Megan Meier’s Cyberbullying Prevention Act, HR 6123

Submitted to: The Subcommittee on Crime, Terrorism, and Homeland Security, Committee on The Judiciary, House of Representatives, September 30, 2009. Moral Development in the Information Age This is an article Nancy wrote in 1997. This provides the theoretical basis for much of her work.

Techno-Panic and 21st Century Education: Make Sure Internet Safety Messaging Does Not Undermine Education for the Future

This 2008 document outlines examples of fear-based disinformation related to online sexual predators, outlines the actual research findings, and makes recommendations to ensure that Internet safety education does not undermine the necessary shift to 21st century education.

Research that is “Outdated and Inadequate?”

An Analysis of the Pennsylvania Child Predator Unit Arrests in Response to Attorney General Criticism of the Berkman Task Force Report, 2009

Why Age and Identity Verification Will Not Work – And is a Really Bad Idea

This document is an analysis of an approach being pushed in 2009 to require all sites to digitally identify users.

I Can’t See You – You Can’t See Me:

How the Use of Information and Communication Technologies can Impact Responsible Behavior

Choosing Not to Go Down the Not-so-good Cyberstreets

This document presents Nancy’s 2000 testimony to the Children’s Online Protection Act Commission.

Filtering Software: The Religious Connection

When Congress enacted the Children’s Internet Protection Act that required schools use filtering software, Nancy noted a disturbing emergence of filtering software companies that had close connections with conservative religious organizations. The concerns identified in this report have largely dissipated.

Capturing the Eyeballs and E-Wallets of Captive Kids in Schools: Dot.com Invades Dot.ed

As the Internet started to come into schools, enterprising companies saw this as a way to advertise to captive kids in school. This report, along with a FCC complaint, was reportedly instrumental in shutting one of the companies down. The other company the report focused on changed its business practices entirely.

Technology Planning in Transition

In the late 90’s, Nancy helped many school districts in Oregon develop a technology plan. This is the document she wrote to support this.

Cyberbullying & Cyberthreats Materials

This page provides assess to appendices for Nancy’s 2007 book Cyberbullying & Cyberthreats.

Medical & Mental Health Professionals

Medical & Mental Health Professionals

All of this nation’s major medical and mental health professionals associations have adopted policy statements indicating the importance of their involvement in addressing bullying and youth violence. It is also my opinion that such involvement is essential. To more effectively facilitate such involvement, I have created several documents for the medical and mental health community.

These are older resources and are being updated.

Proactive Approach to Address Bullying: A Guide for the Medical and Mental Health Community – A 22-page document that outlines the current situation with recommendations for effective steps forward, with 3 supporting resource:

How Pediatricians Can Help Bullied Kids – A 1,800 word article that can be reproduced for news letters. Other clinicians can feel free to change the focus from pediatricians.

How Medical and Mental Health Professionals Can Help Bullied Kids – A 900 word article that can be reproduced for news letters.

Endorsement

This document is an accessible and authoritative “must read” for medical and mental health professionals who treat children and adolescents.   Nancy Willard’s approach to prevention and intervention is a refreshing and interdisciplinary critical analysis of the complex problem of bullying and includes an innovative call for student-centered solutions.  She suggests that medical and mental health professionals can be catalysts for change in the lives of their patients who have been bullied, engage in bullying, or those who occupy the highest risk group – those in both categories.   Included in this document are brief descriptions of the types of school-based prevention programs currently in place and realistic appraisals of their efficacy and impact in the lives on the psycho-social functioning of patients involved in bullying.  Her legal advocacy tips may be particularly helpful when clinicians advocate on behalf of children with extra legal protections, such as those with emotional or physical disabilities or those in racial or sexual minority groups.

Information in this document will help medical and health professionals to play an important role in reminding school administrators of children’s rights, in addition to providing background to supplement a thoughtful and evidenced-based clinical approach the assessment, diagnosis, treatment and skills training.  Willard sheds light on “hidden” bullying and definitional controversies that can help the clinician to better recognize bullying.  The screening provided, while not yet tested, can be a useful supplement to a clinical assessment, particularly if it is used as a springboard for discussion of incidents of bullying. If medical and mental health professionals read only one document on bullying this year – read this one!

Steven Barreto Ph.D.
, Clinical Asst. Professor, Department of Psychiatry and Human Behavior,  Warren Alpert Medical School of Brown University

Workshops & Webinars

Nancy is available for workshops and webinars for medical and mental health professionals.

Home

Embrace Civility

Make a Positive Difference in the Lives of Young People Today!

The mission of Embrace Civility (former name was Embrace Civility in the Digital Age) is to provide guidance to caring adults so they can better engage young people to embrace civility and foster positive relations.

Embracing civility supports the full engagement of students in maintaining an environment where hurtful behavior is incompatible with the accepted social norms and where everyone takes responsibility for the quality of the relationships.

My focus is on on research-based strategies to:

  • Engage all members of the school community in the effort to establish a positive school climate that embraces kindness, respect, and inclusion.
  • Increase the effectiveness of teachers in supporting positive relations and responding to minor hurtful incidents in a restorative manner that supports increased resilience of the involved students.
  • Increase the effectiveness of principals in investigating and intervening in the more serious or chronic hurtful situations in a manner that supports increased resilience of all involved students, holds hurtful students accountable, remedies the harm, corrects environmental concerns, and ensures ongoing monitoring until all involved students indicate that things have gotten better.
  • Empower students to embrace kindness, respect, and inclusion by engaging students as leaders in this effort, using a positive norms approach to encourage positive behavior, and increasing student resilience and skills as a witness to a hurtful situation, the one being hurtful, or the one treated badly.

Be Positively Powerful

I am migrating my current resources addressing bullying and harassment in schools over to my new website, Be Positively Powerful. This includes my new books, professional development resources, and a new version of my student leadership and empowerment program.

Bullying Resolution

Bullying Resolution provides insight for parents in Oregon on how to advocate for their child who is being bullied or harassed.

This also provides information on how parents can request Nancy Willard to conduct an Independent Educational Evaluation for their

Expert Witness and Consultancy Services

These services are offered for attorneys who are either representing students who have experienced discriminatory harassment, sex harassment, or bullying or attorneys who are representing school districts who are seeking a positive resolution in a harassment or bullying situation or are seeking to respond to concerns associated with issues of free speech, hate speech, or off-campus speech.

Resources

Articles

These are articles I have written, published elsewhere.

Documents

These are documents I have written.

CyberSavvy

This is a program I developed to address digital safety.

About

About

nwillardnewpixNancy Willard, M.S., J.D.

Nancy Willard, M.S., J.D., is the Director of Embrace Civility.

Embrace Civility LLC is a certified Public Benefit Corporation in Oregon.

My vision is that young people will provide leadership throughout the world to embrace civility and foster positive relations!

But to empower young people to accomplish this, I need to empower caring adults who work with kids and teens. That is what the resources on my site are all about.

I entered the field of “bullying prevention” by writing the first book ever published on cyberbullying. I approaches issues of youth risk based on a digital age perspective. Key insight related to this perspective is that the “authoritarian mindset,” which assumes that adults are in control, is not well founded.

My approach to youth risk prevention recognizes that in the digital age it is necessary for adults to empower young people with the values and skills to embrace civility. To help young people embrace civility requires a focus on the quality of the school or organization climate, empowering young people with the values and skills necessary to foster positive relationships, and ensuring that when adults intervene in hurtful situations this results in an effective resolution that fully supports all involved students.

I have degrees in special education and law, taught “at risk” children, practiced computer law, and was an educational technology and digital safety consultant. I also experienced intense bullying as a teen, being called “Weirdo Willard” throughout junior and high school.

I am author of: Cyberbullying and Cyberthreats: Responding to the Challenge of Online Social Cruelty, Threats, and Distress (2007, Research Press) and Cyber-Safe Kids, Cyber-Savvy Teens, Helping Young People Use the Internet Safety and Responsibly (2007, Jossey Bass). Cyber Savvy: Embracing Digital Safety and Civility (2011, Corwin Press).

Her newer books are:

Engage Students to Embrace Civility. A book for school leaders. (2018).

Be Positively Powerful: Resilient When Things Get Tough. A short book for elementary and middle school youth that outlines how their brain functions and sets forth seven strategies to achieve resilience and empowerment. (2020) Sea Positivamente Poderoso: Ser resiliente cuando las cosas se ponen difíciles. (2021) The Spanish version of this book.

Be Positively Powerful: A Guide for Teens on Achieving Resilience and Empowerment. Outlines teen brain development, seven strategies to achieve resilience and empowerment, and applies these strategies to enhance positive relationships. (2020)

The Way of the Donkey. A picture book for children that presents positive empowerment in the long ear way. (2019)

Deliberate Indifference

Harassed or Bullied Students

There is an increased need for attorneys to assist K-12 students who are being harassed and bullied in U.S. schools.

Despite over a decade of attention to this concern, efforts of schools to reduce bullying and harassment have had marginal to no positive impact.

Bullying and harassment of students is recognized as a public health concern due to the well-documented harms to students’ learning, as well as life-long emotional and physical well-being. 

Efforts of the federal government to protect the interests of students who are being bullied and harassed, especially the U.S. Department of Education’s Office for Civil Rights (OCR), are being substantially reduced. 

To prevail in these cases will require successfully combating the common defense of schools — that every time the student reported, the principal investigated and responded. The effectiveness of this defense was evident in two recent circuit court decisions in the 4th and 6th circuits.

Based on both research insight and agency guidance, this level of school response is entirely insufficient to adequately respond to the specific hurtful situation and to correct the hostile environment that is supporting the ongoing harm.

Resources

These are  resources Nancy has written related to legal issues and bullying, harassment, and cyberbullying:

Contact

Please contact Nancy via  email for more information.