Consider this scenario at school: A child has been bullied for quite some time. So far, the bullying has taken the form of humiliation and verbal abuse, but today it gets physical, and his tormentors attack the child. He fights back to get away.
The teacher takes the students to the principal who suspends or expels them, including the victim.
Under a zero-tolerance policy, a school official has no flexibility to consider the circumstances because physical violence is unacceptable across the board.
The American Bar Association (ABA) describes, ‘“Zero tolerance’ is the phrase that describes America's response to student misbehavior. Zero tolerance means that a school will automatically and severely punish a student for a variety of infractions.” Common student infractions include carrying a weapon to school, engaging in threatening forms of physical or verbal behavior, and bullying other students.
Zero tolerance policies as applied in most schools today punish both kids for fighting, and oftentimes there are no inquiries into whether it was mutual combat or a primary aggressor situation. There is no tolerance for fighting, no matter the reason. A zero tolerance attitude among school administrators runs the risk of punishing the victim as well as the bully. It runs the risk of becoming blind to the evils of bullying.
Zero-tolerance policies were written into school handbooks in the 1990s, created originally to be a deterrent for bringing weapons into schools. With this theory in mind, school districts and states began cracking down on minor violations to prevent serious crimes from occurring in the future.
Now, students and their parents must deal with confusing rules that seem unfair. Too often, these innocent students become involved in circumstances that make them victims of others who use aggressive behaviors for evil intentions. No public school student should have to face this violence.
Yet, in 2019, the CDC’s nationwide Youth Risk Behavior Survey (YRBS) was administered to high school students across the United States. According to YRBS results from 13, 677 students: About 1 in 5 high school students reported being bullied on school property in the last year. And, 8% of high school students had been in a physical fight on school property one or more times during the 12 months before the survey.
Research
There is no credible evidence that zero tolerance reduces violence or drug abuse by students. Furthermore, school suspension and expulsion result in a number of negative outcomes for both schools and students. The American Bar Association finds that the evidence indicates that minority children are the most likely to suffer the negative consequences of zero tolerance policies.
(Russell J. Skiba. “Zero Tolerance, Zero Evidence: An Analysis of School Disciplinary Practice An Analysis of School Disciplinary Practice.” Policy Research Report #SRS2. The Indiana Education Policy Center. August, 2000.)
Research also finds that in general, rates of suspension and expulsion appear unrelated to overall school success for schools with similar characteristics, levels of funding, and student populations. No studies show that an increase in out-of-school suspension and expulsion reduces disruption in the classroom and some evidence suggests the opposite effect.
(Jacob Kang-Brown, Jennifer Trone, Jennifer Fratello, Tarika Daftary-Kapur. “A Generation Later: What We’ve Learned about Zero Tolerance in Schools. Issue Brief. Vera Institute of Justice. December 2013.)
Georgia Supreme Court Ruling
On August 28, 2017, the Georgia Supreme Court addressed the issue of “zero tolerance” for fighting in schools in the case Henry County Board of Education v. S.G., No. S16G1700. The issue is the justification of self-defense in a school disciplinary action.
In 2014, a young high school student, (S.G.), was expelled for fighting. Witnesses and a video of the incident indicated her actions were in self-defense. But the school, like so many schools, has a zero-tolerance policy when it comes to fighting.
The GA Supreme Court reasoned that “blind enforcement of zero tolerance fighting policies” are unlawful since they do not consider self-defense as a justification for the conduct. The Supreme Court noted that it is not illegal to fight under Georgia state law as long as it is done in self-defense. That same law applies even in schools, the Court stated.
Specifically, Georgia Code § 16-3-21 provides you are justified in using force against another person when you reasonably believe force is necessary to defend yourself against that person’s use of unlawful force against you.
The statute goes on to state that any rule or policy of any state or county agency (including school districts) that conflicts with the law is unenforceable and void. The decision of the Court put all Georgia schools on notice with regards to enforcement of their own zero-tolerance policies.
In this particular case, the Supreme Court ruled that school disciplinary matters are civil in nature and not criminal. Therefore, the burden falls upon the student to present evidence that their conduct was done in self-defense and school districts must now permit such a defense be asserted by the student.
(“Georgia Supreme Court Has Zero Tolerance For Schools’ Policies – Victory for Self-Defense.” U.S. Law Shield. August 31, 2017.)
What Should Schools Do About Fights?
First of all, fighting is unacceptable for any reason and should not be tolerated. A fight is defined as a physical altercation occurring between two or more students. The physical nature of a fight could include but is not limited to hitting, punching, slapping, poking, grabbing, pulling, tripping, kicking, and pinching.
According to the Youth Risk Behavior Surveillance System (YRBSS), in 2019, the percentage of students in grades 9–12 who reported having been in a physical fight anywhere during the previous 12 months was about 22 percent overall
Two legal principles are at play:
Schools have an obligation to provide a safe, nurturing environment for their students. If a child is injured as a result of their failure to do so, they may be liable for damages. Since fighting is dangerous in itself and inimical to their academic mission, it's understandable that schools would require students to report instances of physical aggression rather than counter it with violence of their own.
At the same time, parents have a constitutional right to raise their children as they see fit. This certainly includes educating them about when and how to defend themselves. While encouraging a child to start a fight would be irresponsible, instructing him to defend himself if attacked is entirely proper.
School administrators and teachers should be careful not to take for granted confessions that a fight was mutual. A victim of a fight might not even want to admit his or her innocence. And, witnesses to the altercation may also be in fear of reprisal. Consider that students in fear of further reprisal will not always admit an aggressor (a bully?) picked a fight and attacked first.
Also, think about the power of peer pressure and the disdain for “snitches” in public schools. A student who snitches on a fellow student, particularly one who is popular with others, may become a victim of gang violence. Others may step up aggression against this target on behalf of the bully who started a fight and was “told on.”
Recognizing this real-world dynamic, many bullied students opt to endure the suffering and humiliation rather than avail themselves of the cosmetic relief offered by school officials.
Or, the victim might have fought in defense to avoid the ridicule of his cruel teenage peers who would call him a coward for running away? In other words, the victim fought not only in self-defense but also to save face.
In addition, realize another problem with the zero-tolerance policy is rather obvious – it is not always possible to vacate the situation, especially when a person is being attacked, and if students do nothing, they risk serious injury … even death.
A victimized child may have been in a situation so precarious that he or she has no realistic alternative other than to fight back. Suppose, for instance, that the poor child is backed against a wall or pinned to the ground, all the while being pummeled by an out-of-control aggressor. Is that child really supposed to absorb blow after blow, potentially subjecting himself to serious injury, just to comply with the school's disciplinary code?
How about intervention by a teacher or another responsible party? The school’s policy of no self-defense-allowed is irresponsibly optimistic in assuming that there will be a swift intervention, which is not always the case. This can culminate in the injury of students who are forced to choose whether to be beaten up or to have a suspension on their record. Students should never be forced to make this choice.
Self-defense, or "justification" as it is generally referred to in law, permits a person to take reasonable action to defend himself against an aggressor. School regulations that punish a child for doing so take away a right specifically given to him under law.
Zero tolerance can be a convenient and expeditious solution for an administrator trying to flesh out the truth of the violence – issues like who made what threats to whom, who threw the first punch, and what prior incidents influenced the fight. Principals and superintendents are not above taking an easy way out of a situation, especially a prickly one involving the guilt of popular students and children of well-established parents.
Ohio Revised Code
We must know the law. It is up to the school to adopt an appropriate policy to deal with violent behavior. Here is the Ohio Revised Code, Chapter 3313 Boards of Education, effective November 02, 2018, House Bill 318:
Section 3313.534 | Policy of zero tolerance for violent, disruptive, or inappropriate behavior.
(A) The board of education of each city, exempted village, and local school district shall adopt a policy of zero tolerance for violent, disruptive, or inappropriate behavior and establish strategies to address such behavior that range from prevention to intervention. A policy adopted pursuant to this section shall comply with the requirements of sections 3313.668 and 3319.46 of the Revised Code.
(B) Each of the big eight school districts, as defined in section 3314.02 of the Revised Code, shall establish under section 3313.533 of the Revised Code at least one alternative school to meet the educational needs of students with severe discipline problems, including, but not limited to, excessive disruption in the classroom and multiple suspensions or expulsions. Any other school district that attains after that date a significantly substandard graduation rate, as defined by the department of education, shall also establish such an alternative school under that section.
In a Perfect World
To be fair, why wouldn't a school’s policy also consider conflict on a case by case basis? Security cameras are situated all over the school. A combination of watching footage of the event and interviewing witnesses for background information should help facilitate a fair judgment of fault, and then punishment can be dealt with accordingly. If this was the standard procedure then self-defense could be clearly identified and there would be no need to have such broad rules that aren’t appropriate for all situations.
Considering data and research about the ineffectiveness of zero tolerance, I believe a school’s policy should be changed from a completely zero-tolerance policy to a policy that would consider the necessity of self-defense and would be more focused on case-by-case situations. This is important to protect students and to provide fair punishment to all that attend public schools.
As an ex-teacher in the public school system, I am fully aware no policy can guarantee that bullying and aggressive actions by students will completely disappear. Fighting is an unfortunate reality in schools. School violence can be the result of a simple lack of respect for others, and we see this type of behavior all around us in 21st century society.
According to a recent Cato Institute study, many school fights are caused by the forced mixing of students who come from different backgrounds and who hold disparate core values. Of course, conflicting parental messages about fighting may also enhance the likelihood of fighting at school. There has been a push in recent years to integrate value based lessons into the school curriculum.
Whatever wise parents and students do, they must know their school's rules and regulations on fighting, bullying, and violence. Abiding by those principles, most students should be able to navigate the dangers presented in the classrooms and halls of public institutions with little difficulty … although no one should have to endure the rage of an angry, young, misguided individual.
Reality and Experience
In the meantime, zero tolerance may be addressed in the old-fashioned way – from the voice of experience. I don't advocate following any one person's advice; however here are two interesting online views from Quora for your consideration:
Zach Anderson
High School Teacher (2002-present)
Answered 3 years ago
(please read my *whole* answer.)
“If your school has a 'zero tolerance' policy regarding violence (most US schools do these days), you are both going to be suspended no matter who hits first or in fact if you only defend yourself. In which case, it might be smart (if you are an inexperienced fighter) to pick the moment yourself, get your licks in first, as it were. Especially if you are outmatched by someone who is bigger or stronger or more experienced - might be the only way you don’t end up looking weak to your fellow students is to punch first, make it count.
“I’m being blunt here, and I don’t advocate for violence if there is a way to avoid it, but I doubt you’d be asking here if you hadn’t already tried things like talking to the adults in the school (counselor, student mediator, school resource officer, principal, etc.). You tried all those people already, right? Cos most of us on Quora are decent folks, but at the same time, we are just random people on the internet, and can’t ACTUALLY help you when stuff goes down…
Suspensions do go on your record (transcript) as a student, and may eventually have an effect on things like college admissions. It’s pretty unlikely, but it is possible.”
Stephen Perkins
English/ESL Teacher/Tutor
Answered Apr 11, 2018
“Having been bullied when I was in both middle school and high school, I get how important this question can be to someone who is being affected. There are several different approaches that you can use. No single strategy is likely to work 100% of the time, however, if you use a combination of different approaches, you may very well discover that you are not quite so much an easy target for bullies.
“First, it generally is always better to avoid a confrontation, if it is at all possible, which, of course, many not always be the case. You can try walking away or avoiding times, people and places where these incidents are more likely to take place.
“If this is not possible, consider doing other things. Perhaps, you might need to talk with adults about what is going on. Don’t just talk to one person. Make sure you inform teachers, administrators, parents and even elected officials and/or the police if necessary. Of course, your willingness to do this depends on the extent to which you trust any of these parties. That can depend on several different factors. You will want to learn as much as possible about the background(s) of the people who are attacking you first. Do they come from families with money? If so they may have more power, control and influence over elected official and the police than you, your friends and family will. Also, do they have access to weapons and the desire/ability to use them? Obviously, you do not want to confront anyone who does.
“Your 3rd option is to make sure that you have some backup. Don’t spent a lot of time at school or in your community alone. Discover out how to connect with other people and build social networks. That will make it much harder for bullies to single you out.
“You can also study and learn a martial art so that you can defend yourself, even against people who are bigger and stronger than you and possibly even against multiple attackers. Sometimes giving your opponent a dose of their own medicine, whether that is physically or verbally, can be extremely effective
“From someone who has been there and done that, don’t try to handle this situation by yourself, and things may turn out better for you than they did for me then. Good luck! I know that you will figure out what is best for you.”
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