Why We Can’t Just Criminalize Bullying and Think the Problem Is Solved: A Political Action Experience

By Kambria Rombough

Bullying is a widespread problem in our country. Recent studies determined that 20 percent to 35 percent of children and adolescents have been involved in bullying as either the perpetrator or victim (Levy, et al., 2012).

Unfortunately, researchers have also found a significant correlation between bullying victimization and increased risk of suicidal ideation (Bannink, et al., 2014). As of 2012, the Centers for Disease Control and Prevention found that approximately 16 percent of students throughout the nation admitted to seriously considering suicide, and 8 percent stated that they have attempted suicide at least once (“California adolescent mental health facts,” 2013).

The term “bullycides” has even been used to describe those who commit suicide as a direct result of being bullied (Tefertiller, 2011). With all the social media out there, bullying does not end when the school bell rings, but continues at home as well on Facebook and Twitter.

To answer this problem, the mayor of the city of Carson is currently working toward outlawing all forms of bullying. This vague policy, that has already made it through its first round of approvals, may simply create more problems by criminalizing children and adolescent bullies rather than addressing the mental health and supportive needs of the student. Instead of criminalizing juveniles, teachers and administrators should be enforcing policies and counseling that reflect the acceptance of all classmates.

When bullying occurs, interventions should be implemented with not only the person doing the bullying, but also the person being bullied. The ease of a suspension or expulsion fails to address the reason why the student is bullying in the first place, and involving a child in the criminal justice system should not be seen as the next reasonable step. Despite this, the potential new law attempts to charge any person found guilty of bullying with either an infraction or a misdemeanor (“Report to mayor and city council,” 2014). Even more, parents of these minors could also face fines or arrests on behalf of the child.

In the end, criminalizing students and their parents fails to provide the ultimate intervention to prevent bullying: proper counseling. Interventions must address the mental health and stressors in the lives of those involved and provide supportive services. The person bullying must understand why he or she feels the need to minimize a particular person or group of people, while also finding ways to build empathy toward others. Harsher punishments will not make bullies come to this realization, but school counselors and therapists can be of great assistance.

A first step toward preventing this law from overtaking the city and state is to advocate for the best interests of children and adolescents by promoting the mental health needs rather than promoting harsher punishments. In fact, the California Department of Education website (www.cde.ca.gov) has written out a sample policy for bullying prevention that all schools can begin implementing. The U.S. Department of Health & Human Services has even created a website (www.stopbullying.gov) to provide information to the public about what bullying looks like, who is at risk, how to prevent it, and how to respond to it. Finally, the website goes into detail about who people can get into contact with when a person witnesses bullying, and what we can do when a school fails to adequately address the bullying. This includes contacting the school superintendent, the State Department of Education, the U.S. Department of Education (Office for Civil Rights), and the U.S. Department of Justice (Civil Rights Division). Taking all of these steps will help educate the public and schools about how criminalization is not the answer.

Ultimately, prevention efforts should be enacted at all schools and parents should be encouraged to participate. Teachers should be educated on the protective and risk factors that surround bullying and assess their students so as to intervene before the bullying begins. Schools should be a safe environment for all students and if we neglect to inform our communities of the needs of our children, their overall well-being may suffer. As social workers, we can help advocate for these changes in our schools rather than allowing greater problems to develop with the over-criminalization of children and adolescents as a quick fix to bullying.

Kambria Rombough, MSW California State University, Long Beach can be reached at Kambria.Herring@student.csulb.edu.