Keith Mack
Yes, Montana has anti-bullying laws in place. The Bully-Free Montana Act, which was signed by the governor in 2015, defines bullying as any harassment, intimidation, hazing, or threatening, insulting, or demeaning gesture or physical contact, including any intentional written, verbal, or electronic communication directed against a student. Montana's anti-bullying laws provide a framework for protecting students and holding schools accountable. The law also includes retaliation against a victim or witness who reports bullying and hazing associated with athletics or school-sponsored organizations. It places the responsibility on public K-12 schools to address and prohibit bullying, with local boards of trustees required to adopt policies to deter and address such behaviour.
| Characteristics | Values |
|---|---|
| Definition of bullying | Any harassment, intimidation, hazing, or threatening, insulting, or demeaning gesture or physical contact, including any intentional written, verbal, or electronic communication or threat directed against a student that is persistent, severe, or repeated |
| Scope | Applicable to students enrolled in public K-12 schools |
| Enforcement | School districts are required to investigate reports of bullying and adopt policies to deter and address bullying incidents; civil and criminal legal remedies are also available to victims |
| Self-defense | Students who are physically attacked are entitled to use reasonable and necessary physical force for self-protection |
| Bystander intervention | Students who witness a physical attack are entitled to use reasonable and necessary physical restraint to protect the victim |
| Retaliation | Retaliation against a victim or witness who reports bullying is prohibited |
| Athletics and extracurricular activities | Includes hazing associated with athletics or school-sponsored organizations or groups |
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What You'll Learn
Definition of bullying
The term "bullying" is often used as an umbrella term to describe all kinds of mean behaviour, from rude comments to physical altercations. However, bullying has specific characteristics that distinguish it from other types of harmful behaviour.
The Anti-Bullying Alliance and its members define bullying as "the repetitive, intentional hurting of one person or group by another person or group, where the relationship involves an imbalance of power." This definition is based on research from across the world over the last 30 years. Bullying can take many forms, including physical, verbal, psychological, sexual, and online/cyberbullying. It can involve actions such as pushing, kicking, hitting, name-calling, spreading rumours, excluding, manipulating, inappropriate touching, homophobic abuse, and sending nasty text messages.
Research by Christina Salmivalli in 1996 showed that the traditional view of bullying as a simple dynamic between a "victim" and a "bully" is often more complicated, with other factors and individuals influencing the outcome. For example, identity-based bullying, which targets an aspect of a person's identity such as race, religion, or disability, can impact not only the individual but also others who identify similarly and worry about becoming targets themselves.
To be defined as bullying, three key components must be present: repeated actions or threats, a power imbalance, and the intention to cause harm. Bullying involves repeated actions or threats directed toward a person or group by one or more individuals who are perceived to have more power or status, with the intention to cause fear, distress, or harm. This definition is reflected in Montana's anti-bullying laws, which include any "harassment, intimidation, hazing, or threatening, insulting, or demeaning gesture or physical contact" that is persistent, severe, or repeated and causes physical harm, fear of harm, or a hostile environment for the target.
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Civil lawsuits
Montana's anti-bullying laws provide a framework for protecting students and holding schools accountable. The "Bully-Free Montana Act" and related statutes (Montana Code Annotated 20-5-208 and 20-5-209) define bullying as any harassment, intimidation, hazing, or threatening, insulting, or demeaning gesture or physical contact, including any intentional written, verbal, or electronic communication directed against a student. The law also explicitly includes retaliation against a victim or witness who reports bullying and hazing associated with athletics or school groups.
Montana law places a significant responsibility on public K-12 schools to address bullying. Local boards of trustees are required to adopt policies designed to deter persistent threatening, insulting, or demeaning conduct against students. These policies must include procedures for reporting, investigating, and responding to bullying incidents. Schools are mandated to investigate reports of bullying and take appropriate action.
In cases where bullying causes significant physical or emotional harm, property damage, or interferes with a student’s right to education, victims and their families may have grounds for civil lawsuits. These lawsuits can seek compensation for medical expenses, therapy costs, replacement of damaged property, and other damages. For example, if a student is physically attacked and uses reasonable and necessary physical force for self-protection, the school district must investigate and cannot discipline the student if it is found that they were indeed protecting themselves.
Additionally, Montana school district policies must include procedures for appropriate intervention and remediation for victims and perpetrators, as well as measures to protect victims from further incidents. If a school district fails to uphold its obligations under Montana's anti-bullying laws, parents and victims can pursue legal action to compel compliance.
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Orders of protection
Montana law, specifically the "Bully-Free Montana Act", provides a clear definition of bullying. It includes any harassment, intimidation, hazing, or threatening, insulting, or demeaning gesture or physical contact, as well as intentional written, verbal, or electronic communication directed against a student that is persistent, severe, or repeated.
Montana law places a significant responsibility on public K-12 schools to address bullying. Local boards of trustees are required to adopt policies designed to deter persistent threatening, insulting, or demeaning conduct against students, and these policies must include procedures for reporting, investigating, and responding to bullying incidents.
Montana school district policies must include procedures for appropriate intervention and remediation for victims and perpetrators, as well as procedures to protect any alleged victim from further incidents of prohibited behaviour. This includes prompt notification of the alleged victim, the alleged perpetrator, or the parents and guardians of such students when the students are minors.
In addition to school-level prevention and intervention, there are potential legal avenues and consequences for bullying in Montana. For persistent and severe harassment or threats, a victim may seek a civil order of protection from the court, which can legally mandate the bully to cease their behaviour and maintain a distance. Orders of protection are a legal tool that can provide a sense of safety and security for victims of bullying by imposing restrictions on the bully's behaviour and proximity to the victim. These orders are typically granted when there is a demonstrated need for protection from further harm or harassment.
Montana also offers the "Safer Montana Tip Line", an anonymous resource for reporting school safety concerns, including bullying. If school efforts are insufficient, individuals can seek outside help from organizations like the Montana Legal Services Association (MLSA) or Disability Rights Montana for legal guidance and assistance.
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Criminal charges
In Montana, bullying is defined as any "harassment, intimidation, hazing, or threatening, insulting, or demeaning gesture or physical contact, including any intentional written, verbal, or electronic communication or threat directed against a student that is persistent, severe, or repeated". This definition is outlined in the "Bully-Free Montana Act" and related statutes (Montana Code Annotated 20-5-208 and 20-5-209). The law also explicitly includes retaliation against a victim or witness who reports bullying and hazing associated with athletics or school-sponsored organizations or groups.
Montana law places a significant responsibility on public K-12 schools to address bullying. Local boards of trustees are required to adopt policies designed to deter persistent threatening, insulting, or demeaning conduct against students. These policies must include procedures for reporting, investigating, and responding to bullying incidents. Schools are mandated to investigate reports of bullying and take appropriate action.
While Montana's anti-bullying laws provide a framework for addressing bullying in schools, they do not specifically outline criminal charges for bullying itself. However, if bullying behaviour escalates to criminal acts such as assault, battery, harassment, or threats, law enforcement may become involved, and the perpetrator could face criminal charges under Montana law.
Montana has criminal statutes that specifically prohibit harassment via electronic means, which can be applicable in cases of cyberbullying. These statutes provide additional legal recourse for victims of cyberbullying and help hold perpetrators accountable for their actions.
It is important to note that criminal charges may vary depending on the specific circumstances of each case, the severity of the behaviour, and the age of the perpetrator. In some instances, restorative justice approaches or diversion programs may be considered as an alternative to traditional criminal charges, especially for younger offenders.
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School accountability
Prohibition of Bullying
Montana law expressly prohibits bullying in schools. The "Bully-Free Montana Act" and related statutes clearly define bullying and outline the state's commitment to addressing this issue. The law states that bullying of a student enrolled in a public K-12 school by another student or an employee is strictly forbidden.
Policy Adoption
Local boards of trustees are mandated to adopt policies that actively deter persistent threatening, insulting, or demeaning conduct against students. These policies must include comprehensive procedures for reporting, investigating, and responding to bullying incidents. Schools are required to investigate reports of bullying and take appropriate action.
Intervention and Remediation
Montana's anti-bullying laws emphasise the importance of intervention and remediation for both victims and perpetrators. School district policies must include procedures to protect alleged victims from further incidents and provide support for their well-being. This includes offering appropriate intervention services and ensuring access to necessary resources for recovery and prevention.
Legal Action
In cases where school districts fail to uphold their obligations under Montana's anti-bullying laws, parents and victims have the right to pursue legal action. If a school neglects to address bullying effectively, legal steps can be taken to hold them accountable and seek justice. This may include civil lawsuits or seeking civil orders of protection from a court to mandate the cessation of bullying behaviour.
Federal Funding Requirements
Schools in Montana that receive federal funding are subject to federal law requirements. These schools must address discrimination based on certain personal characteristics. While Montana's laws do not mandate bullying prevention programs or staff training, federal funding conditions may indirectly contribute to school accountability by addressing related issues.
Montana's anti-bullying laws demonstrate a comprehensive approach to school accountability, empowering schools with the necessary tools to prevent and address bullying. By implementing policies, providing intervention, and holding schools responsible for their actions, the state strives to create a safer environment for students, ensuring their well-being and academic success.
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Frequently asked questions
Yes, Montana has anti-bullying laws in place.
The law is known as the "Bully-Free Montana Act".
The Act defines bullying and prohibits it in public K-12 schools. It also provides a clear definition of bullying, which includes harassment, intimidation, hazing, and threatening, insulting, or demeaning gestures or physical contact.
No, there are no specific groups listed. However, Montana schools that receive federal funding must address discrimination based on certain personal characteristics.
The law includes the prohibition of bullying, policy adoption by local boards of trustees, and investigation and intervention by schools. It also covers retaliation against those who report bullying and holds schools accountable for their obligations under the law.
