Should Bullies Be Expelled?

Many schools have adopted a zero -tolerance policy on bullying: One strike and you’re out. But
is expulsio n fair? What if the bully needs help too? Two Choices Teen Advisers weigh in.

APRIL 20 19

Feeling safe at school is important, and bullying completely destroys that sense of safety. That’s why I
support automatic expulsion for bullies. It may seem harsh, but so a re the effects of bullying. Targets face a
huge amount of stress, which can lead to depression, and they can suffer academically too. In fact, some
might even avoid coming to school. It’s time to end their suffering by removing the problem: the student or
students who are not respecting the rules of the school community.

Why do I feel so strongly? I’ve seen expulsion work. At my high school, there is a strict policy on bullying
and violence. It’s simple: Anyone found guilty of bullying is expelled. But this policy comes with a twist.
Students who are expelled are sent to an alternative learning center called the Renaissance School, which
serves all students—not just bullies—who have acted out in some way.

At Renaissance, students attend regular academic clas ses, but they’re also taught social skills. They learn
about respect. They learn why certain behavior, like bullying, is destructive. And they learn how to have a
more positive impact in a learning environment. Then, once they finish their courses, they ca n return to
their old school. This gives bullies a second chance—while also making sure the person they were bullying
doesn’t have to deal with any stress or harassment in the meantime.

From what I’ve seen, kids return from Renaissance calmer and friendlie r than before they left. For example,
a girl I’ve known since middle

school was sent to Renaissance. When she returned to my high school, I saw how much she’d changed. She
was kinder, and she said that Renaissance helped her develop better skills for worki ng with classmates and
making friends.

Expulsion is definitely an eye-opener for bullies—and everyone else too. It sends a direct message that
bullying will not be tolerated, while protecting the person who is being bullied. But expulsion works only
when bullies are given a chance to refo rm. Through my school’s approach, bullies become better members
of the school community after getting special help to develop traits like civ ility and respect. Imagine a
world where every school had this program!

ALEX’S REBUTTAL:
What about school districts that can’t afford to run separate schools for the sole purpose of rehabilitating bullies?

I think that automatic expulsion is too harsh a punishment for bullying and that it also fails to deal with the
root of the problem. Bullying stems from students not understanding each other, not communicating
enough, not speaking up to protect others, and not va luing the school community. Expulsion doesn’t give
problem students a chance to learn how to get along with and respect their peers.

Think about it: Expulsion is just a short-term solution that is centered on scaring students into better
behavior. And how efficient is expulsion anyway? When you remove one bully, there’s no guarantee that
another won’t pop up. Plus, the bully expelled from one school just winds up at another school. Why make
that person someone else’s problem?

We should be educating students, not threatening or expelling them. To do that, prevention is key.
Unfortunately, many common approaches to bullying, like school assemblies, tend to miss the mark. Why?
Their messages are repetitive and often don’t reso natewith students. Case in point: The majority of my
classmates tune out every time the word bullying is used. When an eight -year-old video on the topic was
recently shown to my senior class, it didn’t grab our attention. I noticed people napping, laughi ng, and
generally ignoring it.

So what can we do instead? Maybe we can em bed lessons about bullying in regular classes like English or
social studies. Using anecdotes from history and stories that inspire students to think about kindness and
respect might make them think about bullying from a wider perspective .

But that’s not all. Schools should also invest some time and energy into learning why people turn to
bullying in the first place. That way, they could work on those root causes more, which might lead to less
bullying too.

Of course bullying will still happen from time to time. But instead of automatically expelling bullies, there
should be a series of punishments with increasing severity, starting with contacting the bully’s home. This
would allow a chance for the bully to self-reflect, learn what behavior is and isn’t acceptable, and make a
change.

JORDON’S REBUTTAL:
This is a nice long-term solution, but it doesn’t immediately protect the victims of bullying, which is important.
What IS Bullying, Anyway?
Recognizing the difference between true bullying and ev eryday drama —like fights between
friends or o ne -tim e teasing —is im po rtant. Why? I f every mean thing that happens gets labeled
with the b -wo rd, bullying lo ses its po wer. Here are tips to help you spot bullying, so you know
how to react.
IT'S DEFINITELY BULLYING IF:

☑ The person is using their power over s omeone else.

Physical strength, a leadership position, popularity, age—whatever power the bully has, they are using it to
push someone else around.

☑ The hurtful behavior is clearly intentional.

That could mean a social media account aimed at a specific person, a physical shove , or targeted threats.

☑ It’s not a one-time thing.

Saying “stop” hasn’t made it stop.

KNOW YOUR NEXT MOVE:

• If you’re being bullied or aren’t quite sure:

Tell an adult you trust, like a parent or coach. Say “Hey, can you help me figure out how to handle this?”

• If the bullying is happening online:

Don’t respond, but keep the evidence: screenshots, emails, and text messages.

• If you see bullying happen to someone else:

Feeling brave? Say “That’s not cool—stop.” Otherwise, just offer your support to the victim: “Hey, are you
OK? We should probably tell someone about this.”

POSITIVITY PROMISE
Schoo l is hard eno ugh witho ut negative dram a. Why not m ake a pledge to keep things po sitive?
We’v e go t o ne.
I promise to do my part to shape our school’s environment by treating everyone with common courtesy,
speaking up when I see or hear cruel behavior, and striving to contribute positivity every day —with a smile,
a kind word, standing up for someone, telling a gooafy joke, or welcoming a newcomer.
Suspensions

A suspension means a student is temporarily prohibited from going to regular classes and/or school. A student does not
have to be sent home to be considered "suspended" under Maine law.

In Maine, a student can be suspended for any of these activities at a school function or on school grounds:

 Being deliberately disobedient or disorderly,

 Being violent,
 Having a gun or dangerous weapon,
 Hurting or threatening to hurt someone with a dangerous weapon,
 Having drugs (possessing, selling, or giving them away), or
 Otherwise violating a school’s code of conduct rules.

Always review your school's student code of conduct and suspension policies.

Student Rights

Before a student is suspended, they have a right:

 to know what they are being accused of,

 to know what evidence the school has, and
 a right to be heard.

Suspension Process

If suspension is for 10 school days or less, there will generally not be a formal process. A suspension can happen
immediately and the school decides how long the suspension will be.

Example: The principal tells you that another student saw you with a beer. You deny that to the principal. The principal
believes the other student and suspends you for 3 days, starting that day.

Time Limits

In Maine, a school administrator can only suspend a student for a maximum of 10 school days before they are required
to have a more formal hearing.

 If you have been suspended for more than 10 school days in one school year - because of many shorter
suspensions, call KIDS LEGAL or another lawyer.

If a suspension is for longer than 10 school days, the student has a right to a formal hearing in front of the school board.
This hearing has to happen within the first 10 school days of the suspension. Only the school board can suspend a
student for more than 10 school days.
If a principal wants to suspend a student for more than 10 school days, the student can go back to school on the 11th
day, unless:

1. a school board hearing happens before the 11th school day, or

2. there is an agreement between the student, their parents, and the school administration that the student will stay out
of school until the school board hearing happens.

A student DOES NOT have to agree to stay out of school longer than the 10 school days of suspension.

What is a "risk assessment?"

Maine law does not talk about "risk assessments." Most schools say a "risk assessment" is an evaluation by a mental-
health professional to see if a student is a danger to themself or others. Parents should not have to pay for the "risk
assessment."

Sometimes a school will not let a suspended student return until a "risk assessment" happens. In that case, the "risk
assessment" must happen within the first 10 school days of the suspension. If it does not, the student can go back to
school on the 11th school day unless the school board has met and suspended them for more than 10 school days. If the
school won't let that happen, you should call KIDS LEGAL or another lawyer.

Expulsions

In Maine, an expulsion means that a school board has decided that a student cannot go to school, a school function, or
be on school property for more than 10 school days. If a student is expelled from one public school in Maine, they are
expelled from every public school in Maine.

Students can be expelled for the following reasons if it is necessary for the "peace and usefulness of the school":

 Being deliberately disobedient or disorderly,

 Being violent,
 Having a gun or dangerous weapon on school grounds,
 Hurting or threatening to hurt someone with a dangerous weapon,
 Having drugs (possessing, selling, or giving away), or
 Otherwise violating a school’s code of conduct rules.

These behaviors must have happened at school, on school grounds, or at a school event (like a sports game or dance).
Always review your school's student code of conduct and expulsion policies.

Student Rights

During an expulsion, a student does not have a right to any educational services from the school unless they are
receiving special education services. A school may decide to give educational services during an expulsion, but it is up to
the school board or administration.

Students are entitled to:

 to know what they are being accused of,

 to know what evidence the school has, and
 a right to be heard.

Time Limits

Expulsions can last:

 anywhere from 11 school days up to the number of school days in a school year, or
 for an indefinite period of time with a re-entry plan for the student to follow.

A student cannot be kept from school for more than 10 school days without a formal due process hearing before the
school board. If the school board is not scheduled to meet before the student has been out of school for 10 school days,
it must hold an emergency meeting for the expulsion hearing. If it does not, the student can legally go back to school on
the 11th school day.

Expulsion Process

If a student is expelled, they have a constitutional right to "due process." Generally, this means a right to be notified of
the recommendation to expel, given the reasons why, and given an opportunity to be heard by the people making the
decision on whether or not to expel.

Under Maine law, due process requires that:

 Both the student and parents get a written notice that has:
o the date, time, and place of the due process hearing,
o a description of the behavior,
o your right to review your school records before the hearing,
o a description of the hearing procedure, and
o an explanation of what an expulsion means.

The superintendent must also invite the students and parents to a meeting to talk about how the hearing will work. This
meeting is about the hearing and not about the behavior or the incident. This meeting is not required but it may be a
good way to know what to expect.

If the school board is not scheduled to meet before you have been out of school for 10 school days, it must hold an
emergency meeting for your expulsion hearing. If it does not, you can legally go back to school on the 11th school day.

If you lose an expulsion hearing, you can appeal to Superior Court. These cases are very difficult to win. You should talk
to a lawyer first. You have 30 days to appeal.