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Speak Out...Save Lives!
Bullies Who Kill: Brandon's Story
As told by his Mother Cathy Swartwood Mitchell
I have tried to write this message for three days and have not been able to complete it...maybe today. I have a lot to say and this is a very painful and emotional subject for me. While my heart goes out to the victim's of school shootings...my life has been devastated by a different type of crime that is happening in our schools. Although rarely labeled as such, "bullying" is a crime. This "other" crime, "bullying," injures, maims, destroys, and kills as effectively as a gun. Until a proactive approach is taken with the crime of "bullying," a reactive approach to the crime of school shooting is futile. "Bullying" is a crime in which the perpetrators are rarely punished and the victims rarely receive justice. This crime is usually repetitive; a victim is injured and traumatized over and over. Yet, "bullying" is not acknowledged as a crime. When "bullying" claims yet another victim, few notice and few care. Oftentimes, the victims themselves are blamed by being told they must be doing something to "deserve" it. These victims are isolated and usually suffer in silence. The media doesn't broadcast the injuries or deaths of these silenced victims. Our Great Nation doesn't share in their pain or extend sympathies to the survivors. Communities aren't outraged by these senseless, and equally devastating crimes being committed in our schools. The only outrage in our nation, in our communities, is when the psychiatric injuries caused by them are externalized, and we have another school shooting. In the adult world, we have laws against "bullying" crimes. We do not tolerate these crimes in "our" workplace. Yet, our children are told they must tolerate this in "their" workplace...our public schools. Society, in general, has the mind set that it is "all right" or "a rite of passage" for "bullies" to systematically destroy their victims...our children. Why, but why, would anyone ask our children to endure more than we as adults could? How could anyone expect our children to make it through humiliation, torment, isolation, assaults or a brutal beating unscathed? We shouldn't. And they don't. In the adult world these offenses and crimes have names. Society uses different terms for these offenses and crimes when our children are the victims. I must pose the question to law enforcement, to school administrators, and to our society...at what age does teasing become harassment, taunting become tormenting, following- stalking, punching-assaulting, or a fight become a battery or a beating? As long as this mindset prevails, our most vulnerable will continue to be our least protected. Oh, some kids will survive the "bullies" just like some adults survive being victimized. However, in instances, the injuries and the recovery depends largely on the number, frequency, severity and duration of the crime or crimes. Some children will leave school to escape the victimization. They might only be deprived of their education...a small price to pay to escape the torment and humiliation. Some children will leave their hometowns to get away from the harassment and torture. Some children will turn to substance abuse and self medicate in an attempt to escape their pain and suffering. Some will lose all self- confidence and always believe there must be something wrong with them...that they did deserve it like everyone said. If not, why would those in a position to help- to save them from a living hell- have condoned these crimes against them? Some children will leave this world to escape their living hell on this earth-, as their pain is with them wherever they go. Other children will learn to accept the physical and/or psychological injuries inflicted upon them... "just for fun." They will go to the doctor and take their medications and accept the fact that life isn't fair. They won't question "the system" or why they were not allowed to get a public education "just because" someone didn't like the way they dressed, or perhaps the way they looked or maybe it was the music they listened to, or the vehicle they drove. Could have been that they were really intelligent or perhaps that they really struggled to learn. Or maybe the "bullies" used even better excuses like they thought they were a Satanist, they thought they were gay or they thought they were straight, they thought they were rich or they thought they were poor, etc., etc., etc. At any rate, surely, we shouldn't think that these victims would have a problem with some "bullies" setting themselves up as judge, jury, and executioner...thus depriving their victims of their education, their health and their happiness. Surely, we should expect the victims to be okay...to come through this uninjured and unscathed? When we don't acknowledge, "bullying" as a "real" crime, we dismiss the very real injuries that are inflicted upon victims. Although the psychological injuries and the extent can be varied, they are real injuries. Sometimes, the symptoms are internalized and sometimes they are externalized...sometimes both. In either case "Bullying" Kills. In both cases children die. I speak from experience. My beloved son, Brandon, was a victim of "bullies." Brandon developed PTSD- post-traumatic stress disorder-and depression, after being harassed, tormented, isolated, assaulted and brutally beaten in our public school system. When we took out a protective order against one of the "bullies," he, the "bully," decided to send a friend into the principle's office to claim that developed PTSD- post-traumatic stress disorder-and depression, after being harassed, tormented, isolated, assaulted and brutally beaten in our public school system. When we took out a protective order against one of the "bullies," he, the "bully," decided to send a friend into the principle's office to claim that Brandon had made a bomb threat. It was absurd; along with the way the school handled the allegation. The damage done to Brandon over this incident alone was beyond measure...victimizing the victim. The assistant principal later told me that he was convinced that Brandon had not made the bomb threat. Unfortunately, the damage to Brandon could not be undone. Brandon had to live with the stigma of the would- be-bomber. This was just one of the incidents. There were many. On December 16th Brandon put a loaded gun to his head, pulled the trigger and ended his pain. Some of the "bullies" have said, through their crocodile tears, that they didn't realize that they were, "just having fun". Those years I watched my son die a slow painful death. Those years that I saw the sparkling light of joy, love, and hope in his big beautiful, brown eyes...slowly replaced with the darkness of pain, devastation, and hopelessness. The night that Brandon stood by me and told me that he felt "dead inside" ...then the morning, three weeks later, that I stood over his dead body, knowing, that despite all my efforts to save my beloved so, the "bullies" job had been too well done. Their mission had been accomplished. Suffice to say that through all this, Brandon and all of us who love him were not having fun. Where was any justice for put a loaded gun to his head, pulled the trigger and ended his pain. Some of the "bullies" have said, through their crocodile tears, that they didn't realize that they were, "just having fun". Those years I watched my son die a slow painful death. Those years that I saw the sparkling light of joy, love, and hope in his big beautiful, brown eyes...slowly replaced with the darkness of pain, devastation, and hopelessness. The night that Brandon stood by me and told me that he felt "dead inside" ...then the morning, three weeks later, that I stood over his dead body, knowing, that despite all my efforts to save my beloved so, the "bullies" job had been too well done. Their mission had been accomplished. Suffice to say that through all this, Brandon and all of us who love him were not having fun. Where was any justice for Brandon? Where is justice for us? Our light, our hope, our joy has been replaced with darkness, hopelessness, and an unrelenting sorrow. We feel "dead inside." As tragic as all of these deaths are, the greater tragedy is if society doesn't stop to look at the reasons, and pause for a moment to see "all the victims".
"Not all learning problems reside within the child" D.E
The attitudes, routines and behaviors of the school personnel, particularly those of the teachers, are decisive factors in preventing and controlling bullying activities, as well as in redirecting such behaviors into more socially acceptable channels.
(Dan Olweus; Author- Bullying At School)
Fourteen year old Dawn Marie Wesley hung herself in her bedroom with a dog
leash on November 10, 2000 after experiencing a cycle of psychological abuse and verbal threats from three of her closest aquaintances which she named in her suicide note. The incident led to precedent setting court cases in which three girls were made to stand trial for their actions. Now a film documentary "Rats & Bullies"
www.ratsandbullies.com
Roger and Ceil Woodruff's son Casey was physically and mentally tormented since the fifth grade. In a video surveillance tape from a camera on a school bus, he is seen being kicked and pummeled by other students. They say the school administration did not respond to any of their concerns. "We had filled out harassment forms...met with the principal, the assistant superintendent, the teacher, over and over again-called the police. Nothing meaningful ever was done." Ceil says they finally had to sue the school district to force policy change. Visit her chat room/forum website if you would like to communicate with other parents concerning this issue.
www.freewebs.com/parentsagainstbullies
Thanks to Ceil for the link to AGPCAB INC
Charles Andy Williams 15 years old
"A Young Mental Health Casualty Of The High School War Zone."
The case in question stems from the March 5, 2001 shooting at Santana high school in Santee California. Andy was a just -turned 15 year old freshman at Santana High School then. He is now serving a sentence of life with the possibility of parole in 50 years following a plea of guilty being entered on June 20, 2002.
We are happy to report that thanks to many of friends and supporters, an experienced San Diego, CA attorney has been reviewing the case since May 1, 2003. He is available right now and has offered to represent Andy pro bono in civil litigation now pending. There are other organizations and professionals that have been and continue to be available for Andy. They are all well-experienced and have our full faith in their abilities.
We believe the tragedy could and should have been prevented and that Andy is (as stated by Dr. James Garbarino, PhD) "a young mental health casualty of the high school war zone.
www.andyspeaks.com
UK Internet Resources
www.bullyonline.org
Thanks to Tim for the link to AGPCAB INC & for sending Judy Scruggs a copy of your book, Bullycide: Death at Playtime (see bottom of the page to purchase)
www.ravendays.org
Thanks to Meredith for the link to AGPCAB INC & the technical advice!
Names of children driven to bullycide.
The Tragic Consequences of Bullying...Remembering The Children We Love
2/8/2005-L.W. vs. Toms River Regional Schools Board of Education
Newark, NJ -- In a case that highlights the damaging effects of bullying on
school children, the American Civil Liberties Union of New Jersey and
several other child advocacy organizations filed an amici curiae
(friend-of-the-court) brief this week urging the Superior Court of New
Jersey Appellate Division to extend anti-discrimination protections to
school children subjected to bias-based bullying.
The brief calls to the Court's attention the negative impact that peer
harassment and bullying have on students and the school environment, and
urges for New Jersey's school children to be protected from discriminatory
peer harassment.
Decision- http://www.njcivilrights.com/downloads/orders/LW-v-Toms_River.pdf
Appeal-http://www.aclu-nj.org/downloads/LWAmicusBrief.pdf (The briefs in this matter have been imponded by the Appellate Divisionbecause L.W. is a minor)
This case is expected to go to the Supreme Court.
New Jersey Coalition for Bullying Awareness and Prevention
Thanks to Stuart for linking AGPCAB INC
Parents sue Anchorage Alaska school district and win $4.5 million
http://asdk12.org/PR/DistrictNews/article.asp?storyID=1080
ALASKA — A state court ruled June 25 that a federal student privacy law does not prohibit disclosure of lawsuit settlement terms reached by the Anchorage School District and that the school district could not enter into confidential settlements because it is a public body.
The court found that the district’s use of the Family Educational Rights and Privacy Act as a justification for not releasing the details of legal settlements was improper.
http://www.splc.org/newsflash_archives.asp?id=846&year=2004
http://www.splc.org/newsflash_archives.asp?id=846&year=2004
Jared High -Bullycide
www.jaredstory.com
http://www.jaredstory.com/the_lawsuit.html
Jared's Mom, Brenda, started www.BullyPolice.org
a site listing US anti-bullying laws
Thanks to Brenda for linking AGPCAB INC
Ryan Halligan- Bullycide
http://www.ryanpatrickhalligan.com
http://www.ryanpatrickhalligan.com/bullying_harassment_files/Bullying%20Forum%20Essex%20VT%20032404.pdf
Long Island Parents For Safe & Accountable Schools, Inc
Thanks to the parents of LIPSAS for linking AGPCAB INC
Connecticut
Ridgefield CT Teen To Be Tried For Alleged Bullying Of Retarded Boy
Stonington CT Boy Who Was Bullied & Urinated On Sues Board Of Education
Parents Sue Greenwich CT Board Of Education
Hamden CT Parents Sue Board Of Education
www.hamdenbullies.org
court documents posted
Thanks to Mr.&Mrs. Santoro for linking AGPCAB INC
Daniel Scruggs- Bullycide
Daniel's Mom, Judith Scruggs - sues Meriden Board of Education and four months later she is arrested and convicted of contributing to her son's suicide. She has filed an appeal.
The civil suit in Hartford, CT U.S. District Court seeks damages from school personnel who, the suit claims, violated Scruggs' sons civil rights by failing to protect him from bullies and for not providing for him the education he was entitled to by law. The suit names former school superintendent, Elizabeth M. Ruocco, The Meriden, CT Board of Education, Washington Middle School vice principal Mary Beth Iacobelli and guidance counselor Donna Mule.
"Some or all of the defendants had the power to prevent or aid in preventing the acts violating J.Daniel's civil rights, privileges and immunities, yet neglected to do so, resulting in physical and emotional injuries to the plaintiff's decedent," the suit states.
These failures, the suit states, caused Daniel severe psychological trauma, physical pain and suffering, fear for his life and well being, and a fear of bullying.
Federal Judge Peter C. Dorsey has been assigned to preside over the civil case.
For a copy of the 43 page "Investigation of the Death of J. Daniel Scrugggs" by the CT Office of the Child Advocate and Child Fatality Review Panel call 1-800-994-0939 or write 18-20 Trinity Street Hartford, CT 06106 (view it on-line) http://www.oca.state.ct.us/TheChildFac.htm
Scruggs Case Focus of Cornell Law Class
Cornell lecturer Andrea Mooney wants to teach her class how to write an appellate court appeal. Her students have the choice of writing an appeal for Scruggs or the prosecution on why an appellate court should not grant the appeal. Scruggs attorney, Norris argued in his request for an aquittal that Sruggs was convicted with insufficient evidence and the prosecution failed to provide necessary expert testimony to prove that a messy, cluttered and what police called "deplorable living conditions" has an impact on a child's emotional well-being. Mooney said many of her students presented similar arguments, most of which used insufficient evidenceand lack of expert testimony as an appeal argument. The best written arguments will be sent to each attorney by April.
Oprah Interviews Judith
Given the magnitude of Oprah's power and presence there is no doubt that the research and opinion put forth in her interview with Judith Scruggs was appallingly ignorant and socially irresponsible. It is no surprise that the message boards on Oprah's website did not welcome a discussion on the interview following the airing.
Montel Interviews Judith
Montel gets it.
Editorials
To J. Daniel
A very brave classmate of yours has recently come forth echoing your voice…your little desperate voice. She is a kind and compassionate human being and a responsible citzen who has chosen to speak up for the incredible injustices that have been and are being committed against you and your mother. She, like you, has scars that will never heal. The adult authorities of the Meriden school system heard you J. Daniel, but they chose negligence over their moral, ethical, professional, and legal obligation to you. They not only knowingly allowed you to be victimized over and over by your child peers, but they also victimized you over and over. They not only failed you beyond comprehension, but they failed all your classmates. The trusting helpless children who had to endure witnessing your tragic abuse. Yes, J. Daniel, I know you were dying a little every day. A subtle murder so conveniently disguised behind our most precious and vulnerable…the children. I want to meet this young lady and hug her for you…and I will. I am incredibly proud of her. I am so, so deeply sorry for you and I am so utterly ashamed to be part of a society that does not get outraged by these criminal acts that are allowed to perpetuate within our public school systems under the eyes of complacency and unaccountability. J. Daniel, you and all the voiceless children in our public schools who are not being protected from abuse or are witnessing abuse, will be heard. Justice must prevail. L.T.
This is the letter from your classmate:
INNOCENT PEOPLE Editor: I am really sorry but nobody can say that J. Daniel Scruggs was not verbally or physically picked on because he was, and I watched it numerous times! I was in his classes. In gym class he was knocked off the bleachers all of the time and when he tried to react everyone would laugh at him, and then the teachers would yell at him for screaming. I will not name the numerous people that picked on him unless I am asked personally. But people also say he smelled even when it wasn’t true. In cooking classes his partner would throw away his share of the food like it was diseased. People would put “kick me” signs on his back and also wipe stuff on his clothes. I remember in math he was late because he got in trouble for reacting to someone picking on him and when he came in someone had spit phlegm on his chair. Then in other classes he would go and sit down and everyone around him would move while making faces as if he gassed or stunk. Washington Middle School staff should be greatly ashamed because they are not telling it the way I saw it-perhaps to defend themselves and they make it sound like they are blameless when a child of the age of twelve hated his life enough to decide it wasn’t worth living! I think that this is very selfish. The two most important people here are innocent and that is J. Daniel Scruggs and his mother. They are who we should be concerning, defending, and discussing- not "Washington Middle School”. I wish I could write more than 300 words because I have so much more to say. MLS, 13, Meriden
(Meriden Record Journal Editorials)
Emails
Dear Lisa,
I'm glad to see the petition. Sent today to the Hartford Advocate:
The institutionalized abuse, calculated neglect, and endangerment
of vulnerable children in this country, as exemplified in Daniel's case,
marks the nadir of political, economic and social history in the United
States.
The case of the suicide of Daniel Scruggs is the rarely publicized, but
commonplace, example of a school district's use of specially designed
neglect to bring about bullying by proxy of disabled students to evade
the mandates of the Individuals With Disabilities Act. Typically, the
district will have a too-cozy relationship with other public agencies,
such as the police and juvenile courts, and child protective services,
enabling them to shift the responsibility for the psychological
destruction of a child from themselves, the chief perpetrators, onto
the parent, who has been beseiged for years by the
effects of the school district's violation of her child's education and
civil rights.
Daniel's story evidences school district in full knowledge violated
Section 504 of the Vocational Rehabilitation Act of 1973 and
implementing regs, in knowingly tolerating harassment and of a
handicapped child, forcing that child to undergo the trauma of chronic
failure socially and academically by intentionally withholding from that
child an educational program (which includes therapies) designed to
address his unique needs in violation of the Individuals With
Disabilities Act.
This pattern of guerilla warfare conducted by school districts
against disabled children is the logical outcome of the long-established
failure of the U.S. Dept. of Education to punish districts, states or
individuals, though having repeatedly found such states and districts to
be in violation IDEA.
Lastly, those who slander disabled children as innately a menace to
society should note thatDaniel turned the violence against himself,
instead of becoming a threat to others---This is the case with many
disabled children who do not have the ability to cope with persecution
by public authorities through their minions and ever-ready supply of
school bullies.
Our laws should not force children into the custody during the day
of public authorities who abuse disabled children through violating
their education rights. It is in the public interest to permanently ban
from public employment any person, from administration through all
ranks, who in any manner participate in the violation of the education
rights of children with disabilities.
As in the case of Ms. Scruggs, who very likely devoted more time to
her child and to meeting with scofflaw school personnel than she did in
cleaning out her refrigerator, many such parents are jailed for harm far
less grievous than that systematically perpetrated against their
children by school districts---
Sincerely,
S.G.
Former special ed advocate
Ventura, California
I AM SENDING YOU A COPY OF THIS LETTER BECAUSE YOUR ORGANIZATION WORKS SO DILIGENTLY IN TRYING TO GET EDUCATORS TO BE FORTHRIGHT. THERE IS A CODE OF SILENCE IN OUR SCHOOLS ON AN ISSUE THAT LEADS TO SUICIDE OR TARGETED SHOOTINGS OF OUR CHILDREN. THIS IS A GRAVE CONCERN. PLEASE USE THIS LETTER IN ANY WAY THAT IS HELPFUL FOR YOUR CAUSE.
Catherine A. Hogan
November 10, 2003
Catherine A. Hogan, MSW, LCSW
21 Avon Street
Milford, CT 06460
Honorable Judge Stephen Frazzini
Meriden Superior Court
54 West Main Street
Meriden, CT 06450
Dear Honorable Judge Frazzini:
I am writing on behalf of Judith Scruggs. I have worked as a school social worker until very recently, am a clinical instructor at the Yale Child Study Centerand a member of the Governor’s Task Force on Bullying. I am concerned about how the interplay between hygiene, living conditions, and bullying affects the judgment of culpability. By hygiene, I mean Daniel’s self-care and bowel problem.
Never in my history of work with DCF have any of its agency’s workers ever removed a child from the home because of living conditions or parenting decisions as long as the child was safe from harm. For example, one family of five (information has been changed to protect confidentiality), a mother and four children, owned seven large dogs. The dogs defecated and urinated on the floors of the apartment. There was no furniture except for two chairs and one bed in which family members took turns sleeping. They were a family in poverty, skills were limited, there was no aggression, and they all loved one another. The DCF worker explained, “We try our best to help, but we don’t separate the children unless there is risk of injury or harm.” While Judith permitting heaps of trash to create offensive odor may appall society, this decision does not lead to the conclusion that unclean or repugnant living conditions in the home cause suicide. I know no cause and effect relationship between the care of the home and suicide of children.
Educators and DCF workers are trained to work with the wide range of struggling parents who do not make decisions regarding childcare that we think best. Efforts by the school to encourage Judith to get counseling for the absences and hygiene concerns of her child are expected. It is not uncommon in our work, however, that cooperative efforts between parents and school are not achieved. Parents often feel that the school blames them and does not take responsibility for the school’s share of a problem; schools may feel this to be true of parents. This area of disagreement is especially true in situations involving bullying. Schools will shift the problem of bullying onto the victim. The Governor’s Task Force on Bullying recognizes this shift in responsibility as a serious problem that is not easily overcome. Trust in these situations inevitably breaks down. It is critical, therefore, to ask, “Did Daniel’s hygiene problems come before or after the onset of bullying?”
If Daniel did not have a history of hygiene problems since kindergarten, then it is reasonable to consider that his later hygiene symptoms were the result of the introduction of bullying and his inability to cope with the resulting feeling that he was scum and that his existence was a tragedy. This horrendous feeling of self-loathing becomes all the more unbearable when educators, who patiently watch the onslaught, confirm the truth of the bullies’ message in the child’s mind. Threats to a young child’s life, combined with the feeling of being a shameful burden to everyone, can lead to fears causing uncontrolled bodily functions and unusual methods of protection for sleep, the hour our fears become paramount. Some children avoid talking to their parents about these intolerable and painful feelings and make every effort to avoid school if possible. It is very probable that a parent stressed by care giving with limited resources would accept any measure for sleep that provided comfort to her child.
Unlike struggling parents, educators are fully cognizant of the fact that bullying can lead to suicide of children. When bullying is permitted by the silence of educators, it becomes a question of institutional abuse. Even if we feel that the bullied child is a “provocative target,” as identified in the Governor’s Task Force Report on Bullying, under no circumstances should we not intervene to stop the bullying, blaming the child’s hygiene, position of his ears, or lack of social skills for its justification. When educators allow physical and emotional abuse of a child to go unchecked despite their knowledge that such abuse may cause long term or permanent mental health damage, and even suicide, of children, and then, additionally, do not inform parents about what is happening to their child, we indeed have reason to pause.
Despite media coverage and a law on bullying, the code of silence still exists regarding the degree of bullying that goes on, the attitudes that permit it to go on, and the devastating effects it has on our students. This silence must not be protected by a community focus that is desperate to look away from its biases. Given the severity of bullying that occurs in schools and the reality that many educators watch it occur, it seems reasonable to question whether it was really the living conditions of the home and Judith’s resistance to the suggestions of educators that led to Daniel’s absences, hygiene problems, and death, or whether it was actually the bullying that led to this sensitive child’s absences, hygiene difficulties, and death, unrelated to the conditions of the home.
Judith is not a dangerous criminal and her incarceration would not deter other parents from their household choices. Given the limited educator testimony on Daniel’s bullying, I ask you to free Judith of all charges, to encourage her to seek counseling for her suffering, and if it is within your power, to rebuke and hold accountable the educators who failed toinform Judith of the reality of her son’s suffering at school, and who failed to take action to prevent it.
Sincerely yours,
Catherine A. Hogan, MSW, LCSW
CC: M. H. Reese Norris
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