Topics on this page

• What is bullying?
• Maryland’s Model Policy to Address Bullying, Harassment, or Intimidation 
• What to do if I am being bullied?
• How can I help another student who is being bullied? 
• Can I fight back if someone bullies me?
• Grace's Law

What is bullying?

Bullying is unwanted, demeaning behavior among students characterized by a real or perceived power imbalance. It is bullying if other student's words or actions prevents a student from 

• doing well in school, 
• enjoying after-school activities, or if 
• the conduct substantially interferes with physical or psychological well-being. 

Bullying can occur on school property, at a school activity or event, or on a school bus. Conduct that occurs in other places can also considered to be bullying if it disrupts the school environment.

For an act to be considered bullying, the behavior: 

• must be intentional, 
• must include an imbalance of power, and 
• must be repeated, or highly likely to be repeated

A student is bullied when they are exposed to intentional negative actions by one or more students. Behavior is bullying when repeated over time and there is an imbalance of power in the relationship. Those actions harm the student’s ability to engage with the school’s educational programs or activities. 

Students who bully often use their physical, emotional, social, or academic power to control, exclude, or harm others. The bullying student may harass or intimidate the other student. Harassment includes actual or perceived negative actions that offend, ridicule, or demean another student. Harassment can be based on a student’s:

• race, 
• ethnicity, 
• national origin, 
• immigration status, 
• family/parental or marital status, 
• sex, 
• sexual orientation, 
• gender identity, 
• gender expression, 
• religion, 
• ancestry, 
• physical attributes, 
• socioeconomic status,
• physical or mental ability, or disability. 

Intimidation is any communication or action directed against another student that threatens or induces a sense of fear and/or inferiority. Retaliation may be considered a form of intimidation. 

Cyberbullying is bullying that takes place over digital devices like cell phones, computers, and tablets. Cyberbullying can occur via various means, including texting, apps, and online platforms like social media, forums, or gaming communities. Cyberbullying includes sending, posting, or sharing negative, harmful, false, or hurtful content about another student. It can also include sharing personal or private information about someone else causing embarrassment or humiliation.
 

Read the law: Md. Code, Education §§ 7-424, 7-424.1, 7-424.3; Criminal Law §§ 3-607, 3-805

Read the regulation: Code of Md. Regulations 13A.01.04.03

Maryland’s Model Policy to Address Bullying, Harassment, or Intimidation

The Maryland State Department of Education developed and adopted a Model Policy to Address Bullying, Harassment, or Intimidation. The Policy outlines comprehensive guidelines for schools to prevent and address incidents of bullying, harassment, or intimidation. The policy emphasizes creating a safe and respectful school environment through awareness, prevention, reporting mechanisms, investigation procedures, and appropriate interventions. The model policy serves as a framework for local school districts to develop and implement their own policies tailored to their specific needs. 

Key components of the model policy include:

• Definitions and Scope: Clear definitions of bullying, harassment, and intimidation are provided, along with descriptions of prohibited behaviors.
• Prevention and Education: Emphasis on proactive measures such as education and training programs to promote awareness and prevent incidents.
• Reporting and Investigation: Procedures for reporting incidents, including anonymous reporting options, and guidelines for prompt and thorough investigations.
• Intervention and Response: Strategies for addressing incidents, including disciplinary actions and support services for victims and perpetrators.
• Collaboration and Communication: Encouragement of collaboration with families, community members, and law enforcement agencies to ensure a coordinated response.
• Policy Implementation and Monitoring: Recommendations for implementing and regularly reviewing the policy's effectiveness to address evolving issues.

Read the law: Md. Code, Education § 7-424.1
 

What to do if I am being bullied?

If you are being bullied, here are some steps you can take to address the situation effectively:

• Stay Calm and Safe: It's important to stay calm and prioritize your safety. If the bullying is happening in person, calmy tell the student to stop. Try not to show anger or fear. If you are feeling threatened, try to defuse the situation by calmly walking away or removing yourself from the situation.
• Talk to Someone You Trust: Tell an adult you trust about the bullying, such as a parent, teacher, school counselor, or coach. Find someone who can provide support and guidance on how to handle the situation.
• Keep Records: If you can, keep a record of the bullying incidents, including dates, times, locations, and details of what happened. This documentation can be useful if you decide to report the bullying to school authorities.
• Report the Bullying: Report the bullying to a teacher, school counselor, or school administrator. Schools have policies and procedures in place for handling bullying incidents. When reporting the bullying, be open and honest, providing as much detail as possible.
• Seek Support from Your Peers: Find friends, classmates, or other peers who can provide moral support and possibly act as witnesses if needed.

The key goal for managing a bullying situation is to prioritize self-care and your emotional well-being. Bullying can be emotionally taxing, so engaging in activities you enjoy and spending time with people who support you can help alleviate stress. If you reported the bullying, follow up with school authorities to ensure that appropriate actions are being taken to address the situation. It's important to advocate for yourself and ensure that the bullying is taken seriously.
 

How can I help another student who is being bullied?

If you feel safe, tell the bully to stop: If you witness someone being bullied and feel safe intervening, calmly but firmly tell the bully to stop their behavior. Use assertive language like, "That's not okay, please stop." However, it's important to prioritize your safety and not engage further if the situation escalates.

1. Don't encourage the bullying: Avoid laughing at or joining in with the bully. Sometimes bystanders unintentionally encourage bullying by reacting positively to the behavior. Instead, show disapproval through body language or by walking away.
2. Be a friend to the student being bullied: One of the most powerful ways to support someone who is being bullied is to be a friend. Spend time with them during breaks or at lunch, include them in activities, and show kindness and empathy. Building a supportive relationship can help alleviate the feelings of isolation and distress experienced by the victim.
3. Tell a parent, a teacher, a counselor, or someone who can help: Take action by reporting the bullying to a trusted adult. This could be a parent, teacher, school counselor, or another responsible person in authority. Provide them with specific details about what you witnessed, including when and where it occurred. Reporting the bullying is crucial for ensuring that appropriate steps are taken to address the situation.
4. Encourage the student being bullied to tell an adult: If the student being bullied is hesitant or afraid to speak up, encourage them to confide in a trusted adult. Assure them that they are not alone, and that seeking help is important for their well-being. Offer to accompany them to talk to a teacher or counselor if needed.
5. Offer ongoing support and reassurance: Bullying can have lasting emotional effects, so continue to offer support and reassurance to the student being bullied. Let them know that you're there for them and encourage them to seek help if they encounter further bullying or distress.
    

Can I fight back if someone bullies me?

While it can be tempting to fight back physically when being bullied, it's generally not a good idea. Responding with physical force can escalate the situation and lead to further conflict or retaliation. This can increase the risk of harm to both parties involved and potentially involve others who were not initially part of the conflict. Fighting back physically can result in disciplinary action from school authorities or legal consequences, depending on the severity of the altercation. If you hit back, you could be guilty of assaulting on the bully. It's essential to consider the potential consequences of your actions before responding aggressively. Try to walk away from people who want to hurt you.

Bottom line: if you're being bullied, tell your parents, school officials, or the police.

Grace's Law

Grace’s Law was enacted to address the ever-changing digital landscape, making the misuse of internet-based communications to intimidate or harass a minor a criminal offense. Grace's Law prohibits a person from maliciously engaging in conduct, using electronic communication, that alarms or seriously annoys another person:

• with the intent to harass, alarm, or annoy the other person;
• after receiving a reasonable warning or request to stop; AND
• without a legal purpose.

Communications

The law defines "electronic communication" broadly to encompass the transmission of information via computers or other electronic devices, including text messages, social media posts, emails, instant messages, or other Internet based communication tools. Under the law, a person cannot engage in conduct using electronic communication that intends to harass, alarm, or annoy a minor after receiving a reasonable warning to stop. 

A person may not maliciously send an electronic communication if:

• the electronic communication is part of a series of communications and has the effect of
  • (1) intimidating or harassing a minor and
  • (2) causing physical injury or serious emotional distress to a minor; AND
• the person engaging in the electronic communication intends to
  • (1) intimidate or harass the minor and
  • (2) cause physical injury or serious emotional distress to the minor.
• in the case of a single significant act, the communication:
  • is made after receiving a reasonable warning or request to stop;
  • is sent with a reasonable expectation that the recipient would share the communication with a third party; OR
  • shocks the conscience.

For example, under Grace’s Law, sending repeated threatening messages or posting humiliating or derogatory comments about a minor on social media platforms with the intent to cause fear or emotional distress would constitute cyberbullying and be illegal.

Conduct

“Electronic conduct” is defined as any action using computer systems or networks that can harm minors. This includes the use of a computer or a computer network to:

• build a fake social media profile;
• pose as another, including a fictitious person in an electronic communication;
• sharing, or encourage others to share, information concerning the sexual activity of a minor;
• sharing a real or doctored image of a minor;
• engage, or encourage others, to engage in the repeated, continuing, or sustained use of electronic communication to contact a minor;
• make a statement to provoke a third party to stalk or harass a minor; or
• subscribe a minor to a pornographic website.

A person may not maliciously engage in electronic conduct if:

• it has the effect of 
  • (1) intimidating or harassing a minor and
  • (2) causing physical injury or serious emotional distress to a minor; AND
• the person intends to
  • (1) intimidate or harass the minor and
  • (2) cause physical injury or serious emotional distress to the minor.

A person may not use an interactive computer service to maliciously engage in a course of conduct that inflicts serious emotional distress on a minor or places a minor in reasonable fear of death or serious bodily injury with the intent:

• to kill, injure, harass, or cause serious emotional distress to the minor; OR
• to place the minor in reasonable fear of death or serious bodily injury.

Suicide: A person may not violate Grace's law with the intent to induce a minor to commit suicide.

Exceptions: With the exception of engaging in a prohibited activity with the intent to induce a minor to commit suicide, there are exceptions for peaceable activity intended to express a political view or provide information to others or conducted for a lawful purpose.

Punishment: Violators of Grace's Law face misdemeanor charges, with potential imprisonment up to 3 years and/or fines up to $10,000. However, individuals found guilty of attempting to induce a minor to inflict serious injury to themselves resulting in their death through electronic means may face increased penalties, including imprisonment up to 10 years and and/or a fine up to $10,000.

Read the Law: Md. Code, Criminal Law § 3-805