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Please use the links to the right to check out firm news and more information relating to these specific areas of law. Happy reading and please contact us if you have any questions that we can help answer.
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Lisa Long Cotten
October is National Bullying Prevention Awareness Month, and on October 12, 2017, the Blythewood Middle School (BMS) Parent Teacher Organization kicked off a program called Rachel’s Challenge with a community event that included a silent auction, video game truck, food trucks and raffles. Rachel’s Challenge is based on the life and writings of Rachel Joy Scott, who was the first victim of the Columbine school shootings in 1999. The goal of Rachel’s Challengeis “to have all schools free from harassment, bullying and violence so teachers are free to teach and students are awakened to learn.” Rachel’s Challenge encourages individuals to replace acts of violence, bullying, and negativity with acts of respect, kindness, and compassion through presentations, training, community events and professional development. A component of the program at BMS is the formation of a new leadership in kindness club called Friends of Rachel. Friends of Rachel are ‘kindness ambassadors’ who participate in projects to support building a culture of kindness and empathy at the school. I was so inspired by the initiative that I began to explore other ways school districts are dealing with the issue of bullying.
Bullying is defined by Merriam-Webster’s dictionary as “abuse and mistreatment of someone vulnerable by someone stronger, more powerful, etc.” Bullying has likely existed in some form since the beginning of human civilization and continues to plague our schools, playgrounds, and workplaces (children who bully grow up to become adults who bully). The surge of cyberbullying, the electronic posting of mean-spirited messages about a person, has further complicated the problem as it is more difficult to identify perpetrators because such posts are often done anonymously. Bullying may escalate problems such as absenteeism, school violence, and disciplinary issues. Extreme cases of bullying have contributed to suicides and/or homicides. It is likely that such extreme outcomes are the result of underlying mental illness; however, it would be naïve to ignore the role of bullying in pushing one towards harming themselves or others.
The South Carolina Legislature has enacted the Safe School Climate Act. S.C. Code of Laws Ann. § 59-63-110, et. seq. The Act defines harassment, intimidation or bullying as “a gesture, an electronic communication, or a written, verbal, physical, or sexual act that is reasonably perceived to have the effect of: (a) harming a student physically or emotionally or damaging at student’s property, or placing a student in reasonable fear of personal harm or property damage or (b) insulting or demeaning a student or group of students causing substantial disruption in, or substantial interference with, the orderly operation of the school.” S.C. Code of Laws Ann. § 59-63-120 The Act also requires local school districts to adopt policies prohibiting harassment, intimidation and bullying under the guidance of the South Carolina Department of Education. S.C. Code of Laws § 59-63-140
The South Carolina Department of Education’s Model Policy Prohibiting Harassment, Intimidation or Bullying contains ten statutory requirements. The policy must include a statement prohibiting harassment, intimidation, or bullying of a student; a definition of harassment, intimidation, or bullying no less inclusive than the definition in § 59-63-120; a description of appropriate student behavior; consequences and appropriate remedial actions for persons committing acts of harassment, intimidation, or bullying and for persons engaging in reprisal or retaliation; a procedure for reporting acts of harassment, intimidation, or bullying to include a provision for reporting anonymously (however, formal disciplinary action must not be taken solely on the basis of an anonymous report. The procedures must identify the appropriate school personnel responsible for taking the report and investigating the complaint); a procedure for prompt investigation of reports of serious violation and complaints; a statement that prohibits reprisal or retaliation against a person who reports an act of harassment, intimidation, or bullying; consequences and appropriate remedial action for persons found to have falsely accused another; a process for discussing the district’s harassment, intimidation, or bully policy with students; and a statement of how the policy is to be publicized, including notice that the policy applies to participation in all school-sponsored functions.
1. If a child experiences bullying at school, he should report it immediately to a teacher, counselor, or school administrator. The child should also tell his parents about the incident.
2. If parents discover that their son or daughter is being bullied, the parents should contact the appropriate school officials (principal or assistant principal) and request an investigation.
3. If the parents are not satisfied with the principal’s course of action, they should submit a written complaint to the District Superintendent’s office for further review.
4. If the parents feel they are not getting a prompt response to their concerns from the District Superintendent’s office, the parents should then contact the Office of the Ombudsmen at the SCDE so that a course of action involving the parent and the district can be taken to hopefully resolve the parents’ concerns.
5. The SCDE’s ombudsman cannot take sides in the investigation. Instead, she will investigate the parents’ concerns, connect them with the appropriate local school district staff, and provide them with the local school district’s bullying and harassment policies should they wish to appeal their issues to the District Superintendent or local board.
https://ed.sc.gov/districts-schools/school-safety/bullying/
Richland School District Two’s website also provides essential information to parents who suspect their child is being bullied. Parents are encouraged to contact the student’s teacher or call (803) 736-8756, a 24 hours a day Safe School line, to report incidents. The site also provides the following helpful tips to identify if a child is being bullied or may be bullying others:
Being Bullied
Comes home with damaged or missing clothing or other belongings; reports losing items such as books, electronics, clothing or jewelry; has unexplained injuries; complains frequently of headaches, stomachaches or feeling sick; has trouble sleeping or has frequent bad dreams; has changes in eating habits; hurts themselves; are very hungry after school from not eating their lunch; runs away from home; loses interest in visiting or talking with friends; is afraid of going to school or other activities with peers; loses interest in school work or begins to do poorly in school; appears sad, moody, angry, anxious or depressed when they come home; talks about suicide; feels helpless; often feels like they are not good enough; blames themselves for their problems; suddenly has fewer friends; avoids certain places; or acts differently than usual
Bullying Others
Becomes violent with others; gets into physical or verbal fights with others; gets sent to the principal’s office or detention a lot; has extra money or new belongings that cannot be explained; is quick to blame others; will not accept responsibility for their actions; has friends who bully others; or needs to win or be best at everything
Cyberbullying
Sending threatening, taunting or teasing emails to someone; using a computer or any other technology to spread gossip or rumors or to make someone’s private information public; pretending to be another person online to post or e-mail things that will embarrass or get that person in trouble; being a “pretend friend” online with the intention of later hurting or humiliating someone; “ganging up” on someone in a chat room or on a message board; “griefing” someone in an online video game comments by constantly picking on a new or inexperienced player; texting hurtful or rude comments to someone’s phone; using chat, instant messaging or a blog to exclude people, pick on people or divide the “populars” from the “unpopulars”
Source: www.stopbullying.gov and PBS Kids.org
https://www.richland2.org/Departments/Operations/School-Safety-Information/Information-on-Bullying
As the parent of a middle schooler, I am comforted to know that the State of South Carolina is committed to combating bullying at school and on-line. I encourage all parents to take the time to examine your child’s district policy on bullying and become engaged in the process by talking with your student and his/her teachers and school administrators about bullying and ways to raise awareness and create a community centered on kindness and empathy.
Other Resources for Parents
http://www.rachelschallenge.org
http://www.stopbullying.gov/what-is-bullying/index.html
http://www.thebullyproject.com/parents
http://www.stopbullying.gov/prevention/talking-about-it/index.html
http://www.violencepreventionworks.org/public/bullying_tips_for_parents.page
http://www.apa.org/helpcenter/bullying.aspx
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Kayla Culver
Like anyone else, football season gives me a unique sense of excitement and hopefulness for what will become of my favorite college football team. Swarms of fans gather at tailgates, sports bars, or host parties to support their teams on game days, whether it be college football or NFL. But in doing so, many fans become so caught up in the football frenzy that they lose sight of what is going on around them. Although the main focus of the football season should be on having a good time, gathering with friends and family, and escaping the daily stresses of life, tailgaters need to remain mindful that laws are still enforced on game days in order to avoid a party foul with legal consequences. These laws are three-fold: state laws, local laws, and if you attend the game, stadium or university laws. Think of these laws as a pyramid that you carry with you on game day. For instance, when attending a University of South Carolina Gamecocks game at Williams-Brice Stadium, these are the laws that apply to you:
Starting from the bottom, state of South Carolina laws; then the middle, local Columbia ordinances; and if you’re attending the game at Williams-Brice Stadium, University of South Carolina rules at the top of the pyramid. These laws are important to be aware of when you are out-and-about tailgating and attending the football games.
A sample of state laws that may interfere with your enjoyment of the football games on Saturdays are public disorderly conduct and driving under the influence (DUI). According to South Carolina law, a person who is found to be extremely intoxicated in a public place, usually acting rowdy or unruly, can be charged with public disorderly conduct and could ultimately be fined up to $100 or receive up to 30 days of jail-time. Also, like other states, South Carolina prohibits a person from driving a vehicle while under the influence of alcohol or drugs. A first offense DUI comes with jail-time up to 30 days, a fine up to $1,000 depending on how intoxicated you are, and suspension of your driver’s license for 6 months. So, this may go without saying, but on game days, especially if you are entering the game, it is best to be aware of your conduct, your surroundings, and the amount you are drinking. The priority, alongside having a great time, should be your safety and the safety of others around you.
Moving up the pyramid to local laws, Columbia city ordinances prohibit walking around with alcoholic drinks on public property, and Columbia has its own laws that deal with disorderly conduct and public drunkenness. So, when you are enjoying that ice cold beer on game day, be sure that you are drinking where you are allowed to do so; otherwise you may end up with a buzzkill in the form of a $500 fine and/or 30 days of jail-time. Likewise, control your alcohol intake, as a charge of public drunkenness carries the same penalty.
Finally, if you are attending the game at Williams-Brice Stadium, the University has clear rules that prohibit things like alcoholic beverages, containers of any kind, inflatables (like beach balls), umbrellas, artificial noisemakers, concealed weapons, personal seatbacks with armrests, and bags larger than a clutch purse. The University is also a tobacco-free campus which includes a ban on electronic cigarettes. Football is about supporting your team; it is difficult to do that if you’re kicked out of the stadium for smuggling in contraband! But, while there are many things you cannot bring into the stadium, there are a few exceptions: you can bring 1 sealed water bottle per person and you can bring in a clear plastic bag or one-gallon Ziploc bag. So, take advantage and bring a water bottle to stay hydrated while jumping around to Sandstorm.
While some of these laws may seem like common-sense, having an awareness of the rules and regulations around you helps keep you and those you care about out of trouble, and it makes the city safer for everyone. There are laws similar to these in most states, localities, and universities or stadiums. While these laws are specifically about South Carolina, Columbia, and the University of South Carolina, it is important to be aware of the laws wherever you go.
Overall, the goals of football season are to have a great time, enjoy friends and family, and of course, to see your team succeed. So, take with you this knowledge of the law to have a great football season! And of course—GO GAMECOCKS!
For more information on South Carolina’s laws referenced above, please visit http://www.scstatehouse.gov/code/t16c017.php. For more information on the City of Columbia’s local laws, visit https://library.municode.com/sc/columbia/codes/code_of_ordinances. For more information on University of South Carolina rules on gamedays for all athletics, visit http://www.gamecocksonline.com/ot/game-day-information.html.
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Paul Swearingen
I grew up in a rural area in a time before cable television and satellite dishes were options for such areas. The three national networks were the only channels we had to choose from when watching television. On most days, when the weather was good, we had one more independent channel that would come in clearly enough to watch. This channel would show nothing but re-runs of old shows. This is where I was introduced to the “Perry Mason” show.
Perry Mason was a character created in books written by Earl Stanley Gardner in the 1930’s, brought to life on a television series that aired in the late 1950’s- early 1960’s. Perry was a criminal defense attorney, and every episode featured Perry representing a client that everyone believed was guilty of a crime, usually murder. Perry would fight for his client, investigate every angle, and by the end of the episode, uncover the truth and prove his client innocent. This show came on every weekday at lunch time. After a summer morning of playing ball outside with brothers and friends, I would take a break and watch Perry Mason win yet another case while eating my lunch.
I always loved a good mystery. I loved trying to solve the case along with Perry Mason, trying to figure out who really committed the crime before the big reveal at the end of the episode. Perry was brilliant in the courtroom, and after watching this show all summer and reading the novels, I was hooked on the idea of being a lawyer. I remember our English teacher the next school year asking us to write a paper on what we wanted to be when we finished school, and I wrote about being a lawyer. From that point on, law was the only profession I even considered.
As we often find out when growing from childhood to adulthood, reality does not always meet the expectations we set based on what we see on television. I must confess that during my first year of law school, the reality of the legal profession set in, and I began to question if I really wanted to be a lawyer. The more I studied, and the more I saw of the profession from working as a law clerk, the less it looked like the world of Perry Mason. Innocent criminal clients come along much less often than portrayed on television. The practice of law involves much more behind the scenes work and paperwork than it does courtroom drama. Despite popular belief, becoming a lawyer does not automatically come with a big paycheck. It is definitely not as glamourous as what you see on television.
Almost by accident, I ended up practicing real estate and probate law. I did not have those areas of practice in mind when I went to law school, or even when I graduated law school. An opportunity arose to practice law in those areas as I passed the bar exam, so I decided to give it a try. Almost 19 years later, I am still practicing the same types of law. I often hear about how in divorce cases, no client is entirely happy with the outcome. In criminal cases, unless you get a not guilty, the client is usually not entirely happy with the outcome. But I have found that in my practice, I am able to help people with their problems and, more often than not, I have a happy client leaving my office.
We often take for granted how much a kind word or a compliment can brighten someone’s day. I can’t tell you how much it means for a client to tell me how grateful that they are for my help, or how happy they are to have chosen me to be their attorney. We all want to feel like we are needed, like we are doing something meaningful in this world. An expression of sincere gratitude from a client is worth much more than any fee collected ever could be. I recently got the most thoughtful and sincere expression of thanks that I have ever received from a client, which I want to share here:
This letter from Diane made my day. This is why we practice law. This is why we endure the bad days, the bad lawyer jokes, the misperceptions, the days of wading through mountains of paperwork and the days where you feel like you’ve read so much that your eyesight has gone blurry. Being able to help clients like Diane and hear how we have made a difference in their lives is why we come to work every morning. It may not be the glamourous and adventurous life I envisioned while watching “Perry Mason” re-runs, but knowing that I make a positive impact on people’s lives makes it worth all the effort.