Pass Bill 30-0136 to Ban Corporal Punishment in the USVI Public School System


Pass Bill 30-0136 to Ban Corporal Punishment in the USVI Public School System
The Issue
”Aside from the infliction of pain and the physical injuries which often result from the use physical punishments, these violent disciplinary methods impact students’ academic achievement and long-term well-being. In fact, one study found that in states where corporal punishment is frequently used, schools have performed worse academically than those in states that prohibit corporal punishment.
- An excerpt from testimony by Deborah Vagins of the ACLU
On October 8, 2013 Bill No 30-0136 To Remove Corporal Punishment from the VI Code was heard by the Committee on Education and Workforce. Testimony in favor of removing Corporal Punishment was heard by the Virgin Islands Board of Education, The Association of Virgin Islands Psychologists, Dr. Catherine Giroud, Ph.D and Deborah Vagins, Senior Legal Counsel for the American Civil Liberties Union (ACLU). Though experts were strongly in support of the proposed legislation, many of the Senators spoke of the cultural aspects of corporal punishment.
Though several Senators shared anecdotal stories of childhood punishments in favor of corporal punishment, Bill Co-Sponsor Senator Nellie Rivera-O’Reilly stated that it reminded her of how many argue that the reason blacks and latinos beat their children is a result of remnants of the culture of slavery. “I don’t believe that history has to frame our culture or our future… The law dates back to 1940. A lot has changed since then.” said the Senator.
In our community that has shown escalating levels of violence, these statistics cannot be ignored:
- 8 out of 10 states with the Highest Murder Rates allow corporal punishment
- 1 out of 10 states with the Lowest Murder Rates allow corporal punishment
- 9 out of 10 states with the Highest Rates of Incarceration allow corporal punishment
- 0 out of 10 states with the Lowest Rates of Incarceration allow corporal punishment
The Association of Virgin Islands Psychologists who work within our community with families and within the school system have voted to adopt resolutions regarding corporal punishment:
- Whereas it is evident that socially acceptable goals of education, training and socialization can be achieved without the use of physical violence against children, and that children so raised to grow to moral and competent adulthood;
- Whereas corporal punishment intended to influence “undesirable responses” may create in the child the impression that he or she is an “undesirable person”; and an impression that lowers self-esteem and may have chronic consequences;
- Whereas research has shown that to a considerable extent children learn by imitating the behavior of adults, especially those they are dependent upon; and the use of corporal punishment by adults having authority over children is likely to train children to use physical violence to control behavior rather than rational persuasion, education and intelligent forms of both positive and negative reinforcement;
- Read Dr. Dara Hamilton’s Testimony on behalf of the AVIP
During testimony, according to St Thomas Superintendent Jennette Smith-Berry, her experiences have emphatically not been good. She testified that the practice must be abandoned in our schools as she’s not seen it used in the manner originally intended, but instead has seen a clear abuse of power in the cases that have come before her. And despite a directive by both the St Thomas and St Croix superintendents to abandon the policy, it is still happening. STX Superintendent Malloy testified that last year a teacher was recommended for termination after it was reported and an investigation confirmed that the teacher had bitten a student.
Though the vote passed to hold the Bill in Committee for the addition of amendments, work continues to protect the children of the US Virgin Islands based on sound research by experts in their field, as well as our own Department of Education. The Bill with Amendments will be heard and voted on by the Committee on Education and Workforce Development on February 19, 2014 in St Thomas.

The Issue
”Aside from the infliction of pain and the physical injuries which often result from the use physical punishments, these violent disciplinary methods impact students’ academic achievement and long-term well-being. In fact, one study found that in states where corporal punishment is frequently used, schools have performed worse academically than those in states that prohibit corporal punishment.
- An excerpt from testimony by Deborah Vagins of the ACLU
On October 8, 2013 Bill No 30-0136 To Remove Corporal Punishment from the VI Code was heard by the Committee on Education and Workforce. Testimony in favor of removing Corporal Punishment was heard by the Virgin Islands Board of Education, The Association of Virgin Islands Psychologists, Dr. Catherine Giroud, Ph.D and Deborah Vagins, Senior Legal Counsel for the American Civil Liberties Union (ACLU). Though experts were strongly in support of the proposed legislation, many of the Senators spoke of the cultural aspects of corporal punishment.
Though several Senators shared anecdotal stories of childhood punishments in favor of corporal punishment, Bill Co-Sponsor Senator Nellie Rivera-O’Reilly stated that it reminded her of how many argue that the reason blacks and latinos beat their children is a result of remnants of the culture of slavery. “I don’t believe that history has to frame our culture or our future… The law dates back to 1940. A lot has changed since then.” said the Senator.
In our community that has shown escalating levels of violence, these statistics cannot be ignored:
- 8 out of 10 states with the Highest Murder Rates allow corporal punishment
- 1 out of 10 states with the Lowest Murder Rates allow corporal punishment
- 9 out of 10 states with the Highest Rates of Incarceration allow corporal punishment
- 0 out of 10 states with the Lowest Rates of Incarceration allow corporal punishment
The Association of Virgin Islands Psychologists who work within our community with families and within the school system have voted to adopt resolutions regarding corporal punishment:
- Whereas it is evident that socially acceptable goals of education, training and socialization can be achieved without the use of physical violence against children, and that children so raised to grow to moral and competent adulthood;
- Whereas corporal punishment intended to influence “undesirable responses” may create in the child the impression that he or she is an “undesirable person”; and an impression that lowers self-esteem and may have chronic consequences;
- Whereas research has shown that to a considerable extent children learn by imitating the behavior of adults, especially those they are dependent upon; and the use of corporal punishment by adults having authority over children is likely to train children to use physical violence to control behavior rather than rational persuasion, education and intelligent forms of both positive and negative reinforcement;
- Read Dr. Dara Hamilton’s Testimony on behalf of the AVIP
During testimony, according to St Thomas Superintendent Jennette Smith-Berry, her experiences have emphatically not been good. She testified that the practice must be abandoned in our schools as she’s not seen it used in the manner originally intended, but instead has seen a clear abuse of power in the cases that have come before her. And despite a directive by both the St Thomas and St Croix superintendents to abandon the policy, it is still happening. STX Superintendent Malloy testified that last year a teacher was recommended for termination after it was reported and an investigation confirmed that the teacher had bitten a student.
Though the vote passed to hold the Bill in Committee for the addition of amendments, work continues to protect the children of the US Virgin Islands based on sound research by experts in their field, as well as our own Department of Education. The Bill with Amendments will be heard and voted on by the Committee on Education and Workforce Development on February 19, 2014 in St Thomas.

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The Decision Makers
Petition created on February 4, 2014