Cyberbullying: What Every Educator Needs to Know Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com
This is not your y Grandma’s assemblyy
Bullying? “any any ongoing pattern of physical, verbal, or electronic abuse on school grounds, in a vehicle hi l owned, d leased, l d or contracted t t db by a school beingg used for a school p purpose p by a school employee or his or her designee or at school-sponsored designee, activities or school-sponsored athletic events.�
Simply stated, bullying: • •
• •
Is intimidating or subjecting a person to hostility or ill treatment Involves actions which cause another person to feel afraid, humiliated embarrassed, humiliated, embarrassed threatened or shamed Occurs in a relationship where there is an imbalance of power Is repeated over time
Is it bullying? Normal Conflict
Bullying
• Equal power/friends • Happens episodically • Accidental • Equal emotional reaction • Remorse • Effort to solve problem
• Imbalance of power • Repeated pattern of behavior • Intentional • Unequal U l emotional ti l reaction • Blames Bl ttargett • No effort to solve • Seeking power
Cyberbullying? Cyberbullying, v: the use of technology such as computers and cell phones to engage in i repeated, t d and dh hostile til b behavior h i byy an individual or group, g p that is intended to harm others. The term "cyberbullying" cyberbullying is used when the victim or bully is a child or teen. The term cyber harassment is used when the victim is an adult.
Common Cyberbullying Tactics Stealing someone someone’ss online name and using it to write nasty rumors, comment, or spread gossip. i Alteringg someone’s message g or doctoring photographs to say something different or make fun of a person.
Common Cyberbullying Tactics ďƒ˜Secretly recording conversations using a cell phone, then playing the recording i back for f the person being i discussed. ďƒ˜Posting damaging information on blogs or web sites sites. ďƒ˜Creating or taking part in Internet polling or list-making
Cyberbullying y y g Example of cyberbullying b b ll i on iChat (Apple’s instant messaging) i )
Divagirl: Hey, loser, watch your back. t t323 What tmt323: Wh t r u talking about? Divagirl: Why don't you kill yourself while u r ahead? tmt323: Why can't you just leave me alone? Divagirl: Ugly girls like u need to be put in their place.
How Common is Cyberbullying? ďƒ˜ one in four students between the g of 11 and 19 have been the ages victim of cyberbullying. ďƒ˜ Approximately A i t l 65 percentt off kids kid know of someone who has been cyberbullied.
How Common is Cyberbullying? 18% of students in grades 6-8 said they had been cyberbullied at least once in the 2 months 6% said it happened 2 or more times 11% off students iin grades 6-8 6 8 said i y at least once in theyy had cyberbullied the last 2 months 2% said they had done it 2 or more times
How Common is Cyberbullying? ďƒ˜ Cyberbullying has increased dramatically in recent years. ďƒ˜ In nationally representative surveys of 10-17 year-olds, twice as many children and youth indicated they had been victims and perpetrators of online li harassment h t in i 2005 th than in1999/2000
Not Myy Students! Tell teacher: 27% of preteens and only 9% of teens Tell friend: 44% of preteens and 72% of teens Told no one: 16% of preteens and teens
So what’s what s the big deal?
Bullying y g Litigation g < < < < <
Duty to Protect/Practice or Policy Sex Harassment IDEA State tort claims Overbroad policy
Duty to Protect/ Practice or Policy < Stevenson v. Martin County Bd. of Ed (4th Cir Ed. Cir. 2001) < Yap v. Oceanside Union Free Sch. Dist., i (E.D. ( N.Y. 2004) < Anibal v. Greenwich Sch. Dist.,, (Conn. 2005) < Dorothy J. J v. v Little Rock Sch. Sch Dist., Dist (8th Cir. 1993)
J.C. v. Beverly Hills Unif. Sch. Dist. (Cal.) 8th grade girls talking smack about a peer; uploaded l d d tto Y YouTube T b Principal p suspended p student who uploaded Court: no disruption to school school, no nexus to education, no basis for punishment
School-Related Consequences Neb. Rev. Stat. 79-2,137 Definition: “ongoing ongoing pattern of physical, verbal or electronic abuse” Consequences: ─ Loss of extracurricular privileges ─ Detentions D t ti ─Short and Long Term Suspension ─Expulsion E li ─Alternative School Assignment
Examples p Seattle, WA.: Students who “liked” Facebook page bullying a classmate p all suspended Memphis TN: Honors student suspended for 180 days for commenting on a friend’s status
Civil Consequences Student and parents can be sued • Suing for money; no jail time • Homeowners insurance often pays • Judgments can result in hom e f foreclosure l and d other h h hardship d hi Suit can be for: • Intentional I i l infliction i fli i off emotional i l distress • Tortuous interference • Slander
Finkel v. Facebook (N.Y.) High school students created private Facebook page about classmate • Called her a “slut” slut • Said she had AIDs • Said S id she h used dd drugs
She sued Facebook and kids who created page Facebook F b k di dismissed i d ffrom llawsuit; it students initially left in the case
D.C. v. R.S. (Cal. 2010) High school student posted on victim’s website • • •
I want to rip out your f-ing f ing heart and feed it to you. I' wanted I've t d to t kill you. If I ever see yyou I'm ggoing g to pound p your head in with an ice pick.
Family sued; defendant said just a joke Litigation allowed to continue
Fulmer v. Swidler (Pa. 2003) Middle school student created Teacher Sux” website Sux • • •
Compared math teacher to Hitler Had picture of her decapitated Asked for contributions toward hit man
Teacher sued Jury awarded $500,000 Similar suit by principal settled
Criminal Consequences (State Law) Neb. Rev. Stat. 28-311.01 Terroristic Threats: “threatens to commit any crime of violence … • With the intent to terrorize another • In reckless disregard of the risk of causing such terror Class IV Felony punishable by: • Up to 5 years in prison and/or • $10,000 fine
In re Minor Child (Ala.) High school students arrested at school for threatening classmate on y p MySpace • Threatened to beat him up • Said they would plant a bomb in his locker • Said he deserved to die
Charged with making terroristic threats
State v. Murphy (NE) Girl’s family disliked defendant On O MySpace M S he h wrote: t • He was ggoingg to "beat the hell out of a lot of people" • He would be "killing killing a lot of people people.“ • Told girlfriend’s sister he didn’t “want to end d up killi killing her h or her h kid.” kid ”
Charged with making terroristic threats
Criminal Implications of Sexting ď&#x20AC;ż Law enforcement reports that Adults prosecuted for possession of child pornography, solicitation and child i abuse ď&#x20AC;ż Students Prosecuted as well
Criminal Consequences (Federal Law) Computer Fraud and Abuse Act (18 U.S.C. 1030) Originally passed to criminalize cyberterrorism Has been used to punish cyberbullies Punishable by: • Up to 20 years in prison and/or • $100,000 $100 000 fine
United States v. Drew Mom mad at daughter’s classmate • created t d ffake k M MySpace S profile fil ffor b boy • Friended victim, then dumped her • Girl hanged herself
Charged with violating Computer Fraud and Abuse Act • Based on violation of MySpace’s terms
Convicted; eventually overturned on jurisdictional and other grounds
What can staff do? Keep “Responding and Reporting” separate in your mind Focus on Small Stuff Talk to kids about tech Talk T lk tto kids kid about b t managing i anger Start with elementaryy kids Communicate to kids that you care about this issue Enlist kids
Helping Kids Deal; Tell them to: ►Stop.
Don’t respond to the bully.
►Block.
Block the cyberbully or limit all communications to those you can trust trust.
►Tell.
Tell a trusted adult.
If you discover cyberbullying Do not close your eyes Report R t tto administration d i i t ti asap Document ocu e t everything eve yt g
Does the Victim Need Interventions? Inerventions • Social S i skill i training i i • Hygiene yg training g with,, sped p teacher, counselor or other staff • Peer mentor Be ready for a 504 or SpEd request
Cyberbullying: What Every Educator Needs to Know Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com