Bullying & Cyberbullying
K Karen Haase H Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law
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.
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? 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
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.
So what’s what s the big deal?
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 home 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
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
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
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
Sexting? Sexting, v: (a combination of sex and texting) is the act of sending sexually ll explicit li it messages or photos electronically, p y p primarily y between cell phones.
Criminal Implications of Sexting  Law enforcement reports that Adults prosecuted for possession of child pornography, solicitation and child i abuse  Students Prosecuted as well
Serious Consequences: Jessica Logan
Florida v. Alpert Girlfriend sent pics He forwarded pic to all contacts Convicted of distribution of child pornography On O sex offender ff d registry until he’s 43
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
Some Questions to Ask Yourself About what You’re Posting
1. What is motivating me to behave this way? Bullies when caught were asked “why?” • 22% motivated by revenge
• • • • • • •
18.7% said the victim deserved it 10 6 % said 10.6 id th they did it for f ffun 3.9% hated the victim 3 5% pressured 3.5% db by peers 2.8% retaliated against a bully 2 5% venting 2.5% ti anger 5.7% other reasons
2. Am I showing respect for Others and Myself?  Long term studies of bullies show that they have greater long-term psychological damage than most victims  Bullies are five times more likely to end up with a serious criminal record by age 30
3. How would I feel if someone did this me or my best friend?
4. What Would Happen if Everyone Did this? National Crime Prevention Council, Council conducted study (Not survey) of why teens bullied/cyberbullied • They think it’s funny (81%) • They don’t think it’s a big deal • They don’t think about consequences • They are encouraged by friends • They think everybody bullies • They think they won’t get caught
5. Do I want to read this post out loud to a cop or lawyer ?
Bullying & Cyberbullying
K Karen Haase H Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law