Digcit symp 2014

Be a Leader Worth Following!

Nebraska K-12 Digital Citizenship Symposium

Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase

Digital Citizenship

The Big Three!

• Cyberbullying • Sexting • Internet Safety

Cyberbullying?

Cyberbullying, v: the use of technology such as computers and cell phones to engage in repeated, and hostile behavior by an individual or group, that is intended to harm others.

Cyberbullying?

Cyberbullying, v: the use of technology such as computers and cell phones to engage in repeated, and hostile behavior by an individual or group, that is intended to harm others.

High School Survey 100 90 80 70 60 50 40 30 20 10 0 Victim

Cyberbully

Pile on

Join in

Witness

Why do lawyers care?

FaceTime

Sleepover Drama  4 11-year-old girls at slumber party  1 girl who was not invited  FaceTime conversation, text messages, social media use  Girl posted picture of a gun: “I’m going to kill the 4th slowly so she can watch the others die”

Mihnovich v. Williamson Co. Bd. Of Ed., (Tenn. 2013)

 Student adopted from Ethiopia • Received mean and racist texts • Facebook page: “Hate Black **** N.M.!

Who Else Does?”

• Received nude photograph of a female classmate

 Sued  School and 31 classmates  Seeking $1.1 million

Ask.fm

Kik Messenger

Polk County, Fla. case  Student bullied on ask.fm and Kik Messenger • “Why aren't you dead?”

• “You should die.”

• “Wait a minute, why are you still alive?”

• “Go kill yourself.”  “Yes ik I bullied REBECCA nd she killed her self but IDGAF”

Rumor/Confession Accounts

Rumor/Confession Accounts  Anonymous Twitter/Facebook pages  Allow others to submit private messages to the owner of the rumor account  Messages are posted “anonymously” for anyone to read  Some mention specific people, others are general

Off Campus Behavior

Chaney v. Fayette Cty. Sch.    

Community Awareness Seminar “Once It’s There—It’s There to Stay” Presenter used student’s FB pictures Picture showed Chelsea in bikini next to “Snoop Lion” (formerly “Snoop Dog”)  S filed suit, arguing right to privacy  Ct.: “no justifiable expectation of privacy” when posting on FB  Presenter and school won

Lowery v. Euverard (6th Cir. 2007)

 Football players circulated an on-line petition to get coach fired  School kicked them off the team  Students sued, claiming 1st Amend.  Court: School wins  "there is a difference between the way a school relates to the student body at large, and to students who voluntarily 'go out' for athletic teams."

Wynar v. Douglas County S.D. (9th Cir. 2012)

• HS student sent DMs to classmates – bragged about having a stockpile of weapons – threatened to “take out” particular students – Referred to Columbine and Va Tech

• School Expelled • Student sued claiming 1st Amendment • Court: interfered “with the rights of other students to be secure and to be let alone.”

Sexting Sexting, v: (a combination of sex and texting) is the act of sending sexually explicit messages or photos electronically, primarily between cell phones.

How Common is Sexting?

June 2014 survey by Drexel University 80 70 60 50 40 30 20 10 0

all teens 12-14 y/o

Sexting Fails

Snapchat

Snapchat

In re Juvenile John Does (Fairfax Co. Va 2013)

   

Girls Snapchatted video to boy He forwarded screenshots to friends Three boys arrested at school Each charged with 12 counts of distribution of child pornography  Found guilty  Appeals rejected

The Internet knows everything

Nebraska Law  Neb. Rev. Stat. 28-813 et. seq.  Makes sexting (images) a class IV felony for offenders under 19  Class IIIA felony for 19 and up  Both punishable by: • Up to 5 years in prison and/or • $10,000 fine • Require sex offender registration

Survey of County Attorneys 90 80 70 60 50 County Attys NE Co. Attys

40 30 20 10 0 Charged minor

Charged adult

Allowed diversion

Plea agreement

Internet Safety

State v. Gallegos • 16-year-old girl met 17-year-old guy on Kik • Talked, became friends • Asked her for pictures • She said OK • Then said he’s share those photos with her classmates unless he met him

So what to do?

• Students: Laura Stockman’s "TwentyFive Days to Make a Difference" (http://twentyfivedays.wordpress.com )

So what to do?

• Teachers: George Middle School, Portland, OR – Integrated social media into class day – 50% increase in grades – 20% of students did extra credit – 33% decrease in absenteeism – Read more: http://www.centerdigitaled.com/classtech/Portland-Project.html

So what to do? • Parents: Get online!

Questions?

(402) 499-0547 H & S School Law @KarenHaase KarenHaase karenahaase