A Parents’ Guide to C b b ll i Cyberbullying
Karen Haase Harding H di & Shultz Sh lt (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase
This is not your y Grandma’s assemblyy
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" 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 Postingg damaging g g information on blogs or web sites. Making a targeted Facebook page 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 iin 1999/2000
Not Myy Kid! Told parents: 51% of preteens and 35% of teens Told T ld ffriend:44% i d 44% off preteens t and d 72% of teens who’d been cyberbullied y told a friend Told no one: 16% of preteens and teens
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
Kowalski v. Berkeley Co. Schs (4th Cir. Ci 2011) Student created MySpace group harassing another student Creator of the page received • 10 10-day day suspension from school • 90-day “social suspension” Ct speech Ct.: h caused d substantial b t ti l disruption, p , therefore discipline p appropriate
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
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
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.
How Common is Sexting? g Sexually suggestive photos sent: – 20% overall –22% girls –11% 11% young teen girls (ages 13 13-16) 16) –18 % boys
How Common is Sexting? g Sexually suggestive messages sent: –39% of all teens –37% girls –40% 40% boys 48% of teens say they have received sexting ti photos h t or messages.
Serious Consequences: Jessica Logan
Criminal Implications of Sexting  Law enforcement reports that Adults prosecuted for possession of child pornography, solicitation and child i abuse  Students Prosecuted as well
Criminal Implications Under 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 q sex offender registration g • Require
In re Katrina R. 15 year old texted nude pics to her BF Was adjudicated “a child who deports herself so as to injure j or endanger g seriously the morals or health of herself e se or o others” ot e s • Placed in legal custody of HHS • 6 months’’ probation i • Required counseling and community service.
1. Talk to your kids about this issue Make sure they understand that nothing in cyberspace is private Talk through possible consequences – both short and long term
2. Get Involved in your child’s on-line life Understand how a new technology works before letting your child use it. Monitor their postings Google your kids’ names Check up on them - some cell carriers allow web retrieval of all texts -My Mobile Watchdog/Mobile Spy -Cyber Bully Alert
3. Place limits on electronic communication Don’t let them charge the phone in their bedrooms Place computers in public parts of the house Limit texting during meals, homework time time, etc etc.
4. If your child is victimized Tell your kid to stop communicating with the cyberbully Do not erase the evidence If necessary necessary, block problem callers/texters Options • AT&T Parental Controls
• phone phone-specific specific Options • YouMail • Forward your child’s child s phone • Change your child’s number
4. If your child is victimized Contact, as appropriate: • the th other th ffamily/families il /f ili • you your Internet te et provider, p ov de , the t e social soc a networking site, or cell phone company and file a complaint • the school • local law enforcement
5. If your child is the cyberbully It happens – don’t automatically dismiss accusations Impose consequences and stick to them Warn of other consequences Discuss limits and reasons for them Ask your child why he/she thinks this behavior is acceptable p
Nothing is truly anonymous
A Parents’ Guide to C b b ll i Cyberbullying
Karen Haase Harding H di & Shultz Sh lt (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase