Bullying & Cyberbullying: a Lawyer’s view Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase
Raise your hand if …
You have friends You have a cell phone You use text messaging You’ve taken photos with a cell phone camera You’ve ever forwarded a message You have a Facebook, Tumblr or Twitter account
What’s Wrong with Friends? Nothing! Friends can help you!
What’s Wrong with Cell Phones? Nothing! Cell phones are useful tools when used appropriately and with good judgment
What’s Wrong with Facebook? Again, nothing! Facebook is just like a cell phone – you have to use good judgment.
Bullying? “any ongoing pattern of physical, verbal, or electronic abuse . . . .�
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 emotional reaction • Blames target • No effort to solve • Seeking power
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.
How Common is Cyberbullying?  one in four students between the ages of 11 and 19 have been the victim of cyberbullying.  Approximately 65 percent of kids know of someone who has been cyberbullied.
So what’s the big deal?
School-Related Consequences Neb. Rev. Stat. 79-2,137 Definition: “ongoing pattern of physical, verbal or electronic abuse” Consequences: • Loss of extracurricular privileges • Detentions • Short and Long Term Suspension • Expulsion • Alternative School Assignment
Examples Seattle, WA.: Students who “liked” Facebook page bullying a classmate 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 foreclosure and other hardship Suit can be for: • Intentional infliction of emotional distress • Tortuous interference • Slander
Cutler v. Morales (Nev.) Middle School student bullied • Made mean comments in school • Called her "Oompa Loompa" and "Dora the Explorer“ on FB and Twitter • Vandalized her house
She sued five families $10,00 0 per incident
Boston v. Doe (Ga. 2012) “Fatbook” Profile
Boston v. Doe (Ga. 2012) “Fatbook” Profile • Languages • Hobbies • Fake stories • YouTube Videos School didn’t punish Sued creators
Criminal Consequences 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 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 MySpace he wrote: • He was going to "beat the hell out of a lot of people" • He would be "killing a lot of people.“ • Told girlfriend’s sister he didn’t “want to end up killing her or her kid.”
Charged with terroristic threats
What to do if you’re bullied
Joel Morales
Joel Morales
What You Should Do STOP • Tell the bully • Don’t respond • Don’t retaliate WALK • Leave situation • Help others to leave TALK
What SHOULD you do?
Just ask your Grandma
The Grandma Rule: If you wouldn’t’ show it to your Grandma, don’t photograph it! If you wouldn’t write it to your Grandma, don’t text it! If you wouldn’t tell you Grandma about it, don’t post it! If you wouldn’t say it to your Grandma, don’t say it during a cell phone call!
Questions?
Questions? (402) 499-0547 H & S School Law @KarenHaase
Bullying & Cyberbullying: a Lawyer’s view Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase