Cyberbullying

Bullying y g and Cyberbullying y y g Kelley Baker & Bobby Truhe Harding & Shultz (402) 434-3000 kbaker@hslegalfirm.com @ g btruhe@hslegalfirm.com

3 Things g You Can Do

1. Make Workable Policies  Make sure that yyour policies p are more than just lip service - If you follow your policies policies, will the school and its students be safe?

 C Create t an anti–bullying ti b ll i program that involves all kinds of people p p - Students, Classified/Certified Staff, Administrators, Parents

2. Make Your Education Count 

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The bullying prevention education you provide should be practical, not just scary Work with students to create and meet actual goals to reduce incidents of bullying y g Once students receive your bullying education they should know how to education, report bullying without fear

3. Don Don’tt Keep it a Secret 

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Work with your district’s district s legal counsel to ensure appropriate responses to all bullying reports Let students know that you foster an environment i off anti-bullying i b ll i with ih posters, announcements, etc.

Report bullying to social media sites like Facebook and Twitter

Cyberbullying

Cyberbullying?

Cyberbullying, v: the use of technology such as computers and cell phones by an individual or group to engage in repeated, and hostile behavior, that is i t d d tto h intended harm others. th “Cyberbullying" y y g is used when the victim or bullyy is a child or teen. “Cyber harassment� is used when the victim is an adult.

Common Cyberbullying Tactics  Stealing someone’s online name and using it to write nasty rumors, comment or spread gossip comment, gossip.  Altering someone’s message or doctoring photographs to say somethingg different or make fun of a person.

Common Cyberbullying Tactics Commenting on Facebook and having others “Like” it. P ti damaging Posting d i information i f ti on blogs g or web sites. Creating or taking part in Internet polling or list-making Making mock profiles and websites

Cyberbullying y y g Example of cyberbullying on iChat (Apple’s instant messaging)

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 ages of 11 and 19 have been the y y g victim of cyberbullying. ďƒ˜ About 65 percent of students know of someone who has been cyberbullied.

Not my Kids!

43% of teens are exposed to cyberbullying in one form or another yet only 1 in 10 kids told their parents, according to a 2008 report f from th the U U.S. S N National ti lC Crime i Prevention Council

So what’s what s the big deal?

Civil Consequences q  Student and parents can be sued • Homeowners insurance often pays  Suit S it can b be ffor: • Intentional infliction of emotional di t distress • Tortuous interference • Slander Sl d

D.C. v. R.S. (Cal. 2010) High school student posted on victim’ss website victim • I want to rip out your f-ing heart and f d iit to you. feed • I've wanted to kill you.

• If I ever see you I'm going to pound yyour head in with an ice pick. p

 Family sued; student it was a “joke”  Litigation Liti ti allowed ll d to t continue ti

School Consequences q  Neb. Rev. Stat. 79-2,137 ,  Definition: “an ongoing pattern of physical verbal or electronic abuse physical, abuse”  Consequences: ─ Loss of extracurricular e trac rric lar privileges pri ileges ─ Detentions ─ Short and Long Term Suspension ─ Expulsion ─ Alternative School Assignment

Examples  Seattle, WA: Facebook page bullied a girl (fat, (fat stupid, stupid ugly)  21 students “liked” the Facebook page p g  School suspended bully and all 21 who “liked” her page (punishment upheld)  Memphis p TN: Honors student commented on a friend’s status  Suspended for 180 days

Nebraska Student Discipline Act Misconduct must occur: –On school grounds –In In a school vehicle –At At a school activity

Constitutional Considerations < Constitutional Analysis y < Schoolâ&#x20AC;&#x2122;s Restrictions v. Studentâ&#x20AC;&#x2122;s Right to Free Expression

Constitutional Analysis  Tinker (1969) “the forbidden speech [must] materially and substantially interfered with the operation of the school . . . ”

 Fraser (1986) “The school’s interest in teaching students the boundaries of socially appropriate behavior gives the school the right to determine what manner of speech in the classroom or in a school assembly is inappropriate.”

 Hazelwood (1988) “A school does not have to tolerate speech that disrupts the school’s educational mission.”

Criminal Consequences  Neb. Rev. Stat. 28-311.01  Terroristic Threats: “threatens to commit anyy crime of violence …

• With the intent to terrorize another • In reckless disregard of the risk of causing such terror  Class Cl IV F Felony l punishable by: • Up to 5 years in prison and/or • $10,000 $10 000 fine fi

In re Minor Child (Alabama)  High school students arrested at school h l for f th threatening t i a classmate l t on MySpace, saying: • They would beat him up They’d d plant a bomb in his locker • They • He deserved to die  Charged bullies with making terroristic threats

Serious Consequences: Jessica Logan

What They y Are Saying y g  Office of Civil Rights g  Watch labeling and policies  Nebraska Dept. of Education  Comprehensive Comprehensi e prevention pre ention  ACLU  Guide for students and parents

Pre-discipline Analysis Location? ocat o ?  Created with school computers or on school property?  Contemplates C t l t actions ti taken t k att school or school activity?  Brought to or promoted at school or school activity?