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
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
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?