Cyber-Bullying, Harassment & Sexting Liabilities and Strategies for 21 st Century Educators

Cyber-Bullying, Harassment & SextingCyber-Bullying, Harassment & Sexting

Liabilities and Strategies for 21Liabilities and Strategies for 21stst Century Educators Century Educators

Spring River Conference Spring River Conference

Dennis LewisDennis LewisNovember 2, 2009November 2, 2009

Understand how to prevent and appropriately Understand how to prevent and appropriately intervene when students demonstrate intervene when students demonstrate harassing, intimidating, or bullying behaviors – harassing, intimidating, or bullying behaviors – electronically or otherwiseelectronically or otherwise

Understand how to work with parents and Understand how to work with parents and students related to bullying, harassment or students related to bullying, harassment or intimidationintimidation

Understand an educator’s legal liability related Understand an educator’s legal liability related to this negative student behaviorto this negative student behavior

Instructional TargetsInstructional Targets

2009 EDU-SAFE L.L.C.

BullyingBullying

• Aggressive behavior or intentional Aggressive behavior or intentional “harm doing”“harm doing”

• Repeatedly carried out over timeRepeatedly carried out over time

• An interpersonal relationship An interpersonal relationship characterized by an imbalance of powercharacterized by an imbalance of power


Educator FrustrationsEducator Frustrations

Labor intensive and never endingLabor intensive and never ending

Little time for staff development and Little time for staff development and educating students and parentseducating students and parents

Some parents are quick to criticize about the Some parents are quick to criticize about the school’s response – or lack of responseschool’s response – or lack of response

The behavior is disruptive to educational The behavior is disruptive to educational process and school climateprocess and school climate



Bullying is seldom seen - only the results are Bullying is seldom seen - only the results are observed and many students will not report observed and many students will not report victimizationvictimization

Consistency of staff response is challengingConsistency of staff response is challenging

The plate is already full with other initiativesThe plate is already full with other initiatives



Legal parameters are evolving and Legal parameters are evolving and confusingconfusing

The issues are very complexThe issues are very complex

Cyber-bullying is a relatively new Cyber-bullying is a relatively new phenomenon with new ‘rules’, phenomenon with new ‘rules’, expectations, and ‘opportunities’expectations, and ‘opportunities’


Parental FrustrationsParental Frustrations

It’s no longer just ‘kicking sand in someone’s face’It’s no longer just ‘kicking sand in someone’s face’

It is difficult to find time to make an appointment and It is difficult to find time to make an appointment and have a conference with school personnelhave a conference with school personnel

School personnel say they are concerned about the School personnel say they are concerned about the problem, but sometimes there is little visible evidence problem, but sometimes there is little visible evidence of interventionof intervention

The situation is disruptive to your child’s education – The situation is disruptive to your child’s education – grades and attendance may dropgrades and attendance may drop


Parental FrustrationsParental Frustrations

Many children do not want to report Many children do not want to report victimization to parents or school personnelvictimization to parents or school personnel

It is difficult to not be highly emotional on It is difficult to not be highly emotional on this topicthis topic

Cyber-bullying is a relatively new Cyber-bullying is a relatively new phenomenon with new ‘opportunities’phenomenon with new ‘opportunities’


Legal VulnerabilityLegal Vulnerability

1.1. The school has knowledge of harassmentThe school has knowledge of harassment

2.2. The school is deliberately indifferent to the The school is deliberately indifferent to the harassmentharassment

3.3. The school exercises substantial control over The school exercises substantial control over both the harasser and the context in which the both the harasser and the context in which the known harassment occursknown harassment occurs

4.4. Harassment is so severe, pervasive, and Harassment is so severe, pervasive, and objectionably offensive that it deprives victims objectionably offensive that it deprives victims access to educational opportunities or benefits access to educational opportunities or benefits provided by the schoolprovided by the school


Bullying, Stalking & HarassmentBullying, Stalking & Harassment

Anti-bullying policies required (Sept. 1, 07)Anti-bullying policies required (Sept. 1, 07)

– Intimidation or harassmentIntimidation or harassment– Reasonable person fear of safety or propertyReasonable person fear of safety or property– Physical act or verbal statementPhysical act or verbal statement

Cyber-bullying (S.B. 818)Cyber-bullying (S.B. 818)

– Added to crimes of harassment and stalkingAdded to crimes of harassment and stalkingHarassmentHarassment– knowingly frighten, intimidate or cause emotion distress;knowingly frighten, intimidate or cause emotion distress;– Use course language and place in apprehension of harm;Use course language and place in apprehension of harm;– Knowingly communicate with person under 17 or thought to be under 17 and without Knowingly communicate with person under 17 or thought to be under 17 and without

good cause recklessly frighten, intimidate or cause emotional distress;good cause recklessly frighten, intimidate or cause emotional distress;– Knowingly make repeated unwanted communications; orKnowingly make repeated unwanted communications; or– Without good cause acts to frighten, intimidates or cause emotional distress and Without good cause acts to frighten, intimidates or cause emotional distress and

actually frightens, etc..actually frightens, etc..

Stalking – purposely through course of conduct (2 or more) harasses or Stalking – purposely through course of conduct (2 or more) harasses or follows with the intent to harass;follows with the intent to harass;– Varying degrees of stalking Varying degrees of stalking

Hazing Defined Hazing Defined RSMO §578.360RSMO §578.360

““A willful act, occurring on or off the campus of an A willful act, occurring on or off the campus of an educational institution,educational institution,

Directed against a student or prospective member Directed against a student or prospective member of an organization operating under the sanction of of an organization operating under the sanction of an educational institution,an educational institution,

That recklessly endangers the mental or physical That recklessly endangers the mental or physical health or safety of a student or prospective memberhealth or safety of a student or prospective member

For the purpose of initiation or admission into or For the purpose of initiation or admission into or continued membership in any such organizationcontinued membership in any such organization

To the extent that such person is knowingly placed To the extent that such person is knowingly placed at probable risk of the loss of life or probable bodily at probable risk of the loss of life or probable bodily or psychological harm.”or psychological harm.”

The BehaviorsThe Behaviors

• Physical BullyingPhysical Bullying - Harm to a - Harm to a person’s body by hitting, kicking, person’s body by hitting, kicking, pushing, choking, etcpushing, choking, etc..

• Emotional BullyingEmotional Bullying - verbal name - verbal name calling, threatening, taunting, calling, threatening, taunting, malicious teasing, spreading nasty malicious teasing, spreading nasty rumorsrumors


The BehaviorsThe Behaviors

• Sexual BullyingSexual Bullying – inappropriate – inappropriate touching, threatening, or teasing that touching, threatening, or teasing that is sexual in natureis sexual in nature

• Gay Bashing – Gay Bashing – harassment based harassment based upon sexual preference or orientationupon sexual preference or orientation


Anonymity & PseudonymityAnonymity & Pseudonymity

May be difficult to identify perpetratorMay be difficult to identify perpetrator

Takes less courage to say hurtful thingsTakes less courage to say hurtful things

Takes effort and perseverance to identify the Takes effort and perseverance to identify the perpetratorperpetrator

Cyber-bullying can provide ‘evidence’ of the Cyber-bullying can provide ‘evidence’ of the actact


DisinhibitionDisinhibition

Free from constraints and inhibitions – Free from constraints and inhibitions – much like attending a costume partymuch like attending a costume party

May make it more difficult to control May make it more difficult to control impulsive behaviorimpulsive behavior

Consequences are usually not Consequences are usually not immediate or clear to the perpetratorimmediate or clear to the perpetrator


‘‘Viral’ CommunicationViral’ Communication

Spreads like a virusSpreads like a virus

Information travels quickly and to many Information travels quickly and to many peoplepeople

Very difficult to control - There is no ‘cure’Very difficult to control - There is no ‘cure’

Bullying is no longer confined to the school Bullying is no longer confined to the school day – there is no escapeday – there is no escape


Unexpectedly stops using the computerUnexpectedly stops using the computer

Appears nervous or jumpy when an Appears nervous or jumpy when an instant message or email appearsinstant message or email appears

Avoids answering his or her cell phone in Avoids answering his or her cell phone in front of youfront of you

Appears uneasy about going to school or Appears uneasy about going to school or out in a public place in generalout in a public place in general


A Child May Be Victimized A Child May Be Victimized If…If…

A Child May Be Victimized If…A Child May Be Victimized If…

Appears to be angry, depressed, or Appears to be angry, depressed, or frustrated after using the computerfrustrated after using the computer

Avoids discussions about what he or she Avoids discussions about what he or she is doing on the computeris doing on the computer

Becomes abnormally withdrawn from Becomes abnormally withdrawn from usual friends and family membersusual friends and family members

Is bullied at schoolIs bullied at school 2009 EDU-SAFE L.L.C.

A Child May BeA Child May Be Cyber-bullying If……… Cyber-bullying If………

Quickly switches screens or closes Quickly switches screens or closes programs when you walk byprograms when you walk by

Uses the computer at all hours of the nightUses the computer at all hours of the night

Gets unusually upset if he or she cannot Gets unusually upset if he or she cannot use the computeruse the computer

Uses multiple online accounts or an Uses multiple online accounts or an account that is not his ownaccount that is not his own


A Child May BeA Child May Be Cyber-bullying If……… Cyber-bullying If………

Laughs excessively while using the Laughs excessively while using the computercomputer

Avoids discussions about what he or Avoids discussions about what he or she is doing on the computer or she is doing on the computer or becomes defensivebecomes defensive


Common Forms of Cyber-bullyingCommon Forms of Cyber-bullying

PhotoshoppingPhotoshopping

Rumor SpreadingRumor Spreading

Flaming – hostile messages meant to inflameFlaming – hostile messages meant to inflame

Trolling – attempting to incite others to bullyTrolling – attempting to incite others to bully

ImpersonationImpersonation

Physical Threats & Happy SlappingPhysical Threats & Happy Slapping

SextingSexting


Common Chat AcronymsCommon Chat Acronyms

AFAIK – As far as I knowAFAIK – As far as I know

AFK – Away from keyboardAFK – Away from keyboard

A/S/L? – Age, Sex, Location?A/S/L? – Age, Sex, Location?

BBIAB – Be Back in a BitBBIAB – Be Back in a Bit

BF – BoyfriendBF – Boyfriend

BRB – Be Right BackBRB – Be Right Back

BTW – By the WayBTW – By the Way



CU – See YouCU – See You

CYA – Cover Your A**CYA – Cover Your A**

DWB – Don’t Write BackDWB – Don’t Write Back

F2F – Face to FaceF2F – Face to Face

FWIW – For What It’s WorthFWIW – For What It’s Worth

GF – GirlfriendGF – Girlfriend

IMHO – In My Humble OpinionIMHO – In My Humble Opinion 2009 EDU-SAFE L.L.C.


JK – Just KiddingJK – Just Kidding

L8R – LaterL8R – Later

LMAO – Laughing My A** OffLMAO – Laughing My A** Off

LOL – Laughing Out LoudLOL – Laughing Out Loud

M/F – Male or FemaleM/F – Male or Female

NIFOC – Naked in Front of ComputerNIFOC – Naked in Front of Computer

NP – No ProblemNP – No Problem 2009 EDU-SAFE L.L.C.


OMG – Oh My GodOMG – Oh My God

PAW – Parents Are WatchingPAW – Parents Are Watching

PIR – Parents In RoomPIR – Parents In Room

POS – Parents Over Shoulder or Piece of S***POS – Parents Over Shoulder or Piece of S***

ROTFL – Rolling on the Floor LaughingROTFL – Rolling on the Floor Laughing

RTFM – Read the F*** ManualRTFM – Read the F*** Manual

SNAFU – Situation Normal, all F*** UpSNAFU – Situation Normal, all F*** Up

TAFN – That’s It For NowTAFN – That’s It For Now 2009 EDU-SAFE L.L.C.


TMI – Too Much InformationTMI – Too Much Information

TTYL – Talk to You LaterTTYL – Talk to You Later

WB – Welcome BackWB – Welcome Back

WTGP? – Want to Go Private?WTGP? – Want to Go Private?

WTF? – What the F***?WTF? – What the F***?

WUF? – Where Are You From?WUF? – Where Are You From?

YBS – You’ll Be SorryYBS – You’ll Be Sorry 2009 EDU-SAFE L.L.C.

In SchoolIn School

Can discipline for conduct that violates a Can discipline for conduct that violates a provision of the disciplinary code.provision of the disciplinary code.

Off CampusOff Campus

Need to establish a nexus/relationship to the Need to establish a nexus/relationship to the school.school.Show how the educational environment/ Show how the educational environment/ students/staff are (or are likely to be) students/staff are (or are likely to be) impacted.impacted.

Cyber-Bullying and ThreatsCyber-Bullying and ThreatsPreserve EvidencePreserve Evidence

1)1) Identify WriterIdentify Writera.a. Self IdentifyingSelf Identifyingb.b. ImpersonationImpersonationc.c. AnonymousAnonymous

2)2) Review Internet Use Records of Student if Parents Review Internet Use Records of Student if Parents Cooperate (may be up to law enforcement if using Cooperate (may be up to law enforcement if using personal computer outside of school)personal computer outside of school)

3)3) Look for Information in Other Locations Online – Look for Information in Other Locations Online – references to the student(s), school, teachers, etc.references to the student(s), school, teachers, etc.

Checklist – If Conduct Checklist – If Conduct Occurred on CampusOccurred on Campus

Did the conduct violate a school policy or Did the conduct violate a school policy or regulation?regulation?

Was the student provided notice of the policy Was the student provided notice of the policy (in student handbook or other reasonable (in student handbook or other reasonable notice provided to place a reasonable notice provided to place a reasonable student on notice)?student on notice)?

Did the conduct cause, or was it reasonably Did the conduct cause, or was it reasonably likely to cause, a disruption?likely to cause, a disruption?

Was the conduct prejudicial to good order Was the conduct prejudicial to good order and discipline in the school?and discipline in the school?

If Conduct Occurred Off CampusIf Conduct Occurred Off Campus

Discipline code prohibits the conductDiscipline code prohibits the conduct

Conduct involves student speechConduct involves student speech

Conduct Caused/Likely to Cause Disruption.Conduct Caused/Likely to Cause Disruption.

Determine the Relationship/Nexus to School.Determine the Relationship/Nexus to School.

Does the Speech Violate a School Policy?Does the Speech Violate a School Policy? Does the Speech Include a Threat of Vandalism/Harm to Does the Speech Include a Threat of Vandalism/Harm to

School Property?School Property? Does the Speech Suggest/Advocate Harm to Does the Speech Suggest/Advocate Harm to

Students/Staff?Students/Staff? Does the Speech Contain a True Threat?Does the Speech Contain a True Threat?

Does the Speech Contain a True Threat?Does the Speech Contain a True Threat?

– Reaction of Those Who Heard the Threat?Reaction of Those Who Heard the Threat?

– Was the Threat Conditional?Was the Threat Conditional?

– Was a Direct Threat Made to the Victim or a Third Was a Direct Threat Made to the Victim or a Third Party?Party?

– Does the Student Have a History of Making Threats?Does the Student Have a History of Making Threats?

– Does the Student Have a History of Violent Behavior?Does the Student Have a History of Violent Behavior?

– Would a Reasonable Person Hearing the Threat Would a Reasonable Person Hearing the Threat Believe the Student Posed a Threat of Current or Believe the Student Posed a Threat of Current or Future Harm?Future Harm?

Conduct Involves Student Behavior.Conduct Involves Student Behavior.

– Conduct Caused/Likely to Cause DisruptionConduct Caused/Likely to Cause Disruption

– Determine the Relationship/Nexus to SchoolDetermine the Relationship/Nexus to School

Where Did the Conduct Occur in Relation to the Location of Where Did the Conduct Occur in Relation to the Location of the School/School Function?the School/School Function?

When Did the Conduct Occur in Relation to the School Day?When Did the Conduct Occur in Relation to the School Day? Did any Contributing Acts Occur at School/a School Did any Contributing Acts Occur at School/a School

Function?Function? Were Other Students Involved?Were Other Students Involved? If Other Students Were Involved, in What Capacity?If Other Students Were Involved, in What Capacity? Is Action Needed to Protect Students/Staff?Is Action Needed to Protect Students/Staff? Did the Conduct Result in Injury to a Student/Staff Member or Did the Conduct Result in Injury to a Student/Staff Member or

the Property of a Student/Staff Member?the Property of a Student/Staff Member? Did the Conduct Result in or Recommend Damage to Did the Conduct Result in or Recommend Damage to

Students/Staff Members or the Property of Students/Staff Students/Staff Members or the Property of Students/Staff Members?Members?

Conduct is Not Covered by the Discipline CodeConduct is Not Covered by the Discipline Code

Does the Student Participate in Extracurricular Does the Student Participate in Extracurricular Activities?Activities?

Do the Extracurricular Activities Impose Additional Do the Extracurricular Activities Impose Additional Requirements/Conditions for Participation?Requirements/Conditions for Participation?

Does the Conduct/Speech Violate These Additional Does the Conduct/Speech Violate These Additional Requirements/Conditions?Requirements/Conditions?

If YES, Participation in Extracurricular Activities Can be If YES, Participation in Extracurricular Activities Can be Restricted in Accordance with the Written Restricted in Accordance with the Written Requirements/Conditions.Requirements/Conditions.

The Student is Provided an Opportunity to Respond to The Student is Provided an Opportunity to Respond to the Allegations Prior to Imposition of the Restrictions.the Allegations Prior to Imposition of the Restrictions.

Understand What Students Can Do Understand What Students Can Do

Remember the 6 P’s!Remember the 6 P’s!

PredatorsPredators

ProfessorsProfessors

Prospective EmployersProspective Employers

PolicePolice

ParentsParents

PreacherPreacher


A Reasonable ResponseA Reasonable Response

1)1) All should understand not all bullying behaviors can be All should understand not all bullying behaviors can be stopped or preventedstopped or prevented

2)2) Parents and students should be reassured school Parents and students should be reassured school personnel are concernedpersonnel are concerned

3)3) An investigation should begin promptlyAn investigation should begin promptly

4)4) Interventions should occur and a plan should be Interventions should occur and a plan should be developed – including what student, staff, and parents developed – including what student, staff, and parents will do to prevent and intervene appropriatelywill do to prevent and intervene appropriately

5)5) School personnel should communicate with parents in School personnel should communicate with parents in a timely manner related to initiatives, efforts, and a timely manner related to initiatives, efforts, and response to interventionsresponse to interventions


HOW TO CONTACT US

By Mail:By Mail: P.O. Box 1963 Springfield Mo. 65801-1963P.O. Box 1963 Springfield Mo. 65801-1963

By Phone:By Phone: 417-880-5895417-880-5895

By E-mail:By E-mail: [email protected]@edu-safe.org

By Website:By Website: www.edu-safe.orgwww.edu-safe.org 2008 EDU-SAFE L.L.C.

Documents

Cyber-Bullying, Harassment & Sexting Liabilities and Strategies for 21 st Century Educators