EDUCATION LEADERS’ FORUM 24 March 2009 Cybersurvivor

EDUCATION LEADERS’ FORUMEDUCATION LEADERS’ FORUM

24 March 200924 March 2009

CybersurvivorCybersurvivor

Introduction and OverviewIntroduction and Overview

WelcomeWelcome Seminar PurposeSeminar Purpose Program OverviewProgram Overview

EDUCATION LEADERS’ FORUM 24 March 2009EDUCATION LEADERS’ FORUM 24 March 2009

Program OverviewProgram Overview

Summary of Legal IssuesSummary of Legal Issues

Developmental Theory and Responsible Management of RiskDevelopmental Theory and Responsible Management of Risk

Managing the Use of Digital Technology by Young PeopleManaging the Use of Digital Technology by Young People

Afternoon TeaAfternoon Tea

Case Studies and DiscussionCase Studies and Discussion

Risk Management Advisory PanelRisk Management Advisory Panel


Forms of digital technology Forms of digital technology

Forms of violent conduct Forms of violent conduct

Our Experience:Our Experience:

Reactive service delivery on managing Reactive service delivery on managing inappropriate use of digital technologyinappropriate use of digital technology


Our Learnings:Our Learnings:

Children and young people in most parts of the western Children and young people in most parts of the western world are competent passionate and reliant users of world are competent passionate and reliant users of

digital technologydigital technology An exciting and engaging learning toolAn exciting and engaging learning tool Potential substitute for healthy social interactionPotential substitute for healthy social interaction



Predators target young people by using the internet and digital Predators target young people by using the internet and digital

technologytechnology The digital age is not going awayThe digital age is not going away

Rules and standards… in the home, in schools, in the workplaceRules and standards… in the home, in schools, in the workplace



Stakeholders need to assert their authority to lead our young peopleStakeholders need to assert their authority to lead our young people Teachers tend to be less enthusiastic about digital technology than Teachers tend to be less enthusiastic about digital technology than

their studentstheir students Parents may expect the school to take the lead on this issueParents may expect the school to take the lead on this issue


Recent Research:Recent Research:

Bullying using digital technology:Bullying using digital technology:

US survey in 2007US survey in 20071 in 3 teenagers using the internet say they have been the targets of potentially 1 in 3 teenagers using the internet say they have been the targets of potentially menacing online activitiesmenacing online activities receiving threatening messages receiving threatening messages having private emails forwarded without consenthaving private emails forwarded without consent having embarrassing photos posted without permissionhaving embarrassing photos posted without permission having rumours spread onlinehaving rumours spread online

(A Lenhart, (A Lenhart, Data Memo: Cyberbullyig and TeensData Memo: Cyberbullyig and Teens [2007]) [2007])



Bullying using digital technology:Bullying using digital technology:

In UK 54% of 18-24 yrs olds surveyed indicated that In UK 54% of 18-24 yrs olds surveyed indicated that others had posted information about them with or without others had posted information about them with or without their consenttheir consent

(YouGov 2007)(YouGov 2007)



Social Networking:Social Networking:MySpace had 3 million members in 2007MySpace had 3 million members in 2007

– – 50% are under the age of 25 years50% are under the age of 25 years

(SMH 29/5/07)(SMH 29/5/07)



Social Networking:Social Networking:

““Young people are generally well rehearsed on the stranger Young people are generally well rehearsed on the stranger danger elements of online activity in chat rooms, but …not all danger elements of online activity in chat rooms, but …not all young people have got the message that the world of social young people have got the message that the world of social networking is a public one, and holds safety traps and pitfalls” networking is a public one, and holds safety traps and pitfalls”

(ALRC Report 2008)(ALRC Report 2008)



Education: The Preferred AlternativeEducation: The Preferred Alternative

Digital literacy: where critical analysis and ethical decision-making are applied Digital literacy: where critical analysis and ethical decision-making are applied to the process of controlling the disclosure of personal information (Berson to the process of controlling the disclosure of personal information (Berson and Berson 2006)and Berson 2006)

Resolve problem that parents are less sophisticated usersResolve problem that parents are less sophisticated users

Resolve problem that most significant source of learning for young people on Resolve problem that most significant source of learning for young people on digital communication is their peersdigital communication is their peers

Digital etiquette in the school curriculumDigital etiquette in the school curriculum(ALRC 2008)(ALRC 2008)


Our Approach:Our Approach:

Proactive risk management service deliveryProactive risk management service delivery



Liability of schools Liability of schools

Duty of Care for students Duty of Care for students Onerous duty of care to students (cant delegate it)Onerous duty of care to students (cant delegate it)

Safe from risks that could cause them harm that is Safe from risks that could cause them harm that is not not insignificantinsignificant Fulfil primary purpose - education of students Fulfil primary purpose - education of students Health and overall well being of studentsHealth and overall well being of students



Liability of schools Liability of schools

Duty of Care for staff Duty of Care for staff Safe from risks that could cause them harm that is Safe from risks that could cause them harm that is not not insignificantinsignificant OHS and other responsibilities OHS and other responsibilities Duty of care can extend to others eg: volunteers student teachersDuty of care can extend to others eg: volunteers student teachers



Liability of schools - Liability of schools - Duty of care elementsDuty of care elements

Was a duty owed (relationship)?Was a duty owed (relationship)? Was the duty breached?Was the duty breached? Did the breach cause the harm? Did the breach cause the harm?



Liability of schools - Liability of schools - Duty of care elementsDuty of care elementsCourts will ask :Courts will ask :

Was the risk of harm reasonably foreseeable?Was the risk of harm reasonably foreseeable?What was the probability that the incident would occur?What was the probability that the incident would occur?How serious would the harm be if the incident occurred?How serious would the harm be if the incident occurred?What precautions did the school take to reduce the risks?What precautions did the school take to reduce the risks?



There are no precedents specifically in our topic of today There are no precedents specifically in our topic of today

We rely on application of principles applied in cases that do not We rely on application of principles applied in cases that do not

capture the shift in teaching methods and its expansion outside the capture the shift in teaching methods and its expansion outside the

school through use of digital technology school through use of digital technology



Emerging legal issuesEmerging legal issues – the relationship – the relationship

Neighbour principle broadens duty of careNeighbour principle broadens duty of care

1996 first case involving the Trustees of Roman Catholic Church of the Diocese1996 first case involving the Trustees of Roman Catholic Church of the Diocese

of Bathurst “…Undoubtedly … a particular duty of care arises becaue of a pre-of Bathurst “…Undoubtedly … a particular duty of care arises becaue of a pre-existing relationship….” existing relationship….”

2005 High Court case - Trustees of Roman Catholic Church for the Diocese of 2005 High Court case - Trustees of Roman Catholic Church for the Diocese of Canberra and Goulburn v Hadba [2005]. Canberra and Goulburn v Hadba [2005].





1996 first case involving the Trustees of Roman Catholic Church of the Diocese1996 first case involving the Trustees of Roman Catholic Church of the Diocese

of Bathurst “…Undoubtedly … a particular duty of care arises because of a of Bathurst “…Undoubtedly … a particular duty of care arises because of a

pre-existing relationship….” pre-existing relationship….”

2005 High Court case - Trustees of Roman Catholic Church for the Diocese of 2005 High Court case - Trustees of Roman Catholic Church for the Diocese of

Canberra and Goulburn v Hadba [2005]. (Dissenting Justices comments)Canberra and Goulburn v Hadba [2005]. (Dissenting Justices comments)





Communal nature of schools Communal nature of schools

Context of a learning neighbourhood for students teachers and parentsContext of a learning neighbourhood for students teachers and parents



Emerging legal issuesEmerging legal issues

What is viewed as “reasonably foreseeable” is extending What is viewed as “reasonably foreseeable” is extending Greatest risk is that we believe if we did not see it then it is not reasonably Greatest risk is that we believe if we did not see it then it is not reasonably

foreseeable (misuse of cyber technology is not easy to see)foreseeable (misuse of cyber technology is not easy to see)

Cox v State of New South WalesCox v State of New South Wales

……duty of the school extended not based on the teachers actual ability or duty of the school extended not based on the teachers actual ability or capability but the particular relationship between the student and teacher capability but the particular relationship between the student and teacher (headmaster). (headmaster).



Emerging legal issuesEmerging legal issues

This case raised issues that are significant: This case raised issues that are significant: 1) 1) School authorities must take more then normal steps to address School authorities must take more then normal steps to address harmful harmful

conduct conduct 2)2) Lack of knowledge, capability or ability of a school authority will not be Lack of knowledge, capability or ability of a school authority will not be a a

defence defence

Digital communication - an essential education toolDigital communication - an essential education tool

Digital communication blurs traditional professional boundariesDigital communication blurs traditional professional boundaries



What does this all mean? What does this all mean?

What are the values you aspire to in creating a community experience in your school. What do What are the values you aspire to in creating a community experience in your school. What do you promote in your literature and website? you promote in your literature and website?

Are you a learning community which engages parents, students, staff and broader community? Are you a learning community which engages parents, students, staff and broader community?

What are the expectations of the relationship with the school from parents and students?What are the expectations of the relationship with the school from parents and students?

How has this changed in the last 10 years? How has this changed in the last 10 years?



Facts known Facts known

Digital communication - an essential education toolDigital communication - an essential education tool Digital communication blurs traditional professional boundariesDigital communication blurs traditional professional boundaries It allows for teaching to extend outside the classroom/schoolIt allows for teaching to extend outside the classroom/school Young people preferred means of communication/socialYoung people preferred means of communication/social Most staff and parents are less skilled and knowledgeable in this areaMost staff and parents are less skilled and knowledgeable in this area Young people are developmentally at an age that pushes boundariesYoung people are developmentally at an age that pushes boundaries Young people and staff can be harmed by misuse Young people and staff can be harmed by misuse We know there are risks – that's why you are here todayWe know there are risks – that's why you are here today



Research tells us the most significant part is education and creating a safe Research tells us the most significant part is education and creating a safe culture culture

So – What are the practical strategies that a school may adopt to reduce So – What are the practical strategies that a school may adopt to reduce the risks? To prepare us to consider this later today lets be educated by the risks? To prepare us to consider this later today lets be educated by our next two speakers ............ our next two speakers ............


Developmental Theory and Responsible Developmental Theory and Responsible Management of RiskManagement of Risk

Dr Ros Montague, Director - NSW Institute of PsychiatryDr Ros Montague, Director - NSW Institute of Psychiatry


Managing the Use of Digital Technology by Young PeopleManaging the Use of Digital Technology by Young People

Superintendent Brad Shallies, Australian Federal PoliceSuperintendent Brad Shallies, Australian Federal Police


Risk management strategies to considerRisk management strategies to consider Multi faceted approach Multi faceted approach Values positionValues position Professional developmentProfessional development Engagement with parentsEngagement with parents Education of StudentsEducation of Students Responses to victim, bully and bystanderResponses to victim, bully and bystander Workplace policies and proceduresWorkplace policies and procedures


Documents

EDUCATION LEADERS’ FORUM 24 March 2009 Cybersurvivor