Cyberbullying Does Your School District Have the Policies to Deal w/It? Presented by Bill Bond Safe Schools Specialist Sponsored by VALIC

2 VIDEO

3 Is it Bullying or Joking Around? Bullying is an aggressive behavior that intends to cause harm, distress, and HUMILIATION It can be physical, spoken word, or electronic if a reasonable student would expect it to reach the school and its students

4 Four Criteria for Bullying 1) Imbalance of power 2) Repeated often 3) One student is humiliated by behavior 4) The other student enjoys the humiliation

5 Expectations the most powerful element in Education: negative or positive Don’t label a student a “bully” Focus on behavior of the student and results and effects.

6 Forms of Cyberbullying Threats & Intimidation Harassment & Stalking Deformation Peer Rejection/Exclusion Impersonation Publicly posting private information or images

7 In a “Virtual World” Power is not needed Anonymous Little fortitude needed No physiological effect No physical effect No negative peer reaction No “enough is enough”

8 Cyberspace Limitless numbers can view Lasts forever Spreads at light speed Virtual with live pictures Little supervision Always present No refuge

9 When is Cyberspace a School Issue? Cyber-bashing is an issue when it … disrupts learning compromises the values of the school becomes obscene uses school owned technology

10 Cyberbullying or Cyber-bashing Do schools have the responsibility to police misbehavior by students for “off-campus speech?”

11 Schools Need to Have in Place Acceptable use policies Internet use contract Cell phone use policy Informal partnerships with parents on technology use and policies Code of Conduct Electronic Bullying Policy on or off campus

12 Preventing Cyberbullying Takes a Whole School Approach Raising awareness between students, parents, and teachers. Keeping digital policies updated. Making reporting of Cyberbullying easy for students to do. Evaluate and survey results.

13 When Reported: Preserve and print the evidence Investigate Support the victim Apply consequences Contain the incident If the law was broken, involve police.

14 Challenges for School Districts Occurs in cyberspace Devastation to victim Disruption of learning environment Safety and security of students Individual free speech rights Nexus to school

15 All States except MT have anti-bullying laws From 1999 to 2011, 130 bills directed towards bullying have become state law. 37 states prohibit cyberbullying in their education code, 13 states specify that schools have jurisdiction over off-campus bullying behavior if it creates a hostile school environment

16 Tinker vs. Des Moines ISD “School has to demonstrate that the speech resulted in a substantial interference with the educational environment or right of others”

Tinker v. (1969) While students retain significant first amendment rights in the school context, their rights are not coextensive with those of adults. 17

18 Hazelwood v Kuhlmeier a US Supreme Court found that school districts can impose restrictions on first admendment student speech for educational purposes

19 Beussink vs. Woodland R-4 School District US District Court found students’ use of vulgar language about school and faculty on an off-campus website was protected by the first amendment because it was not materially disruptive.

20 Frederick vs. Morse US Supreme Court found “Bong Hits 4 Jesus” could be viewed as promoting illegal drug use, and not offensive speech.

Kowalski vs. Berkeley Co. Schools 4 th Circuit, 2011 The school district’s imposition of sanctions was permissible for off- campus speech on Facebook. It was sufficiently connected to the school, and substantially interfered with orderly operation of the school and the other students rights. 21

Kowalski v. (2011) It was foreseeable in this case that Kowalski’s poor conduct on the internet would reach the school via computers or smartphones. Where speech has a sufficient nexus with the school, the constitution is not written to hinder school administrators, good faith efforts to address the problem 22

23 These Are Not Consequences for Students Contacting parents of the students involved. Notifying internet host or cell phone carrier. If threats are involved, notify law enforcement.

24 Federal Title II Technology Funds Use of E-Rate funds require schools to have a Cyberbullying policy in place and instruction in internet safety Students should be told in advance that there is no expectation of privacy and that use of the district system can be monitored.

25 Make it Easy to Report Cyberbullying Confidentiality Anonymously Save Cyberbullying Evidence Print out messages or pictures

26 Recommended Websites Cyberbullying.org Bullypolice.org bjparis.org Cyberbullying.us Bullycide.org Stopbullyingnow.gov

27 VALIC Thank you for attending the session today! I welcome the opportunity to bring this topic and others related to school safety to your school district and can be Sponsored by VALIC For a list of topics or to schedule a presentation please visit the NASSP or call Bill Bond ext. 357