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

1. Cyber-Bullying, Harassment & Sexting Liabilities and Strategies for 21st Century Educators Spring River Conference Dennis Lewis November 2, 2009

2. Instructional Targets • Understand how to prevent and appropriately intervene when students demonstrate harassing, intimidating, or bullying behaviors – electronically or otherwise • Understand how to work with parents and students related to bullying, harassment or intimidation • Understand an educator’s legal liability related to this negative student behavior  2009 EDU-SAFE L.L.C.

3. Bullying • Aggressive behavior or intentional “harm doing” • Repeatedly carried out over time • An interpersonal relationship characterized by an imbalance of power  2009 EDU-SAFE L.L.C.

4. Educator Frustrations • Labor intensive and never ending • Little time for staff development and educating students and parents • Some parents are quick to criticize about the school’s response – or lack of response • The behavior is disruptive to educational process and school climate  2009 EDU-SAFE L.L.C.

5. Educator Frustrations • Bullying is seldom seen - only the results are observed and many students will not report victimization • Consistency of staff response is challenging • The plate is already full with other initiatives  2009 EDU-SAFE L.L.C.

6. Educator Frustrations • Legal parameters are evolving and confusing • The issues are very complex • Cyber-bullying is a relatively new phenomenon with new ‘rules’, expectations, and ‘opportunities’  2009 EDU-SAFE L.L.C.

7. Parental Frustrations • It’s no longer just ‘kicking sand in someone’s face’ • It is difficult to find time to make an appointment and have a conference with school personnel • School personnel say they are concerned about the problem, but sometimes there is little visible evidence of intervention • The situation is disruptive to your child’s education – grades and attendance may drop  2009 EDU-SAFE L.L.C.

8. Parental Frustrations • Many children do not want to report victimization to parents or school personnel • It is difficult to not be highly emotional on this topic • Cyber-bullying is a relatively new phenomenon with new ‘opportunities’  2009 EDU-SAFE L.L.C.

9. Legal Vulnerability • The school has knowledge of harassment • The school is deliberately indifferent to the harassment • The school exercises substantial control over both the harasser and the context in which the known harassment occurs • Harassment is so severe, pervasive, and objectionably offensive that it deprives victims access to educational opportunities or benefits provided by the school  2009 EDU-SAFE L.L.C.

10. Bullying, Stalking & Harassment • Anti-bullying policies required (Sept. 1, 07) • Intimidation or harassment • Reasonable person fear of safety or property • Physical act or verbal statement • Cyber-bullying (S.B. 818) • Added to crimes of harassment and stalking • Harassment • knowingly frighten, intimidate or cause emotion distress; • Use course language and place in apprehension of harm; • Knowingly communicate with person under 17 or thought to be under 17 and without good cause recklessly frighten, intimidate or cause emotional distress; • Knowingly make repeated unwanted communications; or • Without good cause acts to frighten, intimidates or cause emotional distress and actually frightens, etc.. • Stalking – purposely through course of conduct (2 or more) harasses or follows with the intent to harass; • Varying degrees of stalking

11. Hazing Defined RSMO §578.360 “A willful act, occurring on or off the campus of an educational institution, Directed against a student or prospective member of an organization operating under the sanction of an educational institution, That recklessly endangers the mental or physical health or safety of a student or prospective member For the purpose of initiation or admission into or continued membership in any such organization To the extent that such person is knowingly placed at probable risk of the loss of life or probable bodily or psychological harm.”

12. The Behaviors • Physical Bullying - Harm to a person’s body by hitting, kicking, pushing, choking, etc. • Emotional Bullying - verbal name calling, threatening, taunting, malicious teasing, spreading nasty rumors  2009 EDU-SAFE L.L.C.

13. The Behaviors • Sexual Bullying – inappropriate touching, threatening, or teasing that is sexual in nature • Gay Bashing – harassment based upon sexual preference or orientation  2009 EDU-SAFE L.L.C.

14. Anonymity & Pseudonymity • May be difficult to identify perpetrator • Takes less courage to say hurtful things • Takes effort and perseverance to identify the perpetrator • Cyber-bullying can provide ‘evidence’ of the act  2009 EDU-SAFE L.L.C.

15. Disinhibition • Free from constraints and inhibitions – much like attending a costume party • May make it more difficult to control impulsive behavior • Consequences are usually not immediate or clear to the perpetrator  2009 EDU-SAFE L.L.C.

16. ‘Viral’ Communication • Spreads like a virus • Information travels quickly and to many people • Very difficult to control - There is no ‘cure’ • Bullying is no longer confined to the school day – there is no escape  2009 EDU-SAFE L.L.C.

17. A Child May Be Victimized If… • Unexpectedly stops using the computer • Appears nervous or jumpy when an instant message or email appears • Avoids answering his or her cell phone in front of you • Appears uneasy about going to school or out in a public place in general  2009 EDU-SAFE L.L.C.

18. A Child May Be Victimized If… • Appears to be angry, depressed, or frustrated after using the computer • Avoids discussions about what he or she is doing on the computer • Becomes abnormally withdrawn from usual friends and family members • Is bullied at school  2009 EDU-SAFE L.L.C.

19. A Child May Be Cyber-bullying If……… • Quickly switches screens or closes programs when you walk by • Uses the computer at all hours of the night • Gets unusually upset if he or she cannot use the computer • Uses multiple online accounts or an account that is not his own  2009 EDU-SAFE L.L.C.

20. A Child May Be Cyber-bullying If……… • Laughs excessively while using the computer • Avoids discussions about what he or she is doing on the computer or becomes defensive  2009 EDU-SAFE L.L.C.

21. Common Forms of Cyber-bullying • Photoshopping • Rumor Spreading • Flaming – hostile messages meant to inflame • Trolling – attempting to incite others to bully • Impersonation • Physical Threats & Happy Slapping • Sexting  2009 EDU-SAFE L.L.C.

22. Common Chat Acronyms • AFAIK – As far as I know • AFK – Away from keyboard • A/S/L? – Age, Sex, Location? • BBIAB – Be Back in a Bit • BF – Boyfriend • BRB – Be Right Back • BTW – By the Way  2009 EDU-SAFE L.L.C.

23. Common Chat Acronyms • CU – See You • CYA – Cover Your A** • DWB – Don’t Write Back • F2F – Face to Face • FWIW – For What It’s Worth • GF – Girlfriend • IMHO – In My Humble Opinion  2009 EDU-SAFE L.L.C.

24. Common Chat Acronyms • JK – Just Kidding • L8R – Later • LMAO – Laughing My A** Off • LOL – Laughing Out Loud • M/F – Male or Female • NIFOC – Naked in Front of Computer • NP – No Problem  2009 EDU-SAFE L.L.C.

25. Common Chat Acronyms • OMG – Oh My God • PAW – Parents Are Watching • PIR – Parents In Room • POS – Parents Over Shoulder or Piece of S*** • ROTFL – Rolling on the Floor Laughing • RTFM – Read the F*** Manual • SNAFU – Situation Normal, all F*** Up • TAFN – That’s It For Now  2009 EDU-SAFE L.L.C.

26. Common Chat Acronyms • TMI – Too Much Information • TTYL – Talk to You Later • WB – Welcome Back • WTGP? – Want to Go Private? • WTF? – What the F***? • WUF? – Where Are You From? • YBS – You’ll Be Sorry  2009 EDU-SAFE L.L.C.

27. In School Can discipline for conduct that violates a provision of the disciplinary code. Off Campus Need to establish a nexus/relationship to the school. Show how the educational environment/ students/staff are (or are likely to be) impacted.

28. Cyber-Bullying and Threats Preserve Evidence Identify Writer Self Identifying Impersonation Anonymous Review Internet Use Records of Student if Parents Cooperate (may be up to law enforcement if using personal computer outside of school) Look for Information in Other Locations Online – references to the student(s), school, teachers, etc.

29. Checklist – If Conduct Occurred on Campus Did the conduct violate a school policy or regulation? Was the student provided notice of the policy (in student handbook or other reasonable notice provided to place a reasonable student on notice)? Did the conduct cause, or was it reasonably likely to cause, a disruption? Was the conduct prejudicial to good order and discipline in the school?

30. If Conduct Occurred Off Campus Discipline code prohibits the conduct Conduct involves student speech Conduct Caused/Likely to Cause Disruption. Determine the Relationship/Nexus to School. Does the Speech Violate a School Policy? Does the Speech Include a Threat of Vandalism/Harm to School Property? Does the Speech Suggest/Advocate Harm to Students/Staff? Does the Speech Contain a True Threat?

31. Does the Speech Contain a True Threat? Reaction of Those Who Heard the Threat? Was the Threat Conditional? Was a Direct Threat Made to the Victim or a Third Party? Does the Student Have a History of Making Threats? Does the Student Have a History of Violent Behavior? Would a Reasonable Person Hearing the Threat Believe the Student Posed a Threat of Current or Future Harm?

32. Conduct Involves Student Behavior. Conduct Caused/Likely to Cause Disruption Determine the Relationship/Nexus to School Where Did the Conduct Occur in Relation to the Location of the School/School Function? When Did the Conduct Occur in Relation to the School Day? Did any Contributing Acts Occur at School/a School Function? Were Other Students Involved? If Other Students Were Involved, in What Capacity? Is Action Needed to Protect Students/Staff? Did the Conduct Result in Injury to a Student/Staff Member or the Property of a Student/Staff Member? Did the Conduct Result in or Recommend Damage to Students/Staff Members or the Property of Students/Staff Members?

33. Conduct is Not Covered by the Discipline Code Does the Student Participate in Extracurricular Activities? Do the Extracurricular Activities Impose Additional Requirements/Conditions for Participation? Does the Conduct/Speech Violate These Additional Requirements/Conditions? If YES, Participation in Extracurricular Activities Can be Restricted in Accordance with the Written Requirements/Conditions. The Student is Provided an Opportunity to Respond to the Allegations Prior to Imposition of the Restrictions.

34. Understand What Students Can Do Remember the 6 P’s! Predators Professors Prospective Employers Police Parents Preacher  2009 EDU-SAFE L.L.C.

35. A Reasonable Response • All should understand not all bullying behaviors can be stopped or prevented • Parents and students should be reassured school personnel are concerned • An investigation should begin promptly • Interventions should occur and a plan should be developed – including what student, staff, and parents will do to prevent and intervene appropriately • School personnel should communicate with parents in a timely manner related to initiatives, efforts, and response to interventions  2009 EDU-SAFE L.L.C.

36. HOW TO CONTACT US By Mail: P.O. Box 1963 Springfield Mo. 65801-1963 By Phone: 417-880-5895 By E-mail: edusafe@edu-safe.org By Website: www.edu-safe.org  2008 EDU-SAFE L.L.C.