cyberbulllying dr. john lowdermilk mrs. julie pecina university of texas pan american
TRANSCRIPT
What Type of Conduct
Physical conduct that occurs at school, a school function, or at a school vehicle
Physical conduct that does not occur at school, school functions or school vehicle is not covered by the statute. NOT BULLYING
Written, verbal or electronic expression
The Definition: Motivation
Bullying involves exploiting an imbalance of power
Ask yourself: how do kids do this on your campus?
Exploit: “to use selfishly for one’s own ends.”
Exploitation involves intentional conduct.
The Definition: The Effect
The conduct must either1. Interfere with the student’s education; or
2. Substantially disrupt the operation of the school.
The first effect is more common than the second
How might the conduct interfere with a student’s education?
Interfering with Student’s Education
Physical harm to the student; or
Damage to the student’s property; or
The bully has created an intimidating, threatening or abusive educational environment for the target student due to behavior that is severe, persistent and pervasive
What does that Mean?
When a student voluntarily forgoes a school activity for fear of, or in response to, perceived bullying, you have some evidence of an “intimidating, threatening, or abusive educational environment.”
For example, student quits band because of bullying
Cyberbullying
Willful and repeated harm inflicted through the use of computers, cell phones, and other electric devices
Incidents where adolescents use technology to harass, threaten, humiliate, or otherwise hassle their peers
Law and cyberbullying
Currently there does not exist any clear legal consensus about how to deal with may types of cyberbullying incidents
However, Texas has defined cyberbullying in House Bill 1942 as stated in Chapter 37 of the Texas Education Code
Penalties for Cyberbullying in TexasPenalties resulting from conviction of cyber bullying can range from a Class A Misdemeanor up to a 3rd degree felony. There are many factors involved in proving this conviction. The criminal history of the offender is considered in determining the severity of sentencing. Misdemeanor violations will most likely include fines and community service but a felony charge can mean 2 to 10 years in prison.
Courts and SchoolsFor a school to not be allowed to become involved in student free speech, U.S. Supreme Court wrote in the 1969 Tinker v. Des Moines ISD case (that) 2 key features must be present1. The behavior occurred on campus
2. The behavior was passive and non-threatening
A prohibition against expression of opinion, without any evidence that the rule is necessary to avoid substantial interference with school disciple or the rights of other is not permissible under the First and Fourteenth Amendments. Thus, the Court clarified that school personnel have the burden of demonstrating that the speech or behavior resulted in a substantial interference.
Courts and Schools
EMMETT V. KENT SCHOOL DSTRICT NO. 415 (2000)
A student was expelled for creating a website with fake obituaries of students and created a page that allowed visitors to vote on which student died next
The major issue in this case was that the school district failed to demonstrate that the website was “intended to threaten anyone, did actually threaten anyone, or manifested any violent tendencies whatsoever.”
Courts and SchoolsLayshock v. Hermitage School District (2006)
U. S. District Court denied the defendant’s motion for a preliminary injunction after examining “whether a school district can punish a student for posting on the Internet, from his grandmother’s home computer, a non-threatening, non-obscene parody profile making fun of the school principal.”
The Court noted that the act of creating a mock MySpace account was in fact protected by the First Amendment, when the act resulted in an “actual disruption of the day-to-day operation of the school, it became punishable by the school district
However, once the case had been heard, the Court found that the school could not determine which profile had caused a disruption and the Court concluded that it was the investigation by school personnel that led to a disruption
Six Primary Elements of an effective School
Policy1. Specific definitions for harassment, intimidation, and
bullying (including the digital variants)
2. Graduated consequences and remedial actions
3. Procedures for reporting
4. Procedures for investigating
5. Specific language that if a student’s off-school speech or behavior results in “substantial disruption of the learning environment,” the student can be disciplined
6. Procedures for preventing cyberbullying
Negative effectsDepressed, sad, angry, and frustrated
One teenager stated: “It makes me hurt both physically and mentally. It scares me and takes away all my confidence. It makes me feel sick and worthless.”
Many students are afraid to go to school
Studies show links between cyberbullying and:Low self-esteem
Family problems
Academic problems
School violence
Delinquent behavior
Suicide thoughts & suicides
Where does it occur
Cyberbullying started in chat rooms, however it has moved to
Social networking sites such as Facebook
Video sharing sites such as YouTube
Text messaging
Portable gaming devices
3-D virtual worlds
Interactive sites such as Formspring and ChatRoulette
How often does it occur
Estimates range from 10 – 40%
One study using the definition of cyberbullying as “when someone repeatedly makes fun or another person online or repeatedly picks on another person through email or text message or when someone posts something online about another person that they don’t like…” This study from 2010 with a random selection of 4,400 students age 11 – 18 years old found 20%.
20% admitted to cyberbullying and
10% admitted to both being a cyberbully and a victim
What is different between cyberbullying & traditional
bullyingVictims do not always know the identity of the cyberbully
The actions of the cyberbully are viral
The cyberbully will, many times, be more hurtful because of the innate structures of technology
Many adults to not have the know-how to protect and check up on their children when they are in cyber space
Why is it becoming a major issue
75% of youth go online every day for school work, to keep in touch with their friends, to play games, to learn about celebrities, to share their digital creations, etc..
Challenges of preventing it
1. Many people do not see cyberbullying as a major problem. They see other types of aggression as more important to deal with
2. Most authorities are hesitant to get involved
Signs of Cyberbullying
Unexpectedly stops using their computer or cell
Appears nervous or jumpy when an instant message or email appears
Appears uneasy about going to school or outside in general
Appears to be angry, depressed, or frustrated after using tech
Avoids discussions about tech
Becomes abnormally withdrawn from usual friends and family members
Signs of a cyberbully
Quickly switches screens or closes programs when an adult walks by
Gets unusually upset if tech privileges are restricted
Avoids discussions about what they are doing on tech
Inconsistent behavior towards tech
Sexting Defined
The sending or receiving of sexually-explicit or sexually-suggestive images or video via a cell phone
Two high profile incidents
Jesse Logan & Hope WitsellJesse Logan
18 year old girl from Ohio whose ex-boyfriend circulated nude pictures of her to a large number of their high school peers
Two months later she committed suicide
Hope Witsell13 year old girl
Sent topless pictures of herself to a boy she liked
The image found it way onto the cells of other students
Resulted in name calling by other students (e.g., slut, whore)
Committed suicide two weeks into her 8th grade school year
Research
Four national students have been completed which collected data on the frequency of sexting among teens 1. National Campaign to Prevent Teen and
Unplanned Pregnancy • Released data from late Sep and early Oct of
2008 which identified that 19% of teens had sent a sexually-suggestive picture or video of themselves to someone via email, cell, or another form of online interaction
• 31% had received a nude or semi-nude picture from someone else
Research
2. Cox Communication study conducted in April of 2009• 9% of teens between the ages of 13 – 19
had sent sexually-suggestive pictures via text or email
• 3% had forwarded one• 17% had received one
Research
3. MTV & Associated Press explored the issue in Sept 2009• 10% of youth between ages 14 and 24 had
sent a naked picture of themselves to others
• 15% had received naked pictures or video from someone directly
Research
4. Pew Internet & American Life Project based on data collected from June to Sept of 2009 found• 4% of youth ages 12 – 17 who owned cell
phones had sent sexually-suggestive nude or nearly nude images of themselves to someone else
• 15% had receive such images
ResearchMuch of the research shows that while boys and girls were equally likely to report sending photos, boys were significantly more likely to report receiving them
Responses
Criminal prosecution against teens who engage in sexting, have included the following charges:
Disorderly conduct
Illegal use of a minor in nudity-oriented material
Felony sexual assault of children
Criminal use of a communications facility
Open lewdness
Responses
While some people believe that the charges listed in the previous slide are appropriate defenses to stopping future suicides such as Jesse Logan and Hope Witsell; many people think that sexting is a part of adolescent “dating” during an era where digital technology are mainstays in our culture
As of Sept 2010, 21 states have either introduced or enacted legislation to address sexting with penalties ranging from educational programming for first-time offenders, to fines, felony charges, or short-term incarceration
What should schools do
• Teachers should work with their school police officer to collect evidence and investigate the incident to determine its nature
• ADMINISTRATORS AND TEACHERS SHOULD NEVER FORWARD, COPY, TRANSMIT, DOWNLOAD, OR PLACE ON A USB THUMB DRIVE, OR SHOW ANY NON-LAW ENFORCEMENT PERSONNEL ANY EVIDENCE COLLECTED FROM A PERSONAL DIGITAL DEVICE, CELL, AND/OR COMPUTER AFTER THE INITIAL DISCOVERY
What should schools do• School personnel should only confiscate the device and
let law enforcement search its contents and call logs
• Contact the primary students involved and their families
• With regard to the child who is featured in the pictures, the situation must be addressed in a delicate manner
• The student and parent(s) should be encouraged to meet with a counselor or another mental health professional to deal with trauma and stress of the incident
• Some school districts mandate the contacting of the parents of the students that disseminated the images, before the investigation can begin
What should schools do
• It is critical that officials identify the motivations behind the behavior (e.g., was it immaturity or intent to harm?)
• School officials need to get “ahead” of the further distribution of the images
Preventative measures
Schools should develop a policy that clearly states that the MERE possession of sexually-explicit images of minors on any device is prohibited regardless of whether any state laws are violated
Policy should indicate that all involved in sexting, unless they immediately deleted the images, could be subject to discipline
Policy should inform student that their parents and the police may be contacted to investigate
Policy should put students on notice that cell phones will be searched if there is probably cause that a criminal violation has occurred, and may be searched if reasonable suspicion exists that the phone contains evidence of a violation of school policy
Consequences must be clearly stated but should include wording that allows admin to use their discretion
Policy should explicitly prohibit harassment and bullying related to sexting incidents, and include provisions for increased punishment where threats are made regarding the distribution
For a List of Helpful Websites, Please see
the followinghttp://www.tea.state.tx.us/index2.aspx?id=2147488005