Bullying & Cyberbullying: What Educators and Board
Members Need to KnowHarding & Shultz
(402) 434-3000H & S School Law
[email protected] [email protected]@KarenHaase @SteveisEsteban
[email protected]@btruhe
Bullying?“any ongoing pattern of physical, verbal, or electronic abuse on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school purpose
by a school employee or his or her designee, or at school-sponsored
activities or school-sponsored athletic events.”
Cyberbullying?Cyberbullying, v: the use of technology
such as computers and cell phones to engage in repeated, and hostile behavior
by an individual or group, that is intended to harm others.
The term "cyberbullying" is used when the victim or bully is a child or teen. The term cyber harassment is used when the
victim is an adult.
Is This Really a Problem? 1 in 4 kids admit to being cyberbullied 65% of kids know someone being
cyberbullied 22% of teens have been cyber pranked 29% of teens admit that they have posted
mean info about someone else 24% of teens have had private or
embarrassing information revealed against their will
Is This Really a Problem? 86% of teenagers have been stalked by a
stranger on their Facebook account. 55% of teens admit they’ve given
personal information to someone they do not know 30% of teens have arranged to meet in
person someone they met on social media
Isn’t this a Parent Issue? 47% of parents admit that they “do
little or nothing” to monitor online 67% of teenagers say they know how to
hide what they do online from parents. 43% of teens say they would change
their online behavior if they knew that their parents were watching them. 39% of teens think their online activity
is private from everyone
Bullying Litigation
Patterson v. Hudson Area Sch. Dist. (6th Cir. 2010)
Student viewed by peers as gay Middle school: name calling and
verbal harassment. high school:
• pushed into lockers • “a naked student rubbing against
him” in a locker room.
Patterson v. Hudson Area Sch. Dist. (6th Cir. 2010)
School had anti-bullying policyOn some occasions bullies reported
and punished; other times teachers ignoredOne teacher: “How does it feel to be
hit by a girl?” Jury awarded $800,000
Phillips v. Robertson County Bd. (Tenn. Ct. App. 2012)
Student with Asperger syndrome • Private counselor sent letter • Parent constantly reporting bullying
and asking for help• School developed system for kid
• Preferential seating• Card system to signal when feeling
bullied or stressed
Phillips v. Robertson County Bd. (Tenn. Ct. App. 2012)
Teacher left student classroom unsupervised• Student struck in the eye by bully• Sustained permanent damage
Teacher testified• Didn’t know about disability• Didn’t know about accommodations
Court ordered $300,000 judgment
Estate of Lance v. Kyer(Texas 2010)
9 year old boy with disabilities hanged himself in school restroom after being bullied Parents sued claiming disability
discrimination Court: district personnel had a
consistent policy of ignoring bullying against all students, do no discrim.
Kendall v. West Haven Dep’t. of Ed.(Conn. 2000)
Elementary special ed student injured by another student• Parents called and reported prior
incidents to assistant principal• Assistant principal said she would take
care of it• Assistant principal then called out of
building
Kendall v. West Haven Dep’t. of Ed.(Conn. 2000)
The student seriously injured when the bully attacked him in the school cafeteria. Court awarded $67,000 in damages Found the assistant principal
personally liable
G.M v. Dryceek Joint Elem. Sch. (Cal. 2012)
Student bullied 5 times in 6 months• After first incident teacher said she’d
watch the situation• After similar incident teacher and
counselor met with bullies• Assistant principal met with bullies• Bully punched victim in face and
received 5-day suspension
G.M v. Dryceek Joint Elem. Sch. (Cal. 2012)
Court: school officials took action aimed at stopping the harassment each time Deliberate indifference requires that
district know of harm and failed to act
Los Angeles Unif. Sch. Dist., (2006)
SpEd Student bullied and cyberbullied
Teacher knew of on-line comments; did nothing, posted on one page
OCR: “…the teacher's actions and inactions created a hostile environment for the Student based on disability.”
J.C. v. Beverly Hills Unif. S. D. (2010 Cal.)
8th grade girls talking smack about a peer; uploaded to YouTube
Principal suspended student who uploaded
Dad was an entertainment industry lawyer; sued district claiming First Amendment protection
Court: The good intentions of the school notwithstanding, it cannot discipline a student for speech, “simply because young persons are unpredictable or immature, or because, in general, teenagers are emotionally fragile and may often fight over hurtful comments.”
$107,150.80 in attorneys fees
J.C. v. Beverly Hills Unif. S. D. (2010 Cal.)
Dad: • Hopes his daughter learns a lesson
about the limits on governmental intrusion.
• “The school doesn’t have that kind of power. It’s up to the parents to discipline their child.”
• Chastised daughter: “That wasn’t a nice thing to do.”
J.C. v. Beverly Hills Unif. S. D. (2010 Cal.)
Fairfield-Suisun Unif Sch Dist(Cal. Dep’t Ed. 2012)
Student threatened to torture and kill peer School expelled Staff had expressed concerns over
student’s disturbing behavior before ALJ concluded that the district
should have conducted an MD review prior to expelling him
Rose Tree Media Sch. Dist. (PA 2010)
Middle school student found not eligible for SpEd; parent filed DP Parents complained
• peers posting insults Facebook• peers regularly taunted at school• Peers pushed and spashed water on
him
Rose Tree Media Sch. Dist. (PA 2010)
School• Investigated incidents• Student extremely sensitive and
misinterpreted normal interactions• found him ineligible for an IEP
H.O: school should have considered• disability made student a target• emotional difficulties caused
misinterpretation of others' actions
Cyber/bullying Responses Keep “Responding and Reporting”
separate in your mind (and your staff’s mind)
Focus on Small Stuff DOCUMENT, DOCUMENT,
DOCUMENT Look for nexus Don’t make promises you can’t keep
Helping Kids Deal; Tell them to:
Stop. Don’t respond to the bully.
Block. Block the cyberbully or limit all communications to those you can trust.
Tell. Tell a trusted adult.
Does Victim Need Interventions?
Interventions• Social skill training• Hygiene training with, sped
teacher, counselor or other staff • Peer mentor Be ready for a 504 or SpEd
request
Bullying & Cyberbullying: What Educators and Board
Members Need to KnowHarding & Shultz
(402) 434-3000H & S School Law
[email protected] [email protected]@KarenHaase @SteveisEsteban
[email protected]@btruhe