What is “Cyberbullying”?

• The phenomenon of cyberbullying has been defined as the willful and repeated harm or embarrassment inflicted through the use of an electronic device such as a computer or cell phone.

• Students generally engage in cyberbullying by using electronic devices to send sexual remarks, hate speech or to gang up on victims by making them the subject of ridicule in forums, and posting false statements as fact aimed at humiliation.

How is Cyberbullying different from traditional bullying?

• Cyberbully can hide his/her identity by using anonymous email addresses or pseudonymous screen names.

• Cyberbully is often more cruel using technology because he/she can do so from a distance and not have to confront the Victim.

• Victims often do not know who the bully is, or why they are being targeted.

• The harmful actions of a Cyberbully can reach a large number of people with little effort and in a short amount of time.

• Cyberbullying easily allows others to be involved in an attack on a victim.

• Greater harm to the Victim, as he/she perceives that “everyone” is aware of the harmful comments.

• Parents and School Staff cannot easily monitor.

Are there laws that prohibit Cyberbullying?

Effective January 1, 2009, Public Act 095-0849 (720 ILCS 5/12-7.5) in Illinois amended the definition of cyberstalking to include creating and maintaining a website or webpage that is:

• Accessible to others for at least 24 hours;

• Contains statements harassing another person; and

• Communicates or solicits the commission of a threat of immediate or future bodily harm, sexual assault, confinement, or restraint to a person or that person’s family member or places or solicits another to place a person or that person’s family member in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint.

• Cyberstalking is a Class 4 felony. A second or subsequent conviction for cyberstalking is a Class 3 felony.

Do School Districts have an obligation to monitor online forums for cyberbullying and

other online misconduct?

• No.

• School staff should be advised not to create an alias or provide false information in order to gain access to a student’s e-mail or social networking site.

• School Districts do have the obligation to respond to and investigate allegations of cyberbullying or other online

misconduct.

What right does a School District have to monitor material created or viewed on District

computers?

• The School District can monitor, search, and otherwise access most material that is created, viewed, or otherwise accessed on District owned technology.

• This includes the right to access “screen shots” of internet pages that students have accessed, including websites (e.g., Facebook) even if the website itself is protected by a password.

• Students should be required to sign an acceptable use policy, which notifies them of the District’s right to monitor and search technology.

• Students may be disciplined for failure to comply with the terms of the AUP, even if their speech is arguably protected by the First Amendment.

Can the School District be held liable for the actions of a student who engages in

cyberbullying?

• School districts generally cannot be held liable for the actions of a bully or harassing student.

• School District are responsible for its own response (or lack of response) to bullying or harassing students.

When can a student be disciplined for off-campus online misconduct?

• Off-campus online misconduct may be disciplined if:

1. The Board of Education has a policy that allows discipline for the misconduct at issue;

2. There’s a “sufficient nexus” between the off-campus, online misconduct and the school environment; and

3. The speech “substantially disrupts” the school environment.

What is a “Sufficient Nexus”?

• Courts generally find a sufficient nexus where the student somehow introduces the material into the school community, despite having created it off-campus. Creates online content off campus, but accesses it on campus;– “Sends” the online content to other students at the school;– “Aims” the material at students or staff;– Encourages action by students or other members of the school

community– Creates false online materials that third parties might construe

as being “created by” the school or a staff member; – Creates online materials that school officials reasonably believe

would have a serious impact on student relationships.

What factors weigh against a finding of a Sufficient Nexus?

• The only notification to school officials of the information was made by other students, parents, or third parties, unless that material was “aimed” at the third party who notified the school;

• That the student clearly did not intend the speech to reach campus and publicized it in such a manner that it was unlikely to do so; and

• That a school official was “hunting” for it online.

What is a “Substantial Disruption”?

• Some specific facts that may support the presence of a risk of substantial disruption:

– Whether the content is violent/threatening– Whether the content is misleading or false– Whether there have been previous disruptions re: similar

content– Whether there has been disruption in the classroom– Voiced concerns from parents– Staff absences due to safety/stress/etc– School officials are being pulled away from their ordinary

tasks to respond to the effects of a student’s speech

What factors may weigh against a finding of Substantial Disruption?

• Students are merely discussing the speech at issue without any evidence that classroom activities were substantially disrupted

• Only a few students were pulled out of class, or school staff spent the same amount of time typically spent on small issues at school to deal with the problem

• Ordinary personality conflicts among students that may leave one student feeling hurt or insecure

• Officials appear to simply dislike or disagree with the content or the message of the speech at issue

How should School Districts respond to allegations of Cyberbullying or other

Online Misconduct? • Once school staff is made aware of online

misconduct, including cyberbullying, they should:

1. Determine whether an investigation should be conducted.

2. Define the nature and scope of the investigation.

3. Determine whether to conduct a search.

4. Issue discipline when appropriate.

Glen School District 41

• Anti-Bullying Task Force – March 2011

“Creating a Culture of Care”• Four Study Groups - Definition and Response,

Best Practices, School Climate & Community Education

• Developed Matrix of Definition & Response

• Defined Best Practices

Glen Ellyn School District 41

• Positive School Climate

• Community Engagement & Education

River Trails School District 26

• The prevention of bullying, intimidation and harassment is critical for a safe and effective learning environment– Addressing Cyberbullying is just one component

• The district recently updated Board policy on Preventing Bullying, Intimidation and Harassment

River Trails School District 26

• All students receive internet safety instruction – The District uses iSafe curriculum which includes a

cyberbullying component

• Bully phone hotline– Anonymous– Middle school principal investigates every call– Very few calls

• Staff members investigate allegations of bullying– Student reports of bullying tend to be made in person

to a staff member

River Trails School District 26

• Responses to Bullying– Teaching students the different faces of the

bully• A bully may smile while he makes fun of your

sweater

– Problem solving with students– Involving parents– Mentoring younger students

• 8th grade leadership team

River Trails School District 26

• Parent Universities on Cyber Issues– Including sexting, bullying and social media– Cook County States Attorney presentation– Mt Prospect police presentation

• Resources for parents on district website– http://www.rtsd26.org/dept/Technology/CyberSafety/Pages/default.aspx

• District staff attend professional development on internet security and safety

River Trails School District 26

• Recent social networking examples– 5th grade boys made facebook page for a 5th

grade girl (no mean information)– Facebook page made for an autistic student

(no mean information)– Racism allegations directed towards coach

when student did not make team

River Trails School District 26

• Future plans– Teach parents ins and outs of social

networking and how to navigate– Update handbooks– Provide additional professional development– Continue parent universities