Bullying & Cyberbullying: What Educators and Board Members Need to Know

1. Bullying & Cyberbullying: What Educators and Board Members Need to Know Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase

2. 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.”

3. 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.

4. 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

5. 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

6. 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

7. Bullying Litigation

8. 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.

9. Patterson v. Hudson Area Sch. Dist. (6th Cir. 2010) • School had anti-bullying policy • On some occasions bullies reported and punished; other times teachers ignored • One teacher: “How does it feel to be hit by a girl?” • Jury awarded $800,000

10. 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

11. 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

12. 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, so no discrimination

13. 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

14. 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

15. 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

16. 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

17. 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.”

18. 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 • ALJconcluded that the district should have conducted an MD review prior to expelling him

19. 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 splashed water on him

20. 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

21. Rosario v. Clark County Sch. Dist. (D. Nev. 2013) • Basketball student tweeted after last game of the season • [Principal] is a bitch • I hope coach brown gets f*cked in the *ss by 10 black dicks • Now I can tweet whatever I want and I hope one of ya’al m*therf*ckers snitch on me • F*ck coach brown’s bitch *ss • Finally this b*tch season is over • Oh yeah and [AD]’s square *ss • And [assistant coach] is a p*ssy *ss n*gg*tryin to talk sh*t

22. Rosario v. Clark County Sch. Dist. (D. Nev. 2013) • Targeted staff filed discipline complaints and “victim impact statements” against student • Student was suspended and eventually assigned to a different high school • Student sued

23. Rosario v. Clark County Sch. Dist. (D. Nev. 2013) • First Amendment Claims • Student argued free speech • School argued no protection because content obscene • Court: • Only one tweet “obscene” • Punished for all tweets • Must establish that this speech caused material and substantial disruption

24. Rosario v. Clark County Sch. Dist. (D. Nev. 2013) • Fourth Amendment Claims • Student claimed unlawful search of twitter account • Court: • No “search” • No expectation of privacy • Poster assumes risk that remarks will be made public

25. Rosario v. Clark County Sch. Dist. (D. Nev. 2013) • Assault and Battery Claims • Coach threw basketball in student’s face • Assistant coach supported • Court: • Basketball players assume risk of normal physical contact, not basketballs thrown in face

27. 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

28. 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.

29. 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

30. Bullying & Cyberbullying: What Educators and Board Members Need to Know Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase