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CybeRBullying

CybeRBullying. Protect Yourself, Your Students, and Your School District. What is CyBERBULLYING?. Using the internet or cell phones to post or send malicious, harmful, or damaging information and/or photos to inflict harm or pain on a person.

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CybeRBullying

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  1. CybeRBullying Protect Yourself, Your Students, and Your School District

  2. What is CyBERBULLYING? • Using the internet or cell phones to post or send malicious, harmful, or damaging information and/or photos to inflict harm or pain on a person. • Kinds of Cyberbullying- Flaming, Outing, Masquerading, Cyberstalking, and Sexting

  3. The Tinker Rule • Public school students may express their personal and political views in ways that do not “materially and substantially interfere with” the operation of their school. • Tinker –vs- Des Moines- Public School students retain their right to free speech and may indicate their views. However, this can not cause a disruption to the operation of the school.

  4. Inappropriate Student WebSites • Creating a web site to solicit money to hire a hit man to kill your teacher may be punishable. • J.S. v. Bethlehem Area Sch. Dist., 807 A.2d 847 (Pa. 2002). The creation of the website resulted in a severe disruption at school as the teacher threatened had to take an extended medical leave.

  5. Inappropriate Student WebSites • Posting an image of your teacher with a gun firing a bullet into his head may be punishable. • Wisniewski v. Bd. Of Educ. Of Weedsport Cent. Sch. Dist., 494 F.3d 34 (2ndCir. 2007). • Free speech is no longer protected as a significant disruption to the work and discipline of the school was created.

  6. Web Pages Designed to Insult the Character of Another Person • Creating a fake web page suggesting that your principal is a sex addict and pedophile may not be punishable. • J.S. –vs- Blue Mountain School District (3rd Cir. 2010) • The Court applied the Tinker standard and indicated that the action though indisputably vulgar, was so juvenile and nonsensical that no reasonable person could take its content seriously, and the record clearly demonstrates that no one did." The court noted "the integral events …case occurred outside the school, during non-school hours.” The court was also persuaded by the fact that the profile was made “private” and access was limited to the girl’s friends. The appellate court held that the girl could not be punished for the use of profane language outside of school, during non-school hours.

  7. WeBSITES Created to BULLY Another Student • Creating a fake web site that bullies another student may be punishable • Kowalski v. Berkeley County Schools,652 F.3d 565, 111 LRP 51060(4thCir. 2011),cert denied112 LRP 3081 (U.S. 2012) • S.A.S.H. Website created to ridicule another student. The courtupheld punishment and indicated that it was the duty of the school to regulate speech that interferes with or disrupts the work of the school.

  8. What is the Responsibility of the School District? • The School District should always follow the Tinker Rule and use common sense strategies. • Has the use of technology to bully another student or staff member in the home setting or school setting caused a disruption in the school environment? • The School District is responsible to: Listen, Watch, and Respond Reasonably to all complaints.

  9. What is the Responsibility of the School District? • Interview the Victim and any witnesses • Punish the perpetrators. • Document, Document, Document • Provide Services to the victim if needed (counseling, additional adult support, change of placement)

  10. Concerns for Faculty Involvement with Students Via Technology • Sexting

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