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Tánaiste PDST

Tánaiste PDST. March 30 th Portlaoise David Ruddy BL. Cyber Bullying & the Law. NAPD Survey. 1000 post primary pupils & parents surveyed 10% admitted to bullying online 16% Claimed to be victims 64% parents under 35 monitored 40% parents over 45 monitored.

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Tánaiste PDST

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  1. Tánaiste PDST March 30th Portlaoise David Ruddy BL

  2. Cyber Bullying & the Law

  3. NAPD Survey • 1000 post primary pupils & parents surveyed • 10% admitted to bullying online • 16% Claimed to be victims • 64% parents under 35 monitored • 40% parents over 45 monitored

  4. Social Media usage per day • Whats APP 30 Billion • Snapchat 750 Million • Face Book 350 Million • Instagram 90 Million

  5. Social Media • 93% of recruiters will check you out online • 79% have hired via Linkedin • 26% via Facebook • 80% of 12-15 year olds have a social networking profile

  6. Code of Behaviour • Education (Welfare) Act 2000 Section 23 • Each school is required to prepare and make available a code of behaviour for its students • Guidelines for developing a Code of Behaviour (NEWB) 2008

  7. DES Circular 45/2013 • Anti-bullying Procedures for Primary and Post Primary Schools • Full compliance with procedures-new policy by Easter 2014 • Published • Cyber-bullying ,homophobic, racist

  8. What is Bullying? Circular (0045/2013) • “unwanted negative behaviour , verbal,psychological or physical, conducted by an individual or group against another person(or persons) and which is repeated over time”

  9. Types of Bullying-Non Exhaustive • Deliberate exclusion • Cyber bullying • Identity based bullying • Intimidation • Physical Aggression • Damage to property

  10. Reporting • Standardised Reporting Template • When ? Serious incident /Bullying behaviour not appropriately addressed • Once a term to BOM • BOM annual review • DES/Patron

  11. Ryan Collins v Abbey CBS Armagh(County Court) 2014 • Negligence action • Allegations concerning bullying by other pupils • School appeared to operate no blame policy • Poor record keeping/use of sanctions • Many investigations • Boy left school

  12. Cyber Bullying • Criminal Law Non Fatal Offences Against the person Act (1997) • Assault • Harassment • Threats to kill or cause serious injury • Civil Law • Defamation

  13. Cyber Bullying • Inappropriate or hurtful messages through text, social network sites, mail, instant messaging, apps, gaming sites, chat rooms etc, which, as it does not require face to face contact, can occur at any time (day or night),and can facilitate other forms of bullying, e.g. homophobic bullying

  14. What About a Single Incident ? • Once-off hurtful/offensive public message, image,or statement on social network site or other public forum where it can be viewed and/or repeated by others is regarded as bullying behaviour.

  15. Coláiste Chiaran, Croom.Co Limerick • 28 pupils liked a derogatory Facebook post regarding personal life of a teacher Outcome ?

  16. Non- Fatal Offences Against the Person Act 1997 • Section 10 • (1) Use of telephone to harass another by persistently following, watching, pestering, besetting or communicating with him/her shall be guilty of an offence.

  17. Examples of Harmful Internet Communications • In 2013 case a man was convicted under section (10) of bullying by sending 500 offensive,threatening,explicit, text messages to a teenage boy • Irish Independent 22 January 2013

  18. Post Office (Amendment)Act 1951 • Amended by the Communications Regulation (Amendment Act)2007 Offence to send by phone or text • Any message that is grossly offensive, indecent, obscene, or menacing • (Should be amended to include social media& online communications)

  19. Remedies • Takedown Notice (SI 68/2003) • Norwich Pharmacal order –disclosure of IP address of unknown persons • Defamation

  20. Enforcement of Data Protection 1988 act amended in 2003 in line with EU Directive 95/46/EC Injunction Data ProtectionDisclosure of personal data

  21. Harmful & Malicious Electronic Communications Bill 2015

  22. Protecting Your School • (1) Regulate the use of social media by introducing an Acceptable Use Policy(AUP) • (2)Robust Anti Bullying Policy • (3)Education Programme • (4)Take action where policies breached

  23. The Importance of Managing Staff Issues Follow the policy blindly & do not deviate from it Develop a mindset that isn't personal Its business and part of the role of a school leader Importance of competent advice Schools that don’t manage get into trouble 23

  24. Admissions to Schools

  25. Admissions to School • New Bill 2016 • Education Act (s.15) 1998 • Education Welfare (s.19)Act 2000 • Case Law

  26. Education Welfare Act S(19) 2000 • (1) Refusal must be in accordance with Admission Policy • (2)School entitled to be supplied with relevant information. • (3) BOM communicates decision within 21 days.

  27. Refusing in most exceptional cases ?????? • The student has special needs such that the school cannot meet such needs and cannot provide an appropriate education. • Student poses unacceptable risk to other students/staff/school property

  28. Westmeath VEC v DES& ORS (High Court) 2009 • School refuses enrolment for a “transfer” application • Right of Appeal Committee to overturn/rewrite school admission policy?

  29. Mr & Mrs x v A Boy’s NS(Equality Tribunal ) 2009 • Boys school & Co Educ autistic unit. • School refuses to enrol non autistic girl

  30. Lucan Educate Together V DES & Section 29 Appeals Comm • High Court (2009) • Dispute over interpretation of assessment reports

  31. ADMISSIONS TO SCHOOL BILL 2016 • Restrictive policies giving preferential treatment to pupils of parents who attended the school abolished ???????(STOKES case) • Waiting lists & upfront voluntary contributions prohibited • 2 or more schools can be directed to operate common policy

  32. When can schools refuse admission ? • School full • Equal status exemptions • Parents refuse to sign acceptance of code of behaviour • Gardaí or Child and Family Agency write to school and give an opinion that admission of student detrimental to H&S

  33. Who is responsible for admissions? • The principal • Parents can appeal refusal of principal to BOM • BOM decision final, but parents can appeal to National Council for Special Education(NCSE).Child and Family Agency (EWO) • Both agencies can designate a school

  34. Removal of BOM Powers • By ETB • By Minister • Appointment of independent person to implement admission process

  35. Final appeals • Bom can appeal a designation • Parents who are refused admission for pupil may appeal • New appeal body to be created by Minister

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