I found it really interesting when I read this page:
http://www.stopcyberbullying.org/prevention/schools_role.html
Schools have been sued (and have lost these suits) based on disciplinary action taken regarding cyberbullying that has taken place off campus. The website recommends reserving the right to discipline cyberbullies in your school's AUP. This seems like a really good idea...if one of my students comes to me as a victim of cyberbullying and is seeking my help, I don't want to feel like I can't legally do anything about it. Even though state laws and policies exist against cyberbullying (see http://www.stopbullying.gov/laws/virginia.html for info on Virginia's laws), it's strange that schools can get in trouble for this.
I also took issue with how few groups are identified in the Virginia state law:
Race
Gender
Religion
Physical abilities
To me, this is a grossly incomplete list of factors that can lead to cyberbullying. Thoughts?
That is really ironic how "schools" can get in trouble for discipline cyberbullying off campus. It does not make sense to me. I would argue here (given the little background I possess on the facts), that these lawsuits were probably not well-founded.
ReplyDeleteI agree with you. That list is really short! I imagine if we try, we could come up with an extensive list.
If schools can't take action, then WHO is responsible? At the school where I taught (in WV), a student publish a "hit" list of other students online. A teacher reported this to the principal and the police were called in. Even though the student was a minor, he was arrested and consequently expelled from school.
ReplyDeleteThe "WHO" seems to be the question. It is contradictory for some schools to get sued while others are able to take action. Would you mind sharing the name of that WV school? I want to Google it to get some more details.
ReplyDeleteIt was Liberty High School in Glen Daniel, WV. The incident happened several years ago, so I'm not sure just how much information would be available.
ReplyDeleteThe last sentence "We recommend that a provision is added to the school's acceptable use policy reserving the right to discipline the student for actions taken off-campus." Does it really depend on the school's acceptable use policy when it comes to cyber regulation? If so, the school can easily add the term to its policy.
ReplyDeleteThe idea is to make acceptable use of technology a kind of contract between the school and the student (and parents, too). It is relatively easy to then enforce acceptable behavior in use of technology accessed at school, or class websites or other school websites (think Edmodo, e.g.) when accessed from home.
DeleteBully someone on Edmodo, and you get in trouble in part because you are in violation of the contract you signed at the start of the year, in which you promised to abide by a set of acceptable use policies.
In part, what is sought with contracts is a way to forestall claims by students of "what I did was ok, because I have a first amendment right to have my opinion about x, and to freely express it."
This sort of claim can be made by a student - perhaps - if the claim was made off school property, using Facebook (not the school Edmodo site) or a private blog website. But even then, it may not hold up to legal scrutiny.
It would depend on a great many factors, beginning with precisely what was said, its perceived intent, and the context in which it was said (isolated comment; series of comments; definite campaign of comments, perhaps through different media such as blog, text message, Facebook, etc.).
Most of the time, the nature of cyberbullying is clear as evidencing personal animosity, apparently, so first amendment rights theoretically should not constitute a reasonable or valid defense.
But with the legal system, one never knows what will crop up.
its often a violation of the AUP of internet service providers and social networking sites to cyber bully, so i would encourage victims of cyber bullying to contact those entities as well. Cyberbullyies can be punished for violating those AUPs in the event that school discipline is ineffective.
ReplyDelete