Cyber-Bullying and Online Harassment

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Cyber-Bullying and Online
Harassment: Awareness and Best
Practices for Prevention
By
Edward J. Lazaros, Ph.D.
Department of Technology
Ball State University
Muncie, IN 47306
Phone: 765-285-5647
Fax: 765-285-2162
E-mail: ejlazaros@bsu.edu
Awareness
• School bullying has typically
occurred when one
individual is in a position of
power over another
because of a difference in
physical strength or stature.
• Unlike face-to-face bullying,
cyber-bullying can be
perpetrated by anyone.
bp3.blogger.com
Awareness
• As Beckerman & Nocero
(2003) report “anonymity
is a factor in why this
form of harassment is
growing. Sitting behind a
computer working the
keyboard gives students a
sense of power and
control they do not have
in a face-to-face
situation” (p. 39).
blogs.edweek.org
Awareness
• Cyber-bullying and online harassment are often confused.
Smith, Mahdavi, Carvalho, Fisher, Russell, and Tippett
(2008) define cyber-bullying as “an aggressive, intentional
act carried out by a group or individual, using electronic
forms of contract, repeatedly and over time against a victim
who cannot easily defend him or herself” (p. 376).
• According to Wolak, Mitchell, and Finkelhor (2007), “we do
not recommend using the term “bullying” to describe all
online interpersonal offenses, because they vary so widely
in their characteristics. We suggest using “online
harassment,” with disclaimers that it does not constitute
bullying unless it is part of or related to offline bullying” (p.
57).
Complexity of the Problem
• Because students are
using technology, it is
often difficult to monitor
and prevent these
incidents. Often, it is
difficult to investigate
these incidents.
• Authorities often have
difficulty identifying who
is causing the bullying or
harassment.
www.piquaoh.org
Complexity of the Problem
• In 2006, Megan Meier started talking to a boy
named Josh Evans on MySpace. He claimed to be a
16-year-old boy who lived nearby and was home
schooled.
• "Megan gets an e-mail, or a message from Josh on
her MySpace on Oct. 15, 2006, saying, 'I don't know
if I want to be friends with you any longer because I
hear you're not nice to your friends,'“ He also
posted lies about her online.
• Josh never existed. It was 49 year old Lori Drew
who was the mother of one of Megan’s former
friends.
Complexity of the Problem
• Keith and Martin (2004) describe why
technology purchased to keep children
safe may become cyber-bullying or
harassment instruments:
In the past several years, parents have
provided cell phones for their children in
order to keep track of them and to keep
them safe. The same cell phones that
make parents feel more connected to their
children have become tools of harassment.
And the newest forms of cell phones
include the ability to send text messages,
pictures, and even live video. In the hands
of bored teenagers, these additions can
become weapons for bullies to spread
rumors as well as pictures of unsuspecting
kids in locker rooms (p. 225).
Complexity of the Problem
• It is often not easy for a school administrator to determine
the perpetrator. As Beckerman & Nocero (2003) report, “it
changes with each transfer, much like the elementary
school game of “telephone” – the end message never
matches the original. And, because the original was
generated to create anger and frustration, the problem is
magnified” (p. 39).
• As Beckerman & Nocero report “just when you think you
have located the culprit, you find out that the screen name
and password have been shared with others or the original
screen name has been subtly modified to create confusion.
For example, John234 becomes J0hn234” (p. 39).
First Amendment Protection
• Prior to school administrators intervening and using nonlegal solutions or the resorting to the law to deal with
cyber-bullying or online harassment, consideration must
first be given to the First Amendment rights of the student
perpetrator.
• The U.S. Constitution Bill of Rights 1st Amendment does
offer protection. According to Madison (1791), “Congress
shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof; or abridging the
freedom of speech, or of the press; or the right of the
people peaceably to assemble, and to petition the
Government for a redress of grievances” (p. 1).
First Amendment Protection
• A landmark First Amendment case pertaining to free speech in
school was Tinker v. Des Moines.
• In Tinker v. Des Moines (1969), John Tinker and his siblings wore
black armbands to their Des Moines school to protest the Vietnam
War.
• The principals of the school suspended the children because they
felt the armbands would provoke disturbances.
• This case was brought before the United States Supreme Court
voted seven to two in favor of Tinker, based on the First
Amendment to the United States Constitution dealing with free
speech, press, and assembly.
• The principals did not provide evidence to show that wearing the
armbands would substantially interfere with appropriate school
discipline.
First Amendment Protection
• School officials should try to apply the Tinker
principle in every situation. They should try to
determine if the situation substantially
interferes with appropriate school discipline.
Failing to do so could be costly for the school.
First Amendment Protection
• In Dwyer v. Oceanport School District (2005), The
United States District Court of New Jersey found that
the Oceanport School District in New Jersey had to
pay an 8th grade student Ryan Dwyer a $117,500
settlement in 2005 because they violated the First
Amendment rights when he was suspended from
school in 2003 for a website that he created.
www.oceanport.k12.nj.us
First Amendment Protection
• The website criticized the Maple Place school in Oceanport,
New Jersey. The website criticized individual teachers and
the school principal as well as a derogatory picture of the
school principal. Interestingly, the website made various
references to First Amendment rights, including: “This page
protected by the U.S. Constitution”, and “Don’t even try to
make me take my website down because it is illegal to do
so”. He created the website at his house and outside of
school hours. The court found that Ryan did not publish
any material which could reasonably be expected to cause
a material and substantial disruption to the operation of
the school. Because of this, he could not be disciplined
without violating his First Amendment rights to free
speech.
First Amendment Protection
• Threats of violence are not protected by the First
Amendment, so school administrators should also
determine if there is violence associated with the
cyber-bullying situation.
• In Watts v. United States (1969), the Supreme Court
said that threats of violence are not protected by the
First Amendment.
• When a student is involved with a cyber-bullying or
online harassment incident that substantially interferes
with appropriate school discipline and violence is
prevalent, the school will most likely be able to punish
the student for his/her actions.
First Amendment Protection
• In J.S. ex rel H.S. v. Bethlehem Area School
District (2002), a student created a web site
which had an image of a teacher’s face that
changed to resemble Adolf Hitler. The same
teacher was depicted with a decapitated head
with dripping blood.
• The web site requested donations of $20.00
so that a hit man could be hired to kill the
teacher.
• The Supreme Court in Pennsylvania decided
that although the web site was not created at
school, the site was aimed at a specific school
and it’s personnel and did cause a material
disruption when using the Tinker (1969)
standard so the student could be punished for
the web site.
www.wallpaperez.info
Best Practices for Cyber Bullying
• Hummell (2007) recommends schools develop
acceptable use policies (AUPs).
• McKinney (n.d.) also emphasizes the importance of an
acceptable use policy, “an acceptable use policy will
assist staff, students and their parents know and
comply with appropriate boundaries” (p. 90).
• According to McKinney (n.d.), “disciplinary measures
for violating the acceptable use policy or otherwise
misusing or abusing the Internet should be listed in the
policy and the student handbook” (p. 91).
Best Practices for Cyber Bullying
• Keith and Martin (2004, p.227) recommend the following Tips for
children:
• Never share or give out personal information, PIN numbers, phone
numbers, etc.
• Tell a trusted adult.
• Do not read messages by cyber bullies.
• Do not delete messages; they can be used to take action.
• Bullying through instant messaging and chat rooms can often be blocked.
• Do not open a message from someone you don’t know.
• Do not reply to the person bullying or harassing you.
Best Practices for Cyber Bullying
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Keith and Martin (2004, p.227) recommend the following Tips for parents:
Pay attention! Know how and when your children are using the Internet.
Become more tech savvy.
Install blocking or filtering software.
Encourage your child to talk to you if they are being bullied.
Limit your child’s time using the Internet.
Develop a family online agreement
Best Practices for Cyber Bullying
• Keith and Martin (2004, p.227) recommend the following Tips for schools:
• Develop school policies for acceptable Internet and cell phone use.
Enforce them.
• Zero tolerance for bullying in any form.
• Ensure that children and young people are aware that all bullying concerns
will be dealt with sensitively and effectively.
• Ensure that parents / guardians expressing bullying concerns have them
taken seriously.
Closing Recommendation!
• Do what you do best as technology teachers!
Educate students about cyber-bullying and
online harassment. This is one way to make
positive inroads to curb these problems in the
educational setting.
Works Cited
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Beckerman, L., & Nocero, J. (2003). High-tech student hate mail.
Education Digest, 68(6), 37-40.
Dwyer v. Oceanport School District No. 03-6005 (2005).
Hummel, L. (2007). Cyber-bullying: what is it and how to prevent it.
Delta Kappa Gamma Bulletin, 73(3), 26-27.
In J.S. ex rel H.S. v. Bethlehem Area School District., 569 A.2d 639 (2002).
Keith, S. & Martin, M. (2004). Cyber-bullyng: Creating a culture of
respect in a cyber world. Reclaiming Children & Youth,
13(4), 224-228.
Madison, J. (1791). United States
bill of rights. Philadelphia.
McKinney, J. (n.d.). The legal handbook for Indiana school
administrators: Educators.cc.
Smith, P., Mahdavi, J., Carvalho, D., Fisher, S., Russell, S., &
Tippett, N. (2008). Cyberbullying: its nature and impact in
secondary school pupils. Journal of Child Psychology and
Psychiatry, 49(4), 376-385.
Tinker v. DesMoines School Dist., 393 U.S. 503 (1969).
Watts v. United States, 394 U.S. 705 (1969).
Wolak, J., Mitchell, K., & Finkelhor, D. (2007). Does online harassment
constitute bullying? An exploration of online harassment by known
peers and online-only contacts. Journal of Adolescent Health,
46(6), 51-58.
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