Schools and Discipline: Harassment, Cyberbullying, and the Future by Rick Heidt, Consultant F.R.I.E.N.D. Bismarck, ND 701-527-4257 Power Point of this presentation: [website] www.ndcel.org Select: “State affiliates” Click on NDASSP Under “Headlines and Features”, click on: Harassment Presentation at NDASA & NDASSP Conferences Entire Web sites can be created in the privacy of a student bedroom and uploaded to the Web to bully, harass, and threaten fellow students, students in faraway schools, and school personnel anywhere. FROM: Bullying and Harassment: A Legal Guide for Educators by Kathleen Conn POSSIBLY CRIMES From: Willard, Center for Safe and Responsible Internet Use • Making threats of violence to people or their property. • Engaging in extortion or coercion (trying to force someone to do something they don’t want to do). • Making obscene or harassing telephone calls (this also includes text messaging). • Harassment or stalking. POSSIBLY CRIMES From: Willard, Center for Safe and Responsible Internet Use • Hate or bias-based crimes. • Creating or disseminating material considered ”harmful to minors” or child pornography. • Sexual exploitation. • Taking a photo image of someone in a place where privacy is expected. Harassment Is It Truly Harassment? What To Look For: • If someone simply disagrees with you, however strongly or unpleasantly, that is not harassment. • Someone who sends a single e-mail message that isn’t overtly threatening probably hasn’t harassed you. • Spam, while very annoying, is not harassment. • Messages posted to any open venue, such as a newsgroup, a web-based board, an AOL discussion forum or a chat room, are seldom truly harassing, unless they are forged to appear to come from you or contain direct threats or libelous statements. The same goes for things said on someone else’s website. • Harassment usually involves repeated communications via e-mail or some sort of instant messaging program after the harasser has clearly been told to go away. • Harassment consists of the intentional crossing of your emotional or physical safety boundaries. You must have boundaries set in place clearly in order for that to apply. From: Idaho State University Department of Public Safety Harassment • The legal definition of harassment, according to Black’s Law Dictionary is: • It can be further qualified as “any actions that meet the qualifications of the above definition after the harasser has been told to cease.” • Cyber-stalking is a specific kind of harassment. The Department of Justice defines Cyber-stalking as “the use of the Internet, e-mail, or other electronic communications devices to stalk another person. Stalking generally involves harassing or threatening behavior that an individual engages in repeatedly, such as following a person, appearing at a person’s home or place of business making harassing phone calls, leaving written messages or objects, or vandalizing a person’s property.” “A course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose; or words, gestures, and actions which tend to alarm and abuse (verbally) another person.” From: Idaho State University Department of Public Safety Why Take Action Against Bullying? [from Preventing Bullying in Schools, by Chris Lee, page 53] 1. It has an impact on learning. 2. It is enduring problem in schools. 3. Many bullies end up with a criminal conviction. 4. 5. 6. 7. Emotional scars from it can last a lifetime. Repeat victims can become suicidal. Bullies are eventually disliked by their peers. Parents do not know what to do and don’t do anything. 8. Most bullying occurs in schools. 9. Victims often will not report bullying. North Dakota Century Code § 12.1-17-07. Harassment by telephone is defined specifically, but not harassment in cyberspace, except the following “5. Any offense defined herein is deemed communicated in writing if it is transmitted electronically, by electronic mail, facsimile, or other similar means.” HB1465 – NDCEL, NDSBA, ND AG,NDEA Committee "Bullying" means: Conduct that occurs in a public school, on school district premises, in a district owned or leased schoolbus or school vehicle, or at any public school or school district sanctioned or sponsored activity or event and which: HB1465 – NDCEL, NDSBA, ND AG,NDEA Committee (1) Is so severe, pervasive, or objectively offensive that it substantially interferes with the student's educational opportunities; (2) Places the student in actual and reasonable fear of harm; (3) Places a student in actual and reasonable fear of damage to property of the student ; or (4) Substantially disrupts the orderly operation of the school: or HB1465 – NDCEL, NDSBA, ND AG,NDEA Committee A. Conduct that occurs in a public school, B. Conduct that is received by a student while the student is in a public school, on school district premises, in a district owned or leased schoolbus or school vehicle, or at any public school or school district sanctioned or sponsored activity or event and which: on school district premises, in a district owned or leased schoolbus or school vehicle, or at any public school or school district sanctioned or sponsored activity or event and which: Section 2: POLICY - HB1465 (1) Before July 1, 2012 each school district shall adopt a policy. (2) The policy must : a. Include a definition of bullying which includes, at a minimum, the definition as provided in section 1; b. Establish procedures for reporting and documenting alleged acts of bullying, reprisal or retaliation include procedures for anonymous reporting of such acts: c. Establish procedures , including timelines, for school district personnel to follow in investigating reports of alleged bullying, reprisal, or retaliation; Section 2: POLICY - HB1465 • It also provides for: - disciplinary measures - involvement of law enforcement, - protection of victims, - false accusations, - involvement of parents, school district employees, volunteers, students, school district administrators, law enforcement, domestic violence/sexual assault organizations and community representatives. • Student awareness, professional development, prevention programs and immunity are also addressed in the law. Minnesota School Board Bullying Policy According to Minnesota Statute 121A.0695 each school board shall adopt a written policy prohibiting intimidation and bullying of any student. The policy shall address intimidation and bullying in all forms including, but not limited to, electronic forms and forms involving Internet use…. Please contact the Minnesota School Boards Association with any questions regarding policy adoption and implementation http://www.mnmsba.org/public/main.cfm Cyberbullying Being cruel to others by sending or posting harmful material or engaging in other forms of social cruelty using the Internet or other digital technologies. http://csriu.org/cyberbully/docs/cbctpresentation.pdf CYBERBULLYING – What to do!! • STOP! Don't do anything. Take 5! to calm down. • Block! Block the cyberbully or limit all communications. • and Tell! Tell a trusted adult. FROM: http://www.stopcyberbullying.org CYBERBULLYING – What to do!! • Don’t respond. It gives him or her power over you. Who wants to empower a bully? • Don’t retaliate. Getting back at the bully turns you into one and reinforces the bully’s behavior. • Save the evidence. You need to do this even if it’s minor stuff, in case things escalate. • Talk to a trusted adult. You deserve backup. If you’re really nervous about saying something, see if there’s a way to report the incident anonymously at school. • Block the bully. Be civil. Treat people the way you want to be treated. • Don’t be a bully. • Be a friend, not a bystander. If you can’t stop the bully, at least try to help the victim and report the behavior. From: http://www.safeteens.com/tips-to-stop-cyberbullying/ CYBERBULLYING – What to do!! • If you wouldn’t say it to their face, don’t say it in cyberspace!! • Break the chain, stop the pain! • Tell someone! From: http://www.twistedscholar.com/ WHAT WORKS!!?! • Discuss real situations (roleplay!) • Explain social interaction between peers! • Define “real friendship”! • Help to understand social forces that affect bullying! • Teaching effective strategies to each other (peers)! Stan Davis – www.stopbullyingnow.com HELPING VICTIMS!!! • • • • • • • Be a good listener! Send a clear message! Provide counseling! Empower parents! Mobilize bystanders! Build self-esteem! Help students accept differences (diversity)! The Bully Free Classroom, by Allan L. Beane, PH.D. Texting Text messaging refers to the exchange of brief written messages between mobile and portable devices over cellular networks. From Wikipedia, the free encyclopedia Sexting Sexting is the act of sending sexually explicit messages or photographs, primarily between mobile phones. From Wikipedia, the free encyclopedia Examples of “Sexting” • One boy sent a photo of his genitals to several female classmates via his cell phone. • a group of girls sent seminude pictures of themselves to a group of boys. • A 17-year old girl was accused of using her cell phone to tape her friend having sex and then sending it out via her cell for other friends to see. What to know about “sexting”!!! • Never assume what you post will remain private! • Nothing ever goes away in cyberspace! • Resist peer pressure to engage in sexting! • What will the recipient think! • You’re not anonymous on the Web! • Keep yourself + your reputation – safe! • Report any nude photos you receive. • Forward images, just as guilty as the sender! • Think about the consequences! FROM: http://www.teendrugabuse.org/ Sexting Legality It is illegal for anyone, with lascivious intent, to knowingly encourage, cause, coerce, solicit, or entice a person under 18 years of age – male or female – to pose or be shown in a state of nudity (or seminudity) for the purpose of photographing them. [Massachusetts Law] Sexting Consequences • Child pornography laws (Felony charges): 1. 2. 3. 4. Posing nude Possessing nude photos Disseminating nude photos to a minor Dissemination of photos of a minor Sexting Consequences • It cannot be taken back!!! 1.Sex offender registration 2.Future employment 3.School suspension/expulsion 4.Humiliation/embarrassment/emotional stress CYBERSPACE • Cyberbullying • Texting • Sexting • Facebook • MySpace • Formspring.me Facebook Facebook is a social networking website launched in February 2004 and operated and privately owned by Facebook, Inc. Users can add people as friends and send them messages, and update their personal profiles to notify friends about themselves. Additionally, users can join networks organized by workplace, school, or college. MySpace MySpace is a social networking website. MySpace became the most popular social networking site in the United States in June 2006. MySpace was overtaken internationally by its main competitor, Facebook, in April 2008 Formspring.me • Users can opt either to allow or deny anonymous questions, the default being to allow them; given this fact, the service is open to abuse. • The site, which links to Facebook and Twitter, became popular in early 2010. Formspring.me • A recent front page New York Times story called it “the online version of the bathroom wall in school, the place to scrawl raw, anonymous gossip.” • Some experts warn that all questions and answers are indexed and can be Googled in the future by prospective employers. DIGITAL DRUGS?!? School officials in Mustang, Okla., were not familiar with I-Dosing when several students experienced hallucinations and other physiological symptoms that can result from the so-called digital drugs. Quick research by administrators and health staff revealed a relatively new fad in which youngsters download binaural beats into digital audio devices producing mood swings from euphoria to sedation. The practice received brief national attention several years ago but has quietly continued under the radar of most educators and parents. THE “ L A W ” • • • • CYBERSPACE + “POSSIBLE CRIMES” ND CENTURY CODE The First Amendment Rights of Students!!! Recent SUPREME COURT Action! AND… • THE FUTURE ! ? ! ? POSSIBLY CRIMES From: Willard, Center for Safe and Responsible Internet Use • Making threats of violence to people or their property. • Engaging in extortion or coercion (trying to force someone to do something they don’t want to do). • Making obscene or harassing telephone calls (this also includes text messaging). • Harassment or stalking. POSSIBLY CRIMES From: Willard, Center for Safe and Responsible Internet Use • Hate or bias-based crimes. • Creating or disseminating material considered ”harmful to minors” or child pornography. • Sexual exploitation. • Taking a photo image of someone in a place where privacy is expected. The First Amendment Tinker v. Des Moines, (1969) → Students “do not shed their constitutional rights to freedom of speech and expression at the schoolhouse gate.” To protest the Vietnam War, 13-year-old Mary Beth Tinker and her brother wore black armbands to classes at their junior high school in Des Moines, Iowa. Concerned that wearing the armbands might disrupt the learning environment, the administration prohibited wearing them. The Tinkers were removed from school when they failed to comply. However, the Supreme Court ruled that their actions were protected by the First Amendment. The First Amendment 1986 The U.S. Supreme Court case Bethel School District v. Fraser curtailed the protections established in the Tinker case. Bethel School District in Spanaway, Wash., suspended 17-year-old Matthew Fraser, an honors student, for two days after what was considered a lewd spring election campaign speech at a school assembly with 600 students present. His candidate won. However, the courts held that the manner of speech, delivered before a captive audience, rather than the content, was disruptive and contrary to the values the school intended to promote. The First Amendment Hazelwood School District v. Kuhlmeier(1988) Administrators may edit the content of school newspapers. The principal of Hazelwood East High School deleted prior to publication two articles in the school paper The Spectrum that he deemed inappropriate. One article concerned teen pregnancy and the other was about divorce. Both used examples and quotes from anonymous students who attended the school. The student authors argued that the principal violated their First Amendment right to freedom of speech. The Supreme Court disagreed stating that administrators can edit materials that reflect on school values when published in a school-sponsored forum. Justices Teaching Institute • Sponsored by the North Dakota Supreme Court, with the financial support of the North Dakota Center for Distance Education. • Facilitated by the Supreme Court Justices. The fUTURE ? Change…awareness…policy…handbooks…etc… etc… etc… etc… RESOURCES • Useful books + websites [handout] Other resources will be posted on the NDCEL website after the summer conference!!