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!!