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Bullying and cyberbullying nnnc 2013

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Bullying & Cyberbullying: What Educators Need to Know Karen Haase Harding & Shultz (402) 434-3000 [email protected] H & S School Law @KarenHaase
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Page 1: Bullying and cyberbullying nnnc 2013

Bullying & Cyberbullying: What Educators Need to Know

Karen HaaseHarding & Shultz

(402) [email protected]

H & S School Law

@KarenHaase

Page 2: Bullying and cyberbullying nnnc 2013
Page 3: Bullying and cyberbullying nnnc 2013

Bullying?“any ongoing pattern of physical, verbal, or electronic abuse on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school purpose

by a school employee or his or her designee, or at school-sponsored

activities or school-sponsored athletic events.”

Page 4: Bullying and cyberbullying nnnc 2013

Cyberbullying?Cyberbullying, v: the use of technology

such as computers and cell phones to engage in repeated, and hostile behavior

by an individual or group, that is intended to harm others.

The term "cyberbullying" is used when the victim or bully is a child or teen. The term cyber harassment is used when the

victim is an adult.

Page 5: Bullying and cyberbullying nnnc 2013

Is This Really a Problem? 1 in 4 kids admit to being cyberbullied 65% of kids know someone being

cyberbullied 22% of teens have been cyber pranked 29% of teens admit that they have posted

mean info about someone else 24% of teens have had private or

embarrassing information revealed against their will

Page 6: Bullying and cyberbullying nnnc 2013

Is This Really a Problem? 86% of teenagers have been stalked by a

stranger on their Facebook account. 55% of teens admit they’ve given

personal information to someone they do not know 30% of teens have arranged to meet in

person someone they met on social media

Page 7: Bullying and cyberbullying nnnc 2013

Isn’t this a Parent Issue? 47% of parents admit that they “do

little or nothing” to monitor online 67% of teenagers say they know how to

hide what they do online from parents. 43% of teens say they would change

their online behavior if they knew that their parents were watching them. 39% of teens think their online activity

is private from everyone

Page 8: Bullying and cyberbullying nnnc 2013

Bullying Litigation

Page 9: Bullying and cyberbullying nnnc 2013

Patterson v. Hudson Area Sch. Dist. (6th Cir. 2010)

Student viewed by peers as gay Middle school: name calling and

verbal harassment. high school:

• pushed into lockers • “a naked student rubbing against

him” in a locker room.

Page 10: Bullying and cyberbullying nnnc 2013

Patterson v. Hudson Area Sch. Dist. (6th Cir. 2010)

School had anti-bullying policyOn some occasions bullies reported

and punished; other times teachers ignoredOne teacher: “How does it feel to be

hit by a girl?” Jury awarded $800,000

Page 11: Bullying and cyberbullying nnnc 2013

Phillips v. Robertson County Bd. (Tenn. Ct. App. 2012)

Student with Asperger syndrome • Private counselor sent letter • Parent constantly reporting bullying

and asking for help• School developed system for kid

• Preferential seating• Card system to signal when feeling

bullied or stressed

Page 12: Bullying and cyberbullying nnnc 2013

Phillips v. Robertson County Bd. (Tenn. Ct. App. 2012)

Teacher left student classroom unsupervised• Student struck in the eye by bully• Sustained permanent damage

Teacher testified• Didn’t know about disability• Didn’t know about accommodations

Court ordered $300,000 judgment

Page 13: Bullying and cyberbullying nnnc 2013

Estate of Lance v. Kyer(Texas 2010)

9 year old boy with disabilities hanged himself in school restroom after being bullied Parents sued claiming disability

discrimination Court: district personnel had a

consistent policy of ignoring bullying against all students, so no discrimination

Page 14: Bullying and cyberbullying nnnc 2013

Kendall v. West Haven Dep’t. of Ed.(Conn. 2000)

Elementary special ed student injured by another student• Parents called and reported prior

incidents to assistant principal• Assistant principal said she would take

care of it• Assistant principal then called out of

building

Page 15: Bullying and cyberbullying nnnc 2013

Kendall v. West Haven Dep’t. of Ed.(Conn. 2000)

The student seriously injured when the bully attacked him in the school cafeteria. Court awarded $67,000 in damages Found the assistant principal

personally liable

Page 16: Bullying and cyberbullying nnnc 2013

G.M v. Dryceek Joint Elem. Sch. (Cal. 2012)

Student bullied 5 times in 6 months• After first incident teacher said she’d

watch the situation• After similar incident teacher and

counselor met with bullies• Assistant principal met with bullies• Bully punched victim in face and

received 5-day suspension

Page 17: Bullying and cyberbullying nnnc 2013

G.M v. Dryceek Joint Elem. Sch. (Cal. 2012)

Court: school officials took action aimed at stopping the harassment each time Deliberate indifference requires that

district know of harm and failed to act

Page 18: Bullying and cyberbullying nnnc 2013

Los Angeles Unif. Sch. Dist., (2006)

SpEd Student bullied and cyberbullied

Teacher knew of on-line comments; did nothing, posted on one page

OCR: “…the teacher's actions and inactions created a hostile environment for the Student based on disability.”

Page 19: Bullying and cyberbullying nnnc 2013

J.C. v. Beverly Hills Unif. S. D. (2010 Cal.)

8th grade girls talking smack about a peer; uploaded to YouTube

Principal suspended student who uploaded

Dad was an entertainment industry lawyer; sued district claiming First Amendment protection

Page 20: Bullying and cyberbullying nnnc 2013

Court: The good intentions of the school notwithstanding, it cannot discipline a student for speech, “simply because young persons are unpredictable or immature, or because, in general, teenagers are emotionally fragile and may often fight over hurtful comments.”

$107,150.80 in attorneys fees

J.C. v. Beverly Hills Unif. S. D. (2010 Cal.)

Page 21: Bullying and cyberbullying nnnc 2013

Dad: • Hopes his daughter learns a lesson

about the limits on governmental intrusion.

• “The school doesn’t have that kind of power. It’s up to the parents to discipline their child.”

• Chastised daughter: “That wasn’t a nice thing to do.”

J.C. v. Beverly Hills Unif. S. D. (2010 Cal.)

Page 22: Bullying and cyberbullying nnnc 2013

Fairfield-Suisun Unif Sch Dist(Cal. Dep’t Ed. 2012)

Student threatened to torture and kill peer School expelled Staff had expressed concerns over

student’s disturbing behavior before ALJ concluded that the district

should have conducted an MD review prior to expelling him

Page 23: Bullying and cyberbullying nnnc 2013

Rose Tree Media Sch. Dist. (PA 2010)

Middle school student found not eligible for SpEd; parent filed DP Parents complained

• peers posting insults Facebook• peers regularly taunted at school• Peers pushed and splashed water on

him

Page 24: Bullying and cyberbullying nnnc 2013

Rose Tree Media Sch. Dist. (PA 2010)

School• Investigated incidents• Student extremely sensitive and

misinterpreted normal interactions• found him ineligible for an IEP

H.O: school should have considered• disability made student a target• emotional difficulties caused

misinterpretation of others' actions

Page 25: Bullying and cyberbullying nnnc 2013
Page 26: Bullying and cyberbullying nnnc 2013

Cyber/bullying Responses Keep “Responding and Reporting”

separate in your mind (and your staff’s mind)

Focus on Small Stuff DOCUMENT, DOCUMENT,

DOCUMENT Look for nexus Don’t make promises you can’t keep

Page 27: Bullying and cyberbullying nnnc 2013

Helping Kids Deal; Tell them to:

Stop. Don’t respond to the bully.

Block. Block the cyberbully or limit all communications to those you can trust.

Tell. Tell a trusted adult.

Page 28: Bullying and cyberbullying nnnc 2013

Does Victim Need Interventions?

Interventions• Social skill training• Hygiene training with, sped

teacher, counselor or other staff • Peer mentor Be ready for a 504 or SpEd

request

Page 29: Bullying and cyberbullying nnnc 2013
Page 30: Bullying and cyberbullying nnnc 2013

Bullying & Cyberbullying: What Educators Need to Know

Karen HaaseHarding & Shultz

(402) [email protected]

H & S School Law

@KarenHaase


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