Charles P.E. Leitch, J.D.Copyright © 2010 Patterson Buchanan Fobes Leitch & Kalzer, Inc., P.S.
PITFALLS &PROMISES OFSOCIAL MEDIAIN EDUCATION
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RCW 28A.300.285 Definition of HIB:
(a) Physically harms student or property;(b) substantial interference with student's
education;(c) Is so severe, persistent, or pervasive that
creates intimidating or threateningeducational environment;
(d) Has the effect of substantially disruptingorderly operation of school
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NEW CHALLENGES WITHTECHNOLOGY (&CYBERBULLYING)
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TEASING“FUN”
vs.
BULLYING“MEAN”
Where’s the Line?What’s the Difference?
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A Changing Landscape…
• Social Networking Communities -– Facebook, LinkedIn, Ning
• Twitter - microblogging at 140 characters• Blogs - online comment posting• Wikis - interactive webpage where
everyone can post content– Wikipedia
• Others - Google Wave or Docs, YouTube
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•79% of adults useinternet
•90% adults 18-29•93% Teens 12-17
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Access to Inappropriate Content…
• 25 million sites are pornographic (12%)• 2.6 billion emails per day• 25% of all search requests (Over 68
million a day)• 35% of all downloads• 34% of internet users experience
unwanted exposure• 11 years of age first exposure
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SOCIAL MEDIAIS BIGGER
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The Revolution Grows…
• 1 in 5 couples married last year met viasocial media
• YOUTUBE – Over 2 billion videos vieweda day
• FACEBOOK – over 100 million imagesuploaded a day
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The FACEBOOK Revolution Grows…• Approaching 700 Million users• “facebook” most searched term in 2010• 1 out of every 13 people on Earth on it• 48% of 18-34 yoa users check page
before getting out of bed
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You can be whoever you want to be
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Over 4 BILLIONcell phones in theworld
•Over 1 Billion areSMARTPHONES•Over 3.05 BillionSMS enabled
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How are cell phones used?
•76% Take a Picture•72% Send or Receive Text Messages•54% Send a Photo or Video•34% Play a Game•34% Send or Receive Email•38% Access the internet•33% Play Music•30% Send or Receive I/M•34% Record a video•23% Access a Social Networking Site•20% Watch a Video•15% Posted a Photo or Video Online•11% Purchased a Product•11% Make a Charitable Donation•10% Access Status Update Service*
Pew Mobile Access 2010
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Some CONTEXT:• American teens (13-17) send
or receive 3,339 texts amonth
• Teen females, send andreceive an average of 4,050texts per month
The Nielsen Company, 2010.
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Cyberbullying means lots of things…
• Posting mean things• Pretending to be someone• Telling everyone to ignore someone• Sharing personal stuff or tricking
someone into sharing• Sending mean things over and over
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It could be CRIMINAL…
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RCW 9.61.260 - Cyberstalking
• Harass, intimidate, torment, embarrassvia electronic communication:
– lewd, indecent, or obscene words,images or acts
– Anonymously or repeatedly
– Threatening injury on person or property
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• COPPA- Children’s Online PrivacyProtection Act (2000)– Applies to the online collection of personal
information for children under 13– Operators directed at children must provide
notice of intent to collect information
• CIPA- Children’s Internet Protection Act(2000)– Requires schools to use internet filters that
protect against access to obscene material andmonitor internet use by minors
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Broadband Data Improvement Act (2008)• Covers E-Rate grants for connectivity:
– Certification that schools are:• Educating Minors about appropriate online
behavior• Interaction on social networking sites and
chatrooms• Cyberbullying awareness and response
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CDA- Communications Decency Act: 47U.S.C. Sec. 230– Website publishers and users may be insulated
from certain claims related to User GeneratedContent where created by third-party
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Stored Communications Act
• Makes it an offense to intentionally accesswithout authorization a facility throughwhich an electronic communication serviceis provided and thereby obtain access to awire or electronic communication while it isin electronic storage in such system.– 18 U.S.C. § 2701(a)(1).
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First Amendment• No law respecting establishment of
religion or prohibiting free exercise thereof;• Or abridging the freedom of speech or of
the press;• Or the right peaceably to assemble, and to
petition the Government for a redress ofgrievances
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1st Amendment authority unsettled
Tinker v. Des Moines Ind. S.D. (1969)• Speech can be restricted if “substantially
interferes” with educ. environment or rightsof others
Bethel School Dist. v. Fraser (1986)• Offensive speech on school grounds can be
prohibited if infringes on rights of others orinconsistent with school’s values
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Off-campus conduct sole basis fordiscipline?• Document “substantial disruption” or
speech “substantially interfering” witheduc. environment or rights of others
• Beware concept is a moving target– Some exceptions (Threats)
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Fourth Amendment• The right to be secure against
unreasonable searches and seizures• Searches upon probable cause• Particularly describing the place to be
searched, and the persons or things to beseized
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4th Amendment Issues
New Jersey v. T.L.O. (1985)• School officials only need
“reasonable suspicion” of violationof school policy or law to search
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• Seeing something in plain view not asearch
• School: reasonable suspicion• Reasonable at inception AND in scope
Search and seizure
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• Courts yet to address hownotions apply to electronicdevices
Evolving Gray Area…
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4th Amendment & Searching Phone• When is search justified? (DEPENDS)• Can you obtain consent? (YES)• Hold for law enforcement? (MAYBE)• Can School Policy play a role? (YES)
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REGULATING SOCIAL MEDIAWILL NEVER BE SIMPLE
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On internet everything travels
FAST and FAR
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Viewed over 900 milliontimes
INTENDED TO BEPRIVATE
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Sexting
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Sexting should be a focus
• Multi-dimensional issue– Can be considered child pornography– Often a tool for cyberbullying– Courtship issues
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How often to teens send or receivesexually explicit materials?
18% had someone send themnaked pictures or videos ofthemselves
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Washington Child Pornography Laws
• Apply to minors• If convicted many
laws requireregistration as sexoffender
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Criminal Prosecutions in Washington• The Case of A.V.
• A.V., 16 years old, took nude pictures of hisgirlfriend
• They broke up• A.V. took the pictures to school and showed them
to some of his school mates• Convicted of dealing in depictions of a minor
engaged in sexually explicit conduct andpossession of depictions of a minor engaged insexually explicit conduct
• A.V. will have to register as a sex offender
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“2 Des-Moines teens filmed having sex atparty”
“I don't think they would do it ifthey knew the consequences. Ithink that they should beeducated on it, and if they knew,they probably wouldn't havedone it.”
- Junior
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TEACH GOOD DECISIONMAKING
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Worry if you want to get a job…
• According to 2009 study, 45% ofemployers research applicants’ socialnetworking pages
• 35% of them found content thatcaused them to not hire prospectiveemployees
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EMPLOYEECHALLENGES
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We KNOW THATEmployees LIKESocial Media….
• 50% ignore company policy on socialmedia access
• 27 % knowingly alter settings on employerdevices to access restricted applications
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BEWARE the frolleague• Co-workers that send friend
requests• 2008: 47% of LinkedIn
accepted them• 36% felt an obligation to
accept• 73% wanted to keep them
separate
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Pietrylo, et al. v. Hillstone RestaurantGroup d/b/a Houston’s
• Invitation-only MySpace pageallowing employees to ventdissatisfaction
• Employee “coerced” to provideaccess
• Employees Terminated
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Do NOT get overzealous inregulating staff socialnetworking
Prohibit employees “fromelectronically posting in publiclyaccessible websites anystatements, documents, orphotographs that might cast theemployee, the students, or theDistrict in a negative,scandalous, or embarrassinglight”?
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The Storm On Supervision is here:
• “Man used 'Call of Duty' to pick up KingCounty boys”- Seattle Times, June 2, 2010
• “Teacher charged in texting case” – TheTacoma News, November 7, 2007
• “Teacher solicited minor via Facebook”– NBC News, Austin, December 11, 2008
• “Ellis Co. Teacher Arrested For OnlineSolicitation” – CBS Dallas Fort Worth Local News, November 14, 2008
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Louisiana –2009:
• Prohibit electronic communication withstudent for purpose not related toeducational services except with animmediate family member
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Missouri – July 2011:
• Teachers cannot establish, maintain, oruse a work-related website unless it isavailable to school administrators and thestudent’s guardian
• Teachers cannot have a non-work-relatedwebsite that allows exclusive access witha current or former student
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Contact has to be open & supervisedby the system…• Should not have electronic relationships
with students UNLESS:– Independent pre-existing relationship exists– Parents/guardians and school is aware and
approves– Remain vigilant as to privacy of your media
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• Where teacher using social media, or ownwebsite for, it is critical that District beaware and have supervisory scheme inplace in advance. Approval process!
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SOCIAL MEDIASupervision:
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WE HAVE TOSWITCHSTUDENTS TOSOMETHING
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OPPORTUNITY FORMISCHIEF
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Increasing Notice of Expectation• Student Code of Conduct• Technology on Campus Rules
– Prohibit sexually explicit images– Searchable
• Boundary Invasion Policy• HIB Policy• Acceptable/Responsible Use Agreements• Student Training
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Bystanders are being regarded moreand more as participants
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New Approaches…
• Range of interventions:– In School Suspensions– Conferring with students and parents– Follow-up Education to stakeholders– Problem-solving process or class– Safety plans– Behavior contracts
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Law enforcementoften can do moreif facts merit it
They can issuewarrants forwebsites outside ofa District’s domain
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CONFIRMPOLICIES& RULES
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GIVE NOTICEOF AND TRAINALL ONEXPECTATIONS
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UNDERSTANDLIMITS & ASKFOR HELP
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