What is

1
What is Cyberbullying?

• The phenomenon of cyberbullying has been defined
  as the willful and repeated harm or embarrassment
  inflicted through the use of an electronic device
  such as a computer or cell phone.
• Students generally engage in cyberbullying by
  using electronic devices to send sexual remarks,
  hate speech or to gang up on victims by making
  them the subject of ridicule in forums, and
  posting false statements as fact aimed at
  humiliation.

2
How is Cyberbullying different from traditional
bullying?

• Cyberbully can hide his/her identity by using
  anonymous email addresses or pseudonymous screen
  names.
• Cyberbully is often more cruel using technology
  because he/she can do so from a distance and not
  have to confront the Victim.
• Victims often do not know who the bully is, or
  why they are being targeted.
• The harmful actions of a Cyberbully can reach a
  large number of people with little effort and in
  a short amount of time.
• Cyberbullying easily allows others to be involved
  in an attack on a victim.
• Greater harm to the Victim, as he/she perceives
  that everyone is aware of the harmful comments.
  
• Parents and School Staff cannot easily monitor.

3
Are there laws that prohibit Cyberbullying?

• Effective January 1, 2009, Public Act 095-0849
  (720 ILCS 5/12-7.5) in Illinois amended the
  definition of cyberstalking to include creating
  and maintaining a website or webpage that is
• Accessible to others for at least 24 hours
• Contains statements harassing another person and
• Communicates or solicits the commission of a
  threat of immediate or future bodily harm, sexual
  assault, confinement, or restraint to a person or
  that persons family member or places or solicits
  another to place a person or that persons family
  member in reasonable apprehension of immediate or
  future bodily harm, sexual assault, confinement
  or restraint.
• Cyberstalking is a Class 4 felony. A second or
  subsequent conviction for cyberstalking is a
  Class 3 felony.

4
Do School Districts have an obligation to monitor
online forums for cyberbullying and other online
misconduct?

• No.
• School staff should be advised not to create an
  alias or provide false information in order to
  gain access to a students e-mail or social
  networking site.
• School Districts do have the obligation to
  respond to and investigate allegations of
  cyberbullying or other online misconduct.

5
What right does a School District have to
monitor material created or viewed on District
computers?

• The School District can monitor, search, and
  otherwise access most material that is created,
  viewed, or otherwise accessed on District owned
  technology.
• This includes the right to access screen shots
  of internet pages that students have accessed,
  including websites (e.g., Facebook) even if the
  website itself is protected by a password.
• Students should be required to sign an acceptable
  use policy, which notifies them of the Districts
  right to monitor and search technology.
• Students may be disciplined for failure to comply
  with the terms of the AUP, even if their speech
  is arguably protected by the First Amendment.

6
Can the School District be held liable for the
actions of a student who engages in
cyberbullying?

• School districts generally cannot be held liable
  for the actions of a bully or harassing student.
• School District are responsible for its own
  response (or lack of response) to bullying or
  harassing students.

7
When can a student be disciplined for off-campus
online misconduct?

• Off-campus online misconduct may be disciplined
  if
• 1. The Board of Education has a policy that
  allows discipline for the misconduct at issue
• 2. Theres a sufficient nexus between the
  off-campus, online misconduct and the school
  environment and
• 3. The speech substantially disrupts the
  school environment.

8
What is a Sufficient Nexus?

• Courts generally find a sufficient nexus where
  the student somehow introduces the material into
  the school community, despite having created it
  off-campus. Creates online content off campus,
  but accesses it on campus
• Sends the online content to other students at
  the school
• Aims the material at students or staff
• Encourages action by students or other members of
  the school community
• Creates false online materials that third parties
  might construe as being created by the school
  or a staff member
• Creates online materials that school officials
  reasonably believe would have a serious impact on
  student relationships.

9
What factors weigh against a finding of a
Sufficient Nexus?

• The only notification to school officials of the
  information was made by other students, parents,
  or third parties, unless that material was
  aimed at the third party who notified the
  school
• That the student clearly did not intend the
  speech to reach campus and publicized it in such
  a manner that it was unlikely to do so and
• That a school official was hunting for it
  online.

10
What is a Substantial Disruption?

• Some specific facts that may support the presence
  of a risk of substantial disruption
• Whether the content is violent/threatening
• Whether the content is misleading or false
• Whether there have been previous disruptions re
  similar content
• Whether there has been disruption in the
  classroom
• Voiced concerns from parents
• Staff absences due to safety/stress/etc
• School officials are being pulled away from their
  ordinary tasks to respond to the effects of a
  students speech

11
What factors may weigh against a finding of
Substantial Disruption?

• Students are merely discussing the speech at
  issue without any evidence that classroom
  activities were substantially disrupted
• Only a few students were pulled out of class, or
  school staff spent the same amount of time
  typically spent on small issues at school to deal
  with the problem
• Ordinary personality conflicts among students
  that may leave one student feeling hurt or
  insecure
• Officials appear to simply dislike or disagree
  with the content or the message of the speech at
  issue

12
How should School Districts respond to
allegations of Cyberbullying or other Online
Misconduct?

• Once school staff is made aware of online
  misconduct, including cyberbullying, they should
• 1. Determine whether an investigation should be
  conducted.
• 2. Define the nature and scope of the
  investigation.
• 3. Determine whether to conduct a search.
• 4. Issue discipline when appropriate.

13
Glen School District 41

• Anti-Bullying Task Force March 2011
• Creating a Culture of Care
• Four Study Groups - Definition and Response,
  Best Practices, School Climate Community
  Education
• Developed Matrix of Definition Response
• Defined Best Practices

14
Glen Ellyn School District 41

• Positive School Climate
• Community Engagement Education

15
River Trails School District 26

• The prevention of bullying, intimidation and
  harassment is critical for a safe and effective
  learning environment
• Addressing Cyberbullying is just one component
• The district recently updated Board policy on
  Preventing Bullying, Intimidation and Harassment

16
River Trails School District 26

• All students receive internet safety instruction
• The District uses iSafe curriculum which includes
  a cyberbullying component
• Bully phone hotline
• Anonymous
• Middle school principal investigates every call
• Very few calls
• Staff members investigate allegations of bullying
• Student reports of bullying tend to be made in
  person to a staff member

17
River Trails School District 26

• Responses to Bullying
• Teaching students the different faces of the
  bully
• A bully may smile while he makes fun of your
  sweater
• Problem solving with students
• Involving parents
• Mentoring younger students
• 8th grade leadership team

18
River Trails School District 26

• Parent Universities on Cyber Issues
• Including sexting, bullying and social media
• Cook County States Attorney presentation
• Mt Prospect police presentation
• Resources for parents on district website
• http//www.rtsd26.org/dept/Technology/CyberSafety/
  Pages/default.aspx
• District staff attend professional development on
  internet security and safety

19
River Trails School District 26

• Recent social networking examples
• 5th grade boys made facebook page for a 5th grade
  girl (no mean information)
• Facebook page made for an autistic student (no
  mean information)
• Racism allegations directed towards coach when
  student did not make team

20
River Trails School District 26

• Future plans
• Teach parents ins and outs of social networking
  and how to navigate
• Update handbooks
• Provide additional professional development
• Continue parent universities