Bullying & CyberbullyingBullying & Cyberbullying

K HKaren Haase Harding & Shultz

(402) 434-3000khaase@hslegalfirm.com

H & S School Law

Raise your hand if …y

You have a cell phoneYou have a cell phoneYou use text messagingYou’ve taken photos with a cell phone cameraphone cameraYou’ve ever forwarded a message

Y h F b k M SYou have a Facebook, MySpace or Twitter account

What’s Wrong with Cell Phones?

Nothing! Nothing!Cell phones are useful tools when used appropriately and with good judgmentg j g

What’s Wrong with Facebook?

Again nothing! Again, nothing!Facebook is just like a cell phone – you have to use good judgment.j g

Inappropriate Uses of Cell Phones

Texting during class/schoolTaking embarrassing photosTaking embarrassing photosSending insulting angry or mean messagesCheating or lyingg y gBullying Hurting other people’s feelingsHurting other people’s feelings

Inappropriate Uses of Facebook

Posting during class/schoolPosting embarrassing photosPosting embarrassing photosWriting insulting or mean posts about othersCreating a page that has the g p gpurpose of hurting someoneCreating a fake profileCreating a fake profile

Bullying?“any ongoing pattern of physical, verbal,any ongoing pattern of physical, verbal,

or electronic abuse . . . .”

Simply stated, bullying:• Is intimidating or subjecting a

person to hostility or ill treatmentperson to hostility or ill treatment• Involves actions which cause

another person to feel afraid, humiliated embarrassedhumiliated, embarrassed, threatened or shamed

• Occurs in a relationship where there is an imbalance of poweris an imbalance of power

• Is repeated over time

Is it bullying?Normal Conflict

• Equal power/friendsBullying

• Imbalance of power• Equal power/friends• Happens

episodically

Imbalance of power• Repeated pattern of

behaviorepisodically• Accidental

behavior• Intentional

U l ti l• Equal emotional reaction

• Unequal emotional reactionBl t t• Remorse

• Effort to solve • Blames target• No effort to solve

problem • Seeking power

Cyberbullying?

Cyberbullying, v: the use of technology such as computers and cell phones tosuch as computers and cell phones to

engage in repeated, and hostile behavior by an individual or group, that is

intended to harm others.

Common Cyberbullying Tactics

Stealing someone’s online name andStealing someone s online name and using it to write nasty rumors,

icomment, or spread gossip. Altering someone’s message or g g

doctoring photographs to say something different or make fun ofsomething different or make fun of a person.

Common Cyberbullying Tactics(con’t)(con t)

Secretly recording conversationsSecretly recording conversations using a cell phone, then playing the

i f irecording back for the person being discussed.Posting damaging information on

blogs or web sitesblogs or web sites. Creating or taking part in Internet

polling or list-making

Cyberbullyingy y gDivagirl: Hey, loser, watch your back.t t323 Wh t

Example of b b ll i

tmt323: What r u talking about?Divagirl: Why don't you kill yourself whilecyberbullying

on iChatyou kill yourself while u r ahead?tmt323: Why can't you just leave meon iChat

(Apple’s you just leave me alone?Divagirl: Ugly girls like u need to be put in

instant i )

like u need to be put in their place.

messaging)

How Common is Cyberbullying?How Common is Cyberbullying?

one in four students between the ages of 11 and 19 have been the gvictim of cyberbullying.

A i t l 65 t f kidApproximately 65 percent of kids know of someone who has been cyberbullied.

How Common is Cyberbullying?18% of students in grades 6-8 said

they had been cyberbullied at least once in the 2 months

6% said it happened 2 or more times11% f i 6 8 i11% of students in grades 6-8 said

they had cyberbullied at least once in y ythe last 2 months

2% said they had done it 2 or more2% said they had done it 2 or more times

How Common is Cyberbullying?Cyberbullying has increased

dramatically in recent years. In nationally representative surveys ofIn nationally representative surveys of

10-17 year-olds, twice as many children and youth indicated they hadchildren and youth indicated they had been victims and perpetrators of

li h t i 2005 thonline harassment in 2005 than in1999/2000

So what’s the big deal?So what s the big deal?

School-Related Consequences

Neb. Rev. Stat. 79-2,137 Definition: “ongoing pattern of Definition: ongoing pattern of

physical, verbal or electronic abuse” Consequences: Consequences:

─ Loss of extracurricular privileges D t ti─ Detentions

─Short and Long Term SuspensionE l i─Expulsion

─Alternative School Assignment

ExamplespSeattle, WA.: Students who “liked”

Facebook page bullying a classmate all suspendedp

Memphis TN: Honors student suspended for 180 days forsuspended for 180 days for commenting on a friend’s status

Civil ConsequencesCivil Consequences Student and parents can be sued Student and parents can be sued

• Suing for money; no jail time• Homeowners insurance often pays• Homeowners insurance often pays• Judgments can result in home

f l d h h d hiforeclosure and other hardship Suit can be for:

I i l i fli i f i l• Intentional infliction of emotional distress

• Tortuous interference• Tortuous interference • Slander

Finkel v. Facebook (N.Y.)High school students created private

Facebook page about classmate• Called her a “slut”Called her a slut• Said she had AIDs

S id h d d• Said she used drugsShe sued Facebook and kids who

created pageF b k di i d f l itFacebook dismissed from lawsuit;

students initially left in the case

Criminal Consequences (State Law)

Neb. Rev. Stat. 28-311.01 Terroristic Threats: “threatens to

commit any crime of violence …• With the intent to terrorize anotherWith the intent to terrorize another • In reckless disregard of the risk of

causing such terrorcausing such terror Class IV Felony punishable by:

• Up to 5 years in prison and/or• Up to 5 years in prison and/or• $10,000 fine

Criminal Consequences (Federal Law)

Computer Fraud and Abuse Act (18 U.S.C. 1030)

Originally passed to criminalize cyber-terrorismterrorism

Has been used to punish cyberbullies Punishable by: Punishable by:

• Up to 20 years in prison and/or• $100 000 fine$100,000 fine

What Belongs on Y Ph P fil /P ?Your Phone or Profile/Page?

Just ask your Grandma

The Grandma Rule:The Grandma Rule: If you wouldn’t’ show it to your

Grandma, don’t photograph it! , p g p If you wouldn’t write it to your

Grandma don’t text it!Grandma, don t text it! If you wouldn’t tell you Grandma

about it don’t post it!about it, don’t post it! If you wouldn’t say it to your

Grandma, don’t call it!

Questions?Questions?(402) 499 0547(402) 499-0547