CHRISTY BOWMAN ANGELA CORNETT JODI DAVIDSON KELLI JESSIE MELISSA MCDANIEL CAROLYN MITCHELL Cyberbullying and Sexting: The Grey Area

What is Cyberbullying? The National Crime Prevention Council defines cyber-bullying as “ when the internet, cell phones or other devices are used to send or post text or images intended to hurt or embarrass another person.” Bullying or harassment of any kind directed at any student or school employee is prohibited: through the use of data or computer software that is accessed through a computer, computer system, or computer network of a public K-12 educational institution.

Technology Devices Used Computers Cell phones Instant messages Social Networking sites Blogs

Types of Cyberbullying Flaming Harassment Cyberstalking Denigration Impersonation Outing and Trickery

Cyberthreats Online material that threatens or raises concern about violence against others, suicide, or other self-harm. 2 Types of of Cyberthreats  Direct threats  Distressing Material

Why This Happens? You can’t see me!! I can’t see you!! Everybody does it!! Free speech Just a game

How This Gets by Teachers Lack of supervision Reliance on internet filter software programs

Distressing Material “Leakage” or suicidal ideation No one to talk to

Legal Issues Monitor student activity on Internet Monitor Internet records and files Free Speech  On school property…nexus  Off school property

Who’s Liable? Negligence—teacher—school—school system

Purpose for Litigation Victim is harmed Punishment of person responsible or holding the parent responsible for the actions. Provide public examples that alert parents, encourage actions by other victims, clarify uncertainties about the responsibility of schools and education agencies.

Civil Litigation Torts Liability laws  Defamation  Invasion of privacy  Intentional infliction of emotional distress

Criminal Law Involving law enforcement  Threats of violence toward persons or property  Coercion  Harassing calls or texts  Hate Crimes

Criminal Law (cont.)  Sexually explicit images of teens—child pornography.  Taking photos in places where privacy is expected.

Local At the local level, most cases are handled on a case by case basis, depending on the severity of the action. Most policies have incorporated cyberbullying into their existing bullying policies. In the case of sexting, once the image is discovered, the action becomes a legal matter. However, the school can still discipline. If the subject in the picture is under the age of 18, it is a felony- possession or distribution of child pornography

Local Continued… If the person is found guilty, they become a registered sex offender along with whatever sentence is imposed upon them by the judge. Upon researching the local policies, although the wording may vary slightly, the content remains relatively the same.

State The Commonwealth of VA has been concerned with student Internet safety since the General Assembly first enacted legislation on the topic in In 2006, the Code of VA ( ) was amended to require Internet safety instruction for all students. By the summer of 2008, schools throughout the Commonwealth had developed Internet safety policies and programs. Students and staff alike should be aware that being involved in cyberbullying may lead to prosecution according to VA Code ( :1)-Harassment By Computer.

State Continued… A new law in VA could require all schools within the state to adopt extensive cyberbullying policies which include on and off school grounds cyberbullying. (This bill passed unanimously). Law makers in at least 11 states have introduced legislation aimed at sexting. Six states have passed laws on sexting.

National On the federal front, the waters are still being tested concerning cyberbullying and sexting because so many aspects of the law are open for interpretation and it is such a gray area. Another reason so little has been legally accomplished on the federal level is because especially in the area of sexting, the repercussions are so severe that a “harmless text among friends” can brand a student for life.

What We Can Do: Maintain a high security filter system. Educate students on Internet safety. Educate teachers on Internet safety. Don’t leave students unsupervised. Think before you post!

In Conclusion: Regardless of the level, local, state, or federal, governing bodies unanimously agree that Internet safety and proper Internet usage training are the biggest tools we can utilize to put a stop to cyberbullying and sexting. We need to teach our students to think before they post.

THINK BEFORE YOU POST Everyone Knows Your Name Think Before You Post