“Texting, Sexting, Cyber Bullying and Other Liability Issues Facing South Dakota’s Schools in Today’s Technological Landscape” School Administrators of South Dakota April 7, 2015

TEXTING & SEXTING

Texting & Sexting ■ Texting – Transfer of digital communications via personal digital device (usually cell phones) ■ Sexting – Transfer of sexually explicit images via text message

How Common is Sexting? ■ 33% of teens have sent nude or semi- nude pictures of themselves ■ 22% of teens have received a nude or semi-nude photo of someone else ■ 15% of teens have forwarded images to someone they only know online

School District Liability ■ Negligent Supervision ▫ Liability for failing to prevent/stop/control cyberbullying ■ Employment Liability ▫ Negligent Hiring ▫ Negligent Retention

Investigating Sexting Allegations ■ Interview Student ■ Isolate Evidence ■ Determine where actions took place ▫ During school hours at school? ▫ After school hours off campus?

Sexting Discovered – Now What? ■ Notify parents of all students involved ■ Decide whether, how, who to discipline ■ Report to law enforcement? ■ Prevent bullying/harassment of students involved ■ Minimize exposure to child pornography charges (Possession/Transmittal)

Reporting Procedure ■ Develop policy to address sexting discovery ■ Involve school attorney, law enforcement, and state’s attorney when developing reporting procedures ■ Get your tech person involved ▫ Is evidence on school’s server?

Anti-Sexting Policy ■ Mere possession of digital images prohibited ■ All involved subject to punishment ■ Parents/Police may be contacted ■ School may search cell phone ■ Specific consequences with some “wiggle room” for administrators

CYBERBULLYING

Cyberbullying ■ Willful and repeated harm inflicted through the use of computers, cell phones, and other electronic devices

Forms of Cyberbullying ■ s or IMs directed at a specific person ■ Websites ▫ Vote for biggest freshman geek ▫ Hot or Not ▫ Worst Teacher ■ Cell Phones/Text Messages ■ Chat Rooms

Cyberbullying Policies ■ Specific definition of harassment, intimidation and bullying (including electronic forms) ■ Graduated Consequences ■ Procedure for Reporting ■ Procedure for Investigating ■ Procedure for Preventing

“Texting, Sexting, Cyber Bullying and Other Liability Issues Facing South Dakota’s Schools in Today’s Technological Landscape” School Administrators of South Dakota April 7, 2015