Bullying & Cyberbullying: What Educators and Board Members Need to Know Karen Haase Harding & Shultz (402) 434-3000 [email protected] H & S School.

Bullying & Cyberbullying: What Educators and Board

Members Need to Know

Karen HaaseHarding & Shultz

(402) [email protected]

H & S School Law

@KarenHaase

Bullying?

“any ongoing pattern of physical, verbal, or electronic abuse on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school purpose

by a school employee or his or her designee, or at school-sponsored

activities or school-sponsored athletic events.”

Cyberbullying?

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

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

intended to harm others.

The term "cyberbullying" is used when the victim or bully is a child or teen. The term cyber harassment is used when the

victim is an adult.

Is This Really a Problem?

1 in 4 kids admit to being cyberbullied 65% of kids know someone being

cyberbullied 22% of teens have been cyber pranked 29% of teens admit that they have posted

mean info about someone else 24% of teens have had private or

embarrassing information revealed against their will

Is This Really a Problem?

86% of teenagers have been stalked by a stranger on their Facebook account.

55% of teens admit they’ve given personal information to someone they do not know

30% of teens have arranged to meet in person someone they met on social media

Isn’t this a Parent Issue? 47% of parents admit that they “do

little or nothing” to monitor online 67% of teenagers say they know how to

hide what they do online from parents. 43% of teens say they would change

their online behavior if they knew that their parents were watching them.

39% of teens think their online activity is private from everyone

Bullying Litigation

Patterson v. Hudson Area Sch. Dist. (6th Cir. 2010)

Student viewed by peers as gay Middle school: name calling and

verbal harassment.  high school: • pushed into lockers • “a naked student rubbing against

him” in a locker room.

Patterson v. Hudson Area Sch. Dist. (6th Cir. 2010)

School had anti-bullying policy On some occasions bullies reported

and punished; other times teachers ignored

One teacher: “How does it feel to be hit by a girl?”

Jury awarded $800,000

Phillips v. Robertson County Bd. (Tenn. Ct. App. 2012)

Student with Asperger syndrome • Private counselor sent letter • Parent constantly reporting bullying

and asking for help• School developed system for kid• Preferential seating• Card system to signal when feeling

bullied or stressed

Phillips v. Robertson County Bd. (Tenn. Ct. App. 2012)

Teacher left student classroom unsupervised• Student struck in the eye by bully• Sustained permanent damage

Teacher testified• Didn’t know about disability• Didn’t know about accommodations

Court ordered $300,000 judgment

Estate of Lance v. Kyer(Texas 2010)

9 year old boy with disabilities hanged himself in school restroom after being bullied

Parents sued claiming disability discrimination

Court: district personnel had a consistent policy of ignoring bullying against all students, so no discrimination

Kendall v. West Haven Dep’t. of Ed.(Conn. 2000)

Elementary special ed student injured by another student• Parents called and reported prior

incidents to assistant principal• Assistant principal said she would take

care of it• Assistant principal then called out of

building

Kendall v. West Haven Dep’t. of Ed.(Conn. 2000)

The student seriously injured when the bully attacked him in the school cafeteria.

Court awarded $67,000 in damages Found the assistant principal

personally liable

G.M v. Dryceek Joint Elem. Sch. (Cal. 2012)

Student bullied 5 times in 6 months• After first incident teacher said she’d

watch the situation• After similar incident teacher and

counselor met with bullies• Assistant principal met with bullies• Bully punched victim in face and

received 5-day suspension

G.M v. Dryceek Joint Elem. Sch. (Cal. 2012)

Court: school officials took action aimed at stopping the harassment each time

Deliberate indifference requires that district know of harm and failed to act

Los Angeles Unif. Sch. Dist., (2006)

SpEd Student bullied and cyberbullied

Teacher knew of on-line comments; did nothing, posted on one page

OCR: “…the teacher's actions and inactions created a hostile environment for the Student based on disability.”

Fairfield-Suisun Unif Sch Dist(Cal. Dep’t Ed. 2012)

Student threatened to torture and kill peer

School expelled Staff had expressed concerns over

student’s disturbing behavior before ALJ concluded that the district

should have conducted an MD review prior to expelling him

Rose Tree Media Sch. Dist. (PA 2010)

Middle school student found not eligible for SpEd; parent filed DP

Parents complained• peers posting insults Facebook• peers regularly taunted at school• Peers pushed and splashed water on

him

Rose Tree Media Sch. Dist. (PA 2010)

School• Investigated incidents• Student extremely sensitive and

misinterpreted normal interactions• found him ineligible for an IEP

H.O: school should have considered• disability made student a target• emotional difficulties caused

misinterpretation of others' actions

Rosario v. Clark County Sch. Dist. (D. Nev. 2013)

Basketball student tweeted after last game of the season• [Principal] is a bitch• I hope coach brown gets f*cked in the *ss by 10

black dicks• Now I can tweet whatever I want and I hope one

of ya’al m*therf*ckers snitch on me• F*ck coach brown’s bitch *ss• Finally this b*tch season is over• Oh yeah and [AD]’s square *ss• And [assistant coach] is a p*ssy *ss n*gg* tryin

to talk sh*t

Rosario v. Clark County Sch. Dist. (D. Nev. 2013)

Targeted staff filed discipline complaints and “victim impact statements” against student

Student was suspended and eventually assigned to a different high school

Student sued

Rosario v. Clark County Sch. Dist. (D. Nev. 2013)

First Amendment Claims • Student argued free speech• School argued no protection because

content obscene Court:• Only one tweet “obscene”• Punished for all tweets• Must establish that this speech caused

material and substantial disruption

Rosario v. Clark County Sch. Dist. (D. Nev. 2013)

Fourth Amendment Claims • Student claimed unlawful search of

twitter account Court:• No “search” • No expectation of privacy• Poster assumes risk that remarks will

be made public

Rosario v. Clark County Sch. Dist. (D. Nev. 2013)

Assault and Battery Claims • Coach threw basketball in student’s

face• Assistant coach supported

Court:• Basketball players assume risk of

normal physical contact, not basketballs thrown in face

Cyber/bullying Responses Keep “Responding and Reporting”

separate in your mind (and your staff’s mind)

Focus on Small Stuff DOCUMENT, DOCUMENT,

DOCUMENT Look for nexus Don’t make promises you can’t keep

Helping Kids Deal; Tell them to:

Stop. Don’t respond to the bully.

Block. Block the cyberbully or limit all communications to those you can trust.

Tell. Tell a trusted adult.

Does Victim Need Interventions?

Interventions• Social skill training• Hygiene training with, sped

teacher, counselor or other staff • Peer mentor

Be ready for a 504 or SpEd request

Bullying & Cyberbullying: What Educators and Board

Members Need to Know

Karen HaaseHarding & Shultz

(402) [email protected]

H & S School Law

@KarenHaase