Schools have the authority to address cyberbullying incidents that occur off-campus if they can demonstrate that these incidents disrupt the educational environment. Legal frameworks in some regions categorize behaviors like harassment, stalking, and assault under criminal legislation.
Anti-bullying policy should contain the following elements:
•Steps for preventing bullying during workshops, staff training, curriculum enhancements
•Reasons for investigating
•Reasons for reporting
•Graduated consequences and
imediate actions
•Specific definitions for harassment,
intimidation, and bullying (including the electronic variants)
Many States are still
waiting to approve this policy
Some of this States are;Arkansas, Florida, Hawaii,
Idaho, Utah, Rhode Island, South Carolina,
South Dakota, and Washington
“Bullying or harassment of 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.”
cyberbullying behaviors
Under Criminal legislation
harassment, stalking and,
felonious assault
U.S. District Court for the Western District of Washington (2000)
The school district was unable to show that anyone listed on the site was actually threatened by the site, or that it resulted in a significant disturbance at school.
the school district failed to proved that the web site was “created to threaten anyone, did actually threaten anyone, or manifested any violent tendencies.
Emmett was initially expelled but the punishment was later modified to a 5 day suspension for creating a web page entitled the “Unofficial Kentlake High Home Page”
Emmett v. Kent School District No. 415
Some Cyberbullying
Does not require legal
intervention
Schools have their legal rights to intervene in cyberbullying incidents even if those incidents were initiated outside of school grounds if it can be proved that the incident resulted in a harmful disruption of the educational environment.
Ex. Minos teasing.
Chapter 92 in M.A
It states that any type of behavior or disruption that may harm any student inside or outside the school grounds by the use of technology or any type of electronic device will be severely punish and shall be reported to the local enforcement laws authorities