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Cyberbullying

CyberbuUying generally encompasses any kind of harassing or bullying conduct that occurs through electronic communication channels or devices, including e-mail, Web pages, blogs, online video sharing sites, social networking services, cell phones, and camcorders. Cyberbullying is a fairly recent educational and legal concern and is fueled by the ever-increasing affordability and ease-of-use of digital technologies. This entry describes the behavior and some policy guidelines.

Challenges

Cyberbullying can take many forms. For example, a harassing message can be transmitted as a blog post, cell phone text message, or Web page comment. Similarly, bullying behavior can occur as mocking videos, pictures with denigrating captions, hurtful user-created cartoons or animations, and so on. The very tools that empower numerous legitimate uses also enable harassing behaviors.

One of the biggest challenges facing educators who are trying to address cyberbullying issues is the difficulty of monitoring all of the various communication methods that are available to students and employees. Shutting down a Web page or blog is not a viable solution when individuals can easily repost offending material on an infinite variety of free Web site or blog hosts. Tracking down an anonymous e-mail could require a court order and still might result in failure. Even finding harassing or bullying content within the vast ocean of online material can be quite difficult; educators typically learn about hurtful messages from victims or other students and employees.

The ability of individuals to anonymously send or post material online is another challenge for educators. For example, if a student receives a harassing text message on her cell phone from an anonymous antagonist, it can be nearly impossible to track down the offender. Similarly, Internet service providers and online companies often provide individuals with the ability to either keep their identities secret or to create alternative, false identities. Cracking the veil of anonymity poses significant difficulties for educators attempting to address cyberbullying issues.

Policy Guidelines

Educators who are working to reduce cyberbullying incidents must remember several key principles. The first is that school organizations have an affirmative obligation to protect students and staff from harassing or bullying conduct. Employees and students have the legally enforceable right to be free from hostile working and learning environments. Second, school officials must remember that the default rule is that student speech is protected, at least in public schools. In Tinker v. Des Moines Independent Community School District, the Supreme Court first noted that students do not give up their constitutional rights simply because they attend school. Teachers and administrators should never operate from the initial assumption that student speech is unprotected. One notable exception to this rule is that true threats are never protected.

Any type of electronic communication that threatens, or reasonably appears to threaten, to cause severe harm should fall under this exception and can be easily regulated by schools. Educators should be careful, however, to distinguish between true threats and insincere statements that pose little to no risk of actual harm. Other exceptions to the general rule include student speech that materially and substantially disrupts the school environment, is vulgar, or advocates illegal drug use.

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