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Cyberbullying
Members of today's college and university communities have unprecedented access to a wide range of technology, including e-mail, blogs, cell phones, and social networking Web sites. Faced with these technologies, an emerging legal challenge confronting today's students, faculty, staff, and community members in the world of higher education is how to address legal issues relating to cyberbullying, a relatively new form of high-tech incivility and harassment using the Internet. Consequently, this entry focuses on the issue of cyberbullying and its growing impact on the higher educational community.
Cyberbullying Defined
Cyberbullying is defined as the use of communication-based technologies, including cell phones, e-mail, instant messaging, text messaging, and social networking sites, to engage in deliberate harassment or intimidation of other individuals or groups of persons using online speech or expression. Student bullying and harassment are considerably more common at the elementary, middle, and high school levels. Even so, a recent study of bullying on college and university campuses reveals that more than 60% of students indicate that they have personally observed a student bullying or harassing another student.
The online cruelty and harassment uniquely associated with cyberbullying has recently become popular among college students due largely to the virtual anonymity of online communication, which makes it extremely difficult to identify bullies or instigators of online bullying or harassment. Also, the limitless reach of the Internet allows the online content of cyberbullying to well surpass the confines of college and university campuses when compared to traditional bullying, with which the impact is considerably more controlled.
One of the most popular and publicly accessible online venues for cyberbullying in college and university communities was a Web site called Juicy Campus. Until it was officially shut down in February 2009, this popular Web site was designed exclusively for students in higher education for posting online, anonymous, and uncensored gossip about their classmates and instructors. Advocates of the Juicy Campus Web site argued that it fostered student free speech and expression. However, critics of the Web site maintained that it actively encouraged cyberbullying against other students and faculty members in the form of negative smear campaigns, threats, and racist and sexist remarks targeting other students. During its short existence of less than two years, the Juicy Campus Web site was the subject of numerous instances of violent, online threats.
Nancy E. Willard, executive director of the Center for Safe and Responsible Internet Use, has identified the following seven major types of cyberbullying activities:
- Flaming: short but intense online communications characterized by offensive, rude, or vulgar language.
- Harassment: repeatedly sending someone mean, insulting, and offensive online messages.
- Denigration: sending or posting online gossip or rumors about a person designed to damage that person's reputation or friendships; this is often the most popular form of cyberbullying used by students against faculty members or employees at colleges and universities.
- Impersonation: impersonating the target of the bullying; for example, a cyberbully may steal the target's e-mail account and send offensive e-mail messages under that person's identity.
- Outing and trickery: fooling others into revealing secrets or embarrassing information about themselves; this information is shared online.
- Exclusion: intentionally restricting someone from being able to participate in a certain online group, such as a social networking site.
- Cyberstalking: sending repeated, unwanted online messages that often include threats that make some victims fear for their personal safety; this represents the most serious form of cyberbullying.
In the wake of recent school shootings on the college campuses of Virginia Tech University and Northern Illinois University, researchers and college officials have begun to reexamine legal and policy issues surrounding cyberbullying and disciplining students who engage in online bullying and harassment behaviors; it is hoped that such discipline will prevent cyberbullying from escalating into violent physical behavior.
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- Cases in Higher Education Law: Affirmative Action and Race-Based Admissions
- Cases in Higher Education Law: Disability
- Cases in Higher Education Law: Faculty Issues
- Board of Curators of the University of Missouri v. Horowitz
- Board of Regents of State Colleges v. Roth
- Keyishian v. Board of Regents of the University of the State of New York
- Kimel v. Florida Board of Regents
- Knight v. Board of Regents of the University of the State of New York
- Lehnert v. Ferris Faculty Association
- National Labor Relations Board v. Yeshiva University
- Perry v. Sindermann
- Regents of the University of Michigan v. Ewing
- Slochower v. Board of Higher Education of New York City
- Sweezy v. New Hampshire
- Urofsky v. Gilmore
- Cases in Higher Education Law: Finance and Governance
- Cases in Higher Education Law: Gender Equity
- Cases in Higher Education Law: Religion and Freedom of Speech
- Board of Regents of the University of Wisconsin System v. Southworth
- Bob Jones University v. United States
- Healy v. James
- Hunt v. McNair
- Locke v. Davey
- Papish v. Board of Curators of the University of Missouri
- Roemer v. Board of Public Works of Maryland
- Rosenberger v. Rector and Visitors of the University of Virginia
- Tilton v. Richardson
- Widmar v. Vincent
- Concepts, Theories, and Legal Principles
- Academic Abstention
- Academic Dishonesty
- Academic Freedom
- Affirmative Action
- Catalogs as Contracts
- Conflict of Commitment
- Conflict of Interest
- Copyright
- Disparate Impact
- Due Process, Substantive and Procedural
- Educational Malpractice
- Equal Protection Analysis
- Ex Corde Ecclesiae and American Catholic Higher Education
- Fair Use
- Hate Crimes
- Intellectual Property
- Student Moral Development
- Tax Exemptions for Colleges and Universities
- Tenure
- U.S. Supreme Court Cases in Higher Education
- Zoning
- Constitutional Rights and Issues
- Affirmative Action
- Age Discrimination
- Bill of Rights
- Civil Rights Movement
- Disciplinary Sanctions and Due Process Rights
- Disparate Impact
- Drug Testing of Students
- Due Process, Substantive and Procedural
- Eleventh Amendment
- Equal Protection Analysis
- Federalism
- Fourteenth Amendment
- Fourth Amendment Rights of Faculty
- Fourth Amendment Rights of Students
- Free Speech and Expression Rights of Students
- Hate Crimes
- Hostile Work Environment
- Loyalty Oaths
- Political Activities and Speech of Faculty Members
- Privacy Rights of Faculty Members
- Privacy Rights of Students
- Religious Activities on Campus
- Sexual Harassment of Students by Faculty Members
- Sexual Harassment, Peer-to-Peer
- Sexual Harassment, Quid Pro Quo
- Sexual Harassment, Same-Sex
- Sexual Orientation
- Sports Programming and Scheduling
- State Aid and the Establishment Clause
- Student Press
- Title IX and Athletics
- Title IX and Retaliation
- Title IX and Sexual Harassment
- Unions on Campus
- Faculty Rights
- Governance and Finance
- Academic Dishonesty
- Age Discrimination in Employment Act
- Boards of Trustees
- Catalogs as Contracts
- Cheating and Academic Discipline
- Collective Bargaining
- Conflict of Commitment
- Conflict of Interest
- Crime Awareness and Campus Security Act
- Due Process Rights in Faculty and Staff Dismissal
- Equal Pay Act
- Extracurricular Activities, Law, and Policy
- Family Educational Rights and Privacy Act
- Grading Practices
- Graduation Requirements
- Hazing
- Hostile Work Environment
- Loans and Federal Aid
- Personnel Records
- Sports Programming and Scheduling
- Student Press
- Tenure
- Unions on Campus
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- Boards of Trustees
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- National Association of College and University Attorneys
- National Collegiate Athletic Association
- Proprietary or For-Profit Colleges and Universities
- Religious Colleges and Universities
- Single-Sex Colleges
- U.S. Department of Education
- Unions on Campus
- Primary Sources: Excerpts from Landmark U.S. Supreme Court Cases
- Berea College v. Kentucky
- Board of Curators of the University of Missouri v. Horowitz
- Board of Regents of State Colleges v. Roth
- Board of Regents of the University of Wisconsin System v. Southworth
- Cannon v. University of Chicago
- DeFunis v. Odegaard
- Gratz v. Bollinger
- Grove City College v. Bell
- Grutter v. Bollinger
- Healy v. James
- Hunt v. McNair
- Keyishian v. Board of Regents of the University of the State of New York
- Lehnert v. Ferris Faculty Association
- Locke v. Davey
- McLaurin v. Oklahoma State Regents for Higher Education
- Mississippi University for Women v. Hogan
- National Labor Relations Board v. Yeshiva University
- Papish v. Board of Curators of the University of Missouri
- Perry v. Sindermann
- Regents of the University of California v. Bakke
- Regents of the University of Michigan v. Ewing
- Rosenberger v. Rector and Visitors of the University of Virginia
- Rumsfeld v. Forum for Academic and Institutional Rights
- Southeastern Community College v. Davis
- Sweatt v. Painter
- Sweezy v. New Hampshire
- Tilton v. Richardson
- Trustees of Dartmouth College v. Woodward
- United States v. Virginia
- University of Pennsylvania v. Equal Employment Opportunity Commission
- Religion and Freedom of Speech
- Academic Freedom
- Civil Rights Act of 1871, Section 1983
- Due Process, Substantive and Procedural
- Ex Corde Ecclesiae and American Catholic Higher Education
- Federalism
- Free Speech and Expression Rights of Students
- Religious Activities on Campus
- Religious Colleges and Universities
- Religious Freedom Restoration Act
- State Aid and the Establishment Clause
- Student Press
- Statutes
- Age Discrimination in Employment Act
- Americans with Disabilities Act
- Civil Rights Act of 1871, Section 1983
- Civil Rights Act of 1964
- Civil Rights Restoration Act of 1987
- Clery Act
- Crime Awareness and Campus Security Act
- Digital Millennium Copyright Act
- Equal Educational Opportunities Act
- Equal Pay Act
- Family and Medical Leave Act
- Family Educational Rights and Privacy Act
- Higher Education Act
- Immigration Reform and Control Act
- Morrill Acts
- National Labor Relations Act
- Rehabilitation Act, Section 504
- Religious Freedom Restoration Act
- Stafford Act
- Tax Exemptions for Colleges and Universities
- Title IX and Athletics
- Title IX and Retaliation
- Title IX and Sexual Harassment
- Title VI
- Title VII
- Student Rights and Welfare
- Academic Dishonesty
- Assistive Technology
- Cheating and Academic Discipline
- Cyberbullying
- Disciplinary Sanctions and Due Process Rights
- Disparate Impact
- Drug Testing of Students
- Extracurricular Activities, Law, and Policy
- Fourth Amendment Rights of Students
- Free Speech and Expression Rights of Students
- Grading Practices
- Graduation Requirements
- Hate Crimes
- Hazing
- Loans and Federal Aid
- Privacy Rights of Students
- Sexual Harassment of Students by Faculty Members
- Sexual Harassment, Peer-to-Peer
- Sexual Harassment, Quid Pro Quo
- Sexual Harassment, Same-Sex
- Sexual Orientation
- Sports Programming and Scheduling
- Student Moral Development
- Student Press
- Student Suicides
- Student Teachers, Rights of
- Video Surveillance
- Technology
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