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Junior League of Saint Louis Position on Cyberbullying,
Prepared by the State Legislative Issues Committee (SLIC)
Summary:
The Junior League of St. Louis (JLSL) is an organization of women committed to promoting voluntarism, developing the potential of women, and improving the community through the effective action and leadership of trained volunteers. In furtherance of this mission, the JLSL seeks a positive school climate for all Missouri students. Therefore, in recognition of the growing trend of cyberbullying and online harassment or stalking, and the detrimental outcomes of these behaviors on Missouri students, the JLSL recommends modifying existing Missouri laws in the following manner:
RSMo 160.775 amended to include the following provisions
1. The definition of cyberbullying must be standardized. Examination of St. Louis public school districts revealed there is not a consistent written definition of cyberbullying. (Page 2, #1)
2. Schools shall distribute their established policy, as required by state statute, in the student and faculty handbooks. Schools shall require students, parents, faculty and staff to attend mandatory training sponsored by the schools. Schools shall require written acknowledgment of policy from students, parents, faculty and staff prior to individual use of data or computer software that is accessed through a computer, computer system, computer network or other electronic technology of a school district is permitted. (Page 3, #2)
3. Schools shall develop and maintain a system to collect data regarding violations of policy and be able to document and report incidents to school staff. (Page 3, #3)
4. Students should be provided with reporting mechanisms, to include, but not limited to, an anonymous method. (Page 4, #4)
5. Designated school personnel shall investigate violations of policy within one business day of reported incident. (Page 4, #5)
RSMo 160.261 amended to include the following provisions.
6. Mandatory law enforcement reporting for any known violations of students, faculty or staff of the Criminal Code of the State of Missouri, including, but not limited to RSMo 565.090.1 (harassment), 565.225.1 (stalking), 565.252.1 and 565.253.1 (invasion of privacy), 566.103.1 (promoting online sexual solicitation), 566.151.1 (enticement of a child), 566.153.1 (age misrepresentation to a minor), 568.090.1 (promoting a sexual performance), 573.020.1 (promoting obscenity), 573.023. (sexual exploitation of a minor), 573.025.1, 573.030.1, and 573.035.1 (promoting child pornography), 573.037.1 (possession of child pornography), and 573.040.1 (furnishing child pornography to minors). (Page 5, #6)
RSMo 160.775 amended to include the following provisions
7. Allow for the inclusion of school administration in addressing and resolving issues occurring outside school hours or property when a safe learning environment is or will be affected. Require school responsibility on and off school property when a safe learning environment is or will be affected. (Page 6, #7)
8. Schools shall establish a multi disciplinary/prevention response team. Schools can develop a proactive, direct approach to address rules relevant to the needs and resources of each school district. (Page 7, #8)
Junior League of Saint Louis Position on Cyberbullying
Position:
Research statistics show that bullying has a negative effect on the social environment of schools, creating a climate of fear among students and, inhibiting their ability to learn. (NEA 2003) Research has shown that sixty percent (60\%) of males who were bullies in grades six through nine were convicted of at least one crime as adults, and thirty-five percent (35\%) to forty percent (40\%) of these former bullies had three or more convictions by twenty-four (24) years of age. (Olweus 1993) Successful programs to recognize, prevent, and effectively intervene in bullying behavior have been developed and replicated in schools across the country. These schools send the message that bullying behavior is not tolerated and, as a result, have improved safety and created a more inclusive learning environment.
The Junior League of St. Louis seeks a comprehensive approach for the public schools of this state to create a safe environment free of unnecessary disruption that is conducive to the learning process by implementing policies for the prevention of harassment, intimidation, and bullying. To elevate Missouri to a model State, several additions are required.
Missouri currently has a bullying clause contained within the harassment statute, anti bullying and stalking laws, but there is no legislation specifically addressing cyberbullying.
Section 160.775 defines bullying with an addition of: cyberbullying, electronic, or written communication.
Section 565.090 defines harassment as one who (3) knowingly frightens, intimidates, or causes emotional distress to another person by anonymously making a telephone call or any electronic communication; and (5) "knowingly makes repeated unwanted communication to another person.
Section 565.225 defines stalking to include any course of conduct with two or more acts over a period of time that is communicated by any means.
According to the National Center for Victims of Crime (NCVC), cyber stalking is defined as threatening behavior or unwanted advances directed at another using the Internet and other forms of online and computer communications.
Cyberbullying is a similar behavior to cyber stalking, however the distinction lies in the demographic group engaging in the behavior. The distinguishing feature is that instead of adults targeting other adults or children, cyber bullying involves minors targeting minors.
In order for the law to be comprehensive, the following must be addressed:
1. The definition of cyberbullying must be standardized. Examination of St. Louis public school districts revealed there is not a consistent written definition of cyberbullying.
Missouri has attempted to address these troublesome behaviors by enacting the statutes as enumerated above. However, none of the previously enacted statutes specifically address cyberbullying. Cyberbullying is an action that is distinct from other forms of bullying. Cyberbullying can take many forms. However, there are six forms that are most common developed by Center for Safe and Responsible Internet Use (CSRIU).
Harassment: Repeatedly sending offensive, rude, and insulting messages
Denigration: Distributing information about another that is derogatory and untrue through posting it on a Web page, sending it to others through email or instant messaging, or posting or sending digitally altered photos of someone
Flaming: Online "fighting" using electronic messages with angry, vulgar language
Impersonation: Breaking into an email or social networking account and using that person's online identity to send or post vicious or embarrassing material to/about others.
Outing and Trickery: Sharing someone's secrets or embarrassing information, or tricking someone into revealing secrets or embarrassing information and forwarding it to others
Cyber Stalking: Repeatedly sending messages that include threats of harm or are highly intimidating, or engaging in other online activities that make a person afraid for his or her safety (depending on the content of the message, it may be illegal)
The Junior League of St. Louis therefore suggests the following standardized definition:
Cyberbully to be defined as:
One or more acts by a student or a group of students directed against another student that constitutes sexual harassment, hate violence, or severe or pervasive intentional harassment, threats, or intimidations that is disruptive, causes disorder, and invades the rights of others by creating an intimidating or hostile educational environment and includes acts that are committed personally or by means of an electronic act. Cyberbullying is the transmission of a communication, including, but not limited to, a message, text, sound or image by means of an electronic device, including, but not limited to, a telephone, wireless telephone or other wireless communication device, computer or pager. Assem. 86, 2006 (Ca. 2009).
Cyberbullying would not have to occur on school property, during school hours or with school equipment to be covered as long as it has an adverse effect on a student or school.
2. Schools shall distribute their established policy, as required by state statute, in the student and faculty handbooks. Schools shall require students, parents, faculty and staff to attend mandatory training sponsored by the schools. Schools shall require written acknowledgment of policy from students, parents, faculty and staff prior to individual use of data or computer software that is accessed through a computer, computer system, computer network or other electronic technology of a school district is permitted.
Each school policy would require notice of what constitutes bullying, that bullying is prohibited, and that the consequences of engaging in bullying be conspicuously posted in classrooms, cafeteria, restroom, gymnasium, auditorium, and school bus within the district.
If no handbook is available, or it is not practical to reprint new handbooks, a copy of the school policy will be distributed annually to all students, parents, faculty and staff.
3. Schools shall develop and maintain a system to collect data regarding violations of policy and be able to document and report incidents to school staff.
Currently, the State of Missouri addresses the reporting requirement within RSMo 160.775.4 which states in pertinent part:
Each district's anti bullying policy shall require district employees to report any instance of bullying of which the employee has firsthand knowledge. The district policy shall address training of employees in the requirements of the district policy.
The Junior League of St. Louis recommends expanding this statute as follows:
The policy shall be submitted to the Missouri Department of Education or specified agency by the end of each school year, but no later than August 31st. The department shall review such policy annually for compliance with state and federal law and regulations promulgated by the agency. The agency shall prepare an annual report, which shall include a summary of reported and substantiated incidences of bullying, by December 31st.
Additionally, the Junior League of St. Louis recommends the following requirement, borrowed from the State of New Jersey:
Within 60 days of the effective date of this section each school district shall amend its bullying policy [and] make the policy available on the district's website, and notify students and parents that the policy is available on the district's website. N.J. Rev. Stat. Ann. Tit. 18A 37-15.2
4. Students should be provided with reporting mechanisms, to include, but not limited to, an anonymous method.
Schools shall have methods of reporting to designated faculty members by both identified and anonymous methods. Discipline cannot solely be based on anonymous reporting.
5. Designated school personnel shall investigate violations of policy within one business day of reported incident.
Upon receipt of notice of an incident of cyberbullying, the school principal or a designee shall conduct an investigation within one business day of being placed on notice. If the school principal or a designee determines violation of policy or retaliation has occurred, the school principal or designee shall:
- notify the local law enforcement agency if the school principal or designee believes that criminal actions may have occurred;
- take appropriate disciplinary action;
- notify the parents or guardians of a perpetrator;
- notify the parents or guardians of the victim, and to the extent consistent with state and federal law, notify them of the action taken to prevent any further acts of bullying or retaliation; and
- refer victims and perpetrators of bullying or harassment for counseling, as determined appropriate by school principal or designee.
If an incident of bullying or retaliation involves students from more than one school or district, the school district or school first informed of the bullying or retaliation shall, consistent with state and federal law, promptly notify the appropriate administrator of the other school district or school so that both may take appropriate action.
The investigating school administrator shall make a written report to contain: names and addresses of the student and his or her parents, legal guardians, or other persons exercising custodial control or supervision; the student's age; the nature and extent of the violation; the name and address of the student allegedly responsible for the violation; and any other information that the principal making the report believes may be helpful in the furtherance of the purpose of this section.
6. Mandatory law enforcement reporting for any known violations of students or staff of the Criminal Code of the State of Missouri, including, but not limited to RSMo 565.090.1 (harassment), 565.225.1 (stalking), 565.252.1 and 565.253.1 (invasion of privacy), 566.103.1 (promoting online sexual solicitation), 566.151.1 (enticement of a child), 566.153.1 (age misrepresentation to a minor), 568.090.1 (promoting a sexual performance), 573.020.1 (promoting obscenity), 573.023. (sexual exploitation of a minor), 573.025.1, 573.030.1, and 573.035.1 (promoting child pornography), 573.037.1 (possession of child pornography), and 573.040.1 (furnishing child pornography to minors).
Research shows that discretion replaced any reporting of criminal offenses to law enforcement. Only one out of the 12 surveyed school district reported enumerated offenses immediately. School personnel must report incidents of student offenses to law enforcement, with a requirement that the incident be investigated; they must also create a data collection system for the reporting of incidents of student offenses under Missouri statutes. Monthly reporting of the number and types of incidents reported and updating of student discipline codes to include material relating to the taking, reporting, or investigation of complaints of student offenses is required.
It is possible for an Internet Service Provider (ISP) to be liable for the content of sites which it hosts, setting a precedent that any ISP should treat a notice of complaint seriously and investigate it immediately. And 18 U.S.C. 875(c) criminalizes the making of threats via Internet. Furthermore, RSMo 167.117. 4. provides that:
A school employee, superintendent or such person's designee who, in good faith,
provides information to law enforcement or juvenile authorities pursuant to this
section or RSMo 160.261. shall not be civilly liable for providing such
information.
Other states have also addressed this situation. For instance, Ken. Rev. Stat. 158 444 requires school personnel to report incidents of student felony offenses to law enforcement and parents of students involved; requires local school districts to include in its statewide data report all incidents in which a student has been disciplined by the school and to identify activities of harassing communication. Reports include the nature of the offense and all incidents in which a student has been charged. An annual statistical report to include the number and types of incidents is required to be delivered by August 31 of each year.
As prerequisites to receipt of safe schools funds, any school district not in compliance with the requirements of this policy and reporting procedures shall be ineligible to receive state funding pursuant to H.B. 1543, 95th Gen Assem., 3136L.10T (Mo. 2010).
The law enforcement reporting requirement could be easily accomplished by adding such a requirement to RSMo 160.261, which already has such a reporting requirement in place for violent actions.
7. Allow for the inclusion of school administration in addressing and resolving issues occurring outside school hours or property when a safe learning environment is or will be affected. Require school responsibility on and off school property when a safe learning environment is or will be affected.
A safe and civil school environment is necessary for students to learn and achieve. After hours cyberbullying causes physical, psychological, and emotional harm to students and interferes with the students' ability to learn and participate in school activities. There is a nexus or relationship between the school and student when bullying becomes the center of focus and the connection that links the
school and the student. Many states are addressing the 24/7 bullying that takes place after school hours. In fact, Missouri has recognized this connection, and has already addressed it within RSMo 160.775.3, which states that Each districts anti-bullying policy shall be founded on the assumption that all students need a safe learning environment.
The Junior League of St. Louis recommends that RSMo 160.775 provide schools with authority to investigate. Many states have included such language in response to recognition of the schools obligation to prevent and prohibit conduct that is inconsistent with a schools educational mission.
For example, please note the following excerpts from across the country:
Students at a location, activity, function or program that is not school related, or through the use of technology or an electronic device that is not owned, leased or used by a school district or school, if the bullying creates a hostile environment at school for the victim, infringes on the rights of the victim at school or materially and substantially disrupts the education process or the orderly operation of a school. Mass. Gen. Laws Ann. Ch. 71 37O (2010).
Massachusetts further adds a penalty statement in Section 14A, which states that whoever telephones another person or contacts another person by electronic communication, or causes a person to be telephoned or contacted by electronic communication, repeatedly, for the sole purpose of harassing, annoying or molesting the person or the persons family, whether or not conversation ensues, or whoever telephones or contacts a person repeatedly by electronic communication and uses indecent or obscene language to the person, shall be punished by a fine of not more than $500 or by imprisonment for not more than 3 months, or by both such a fine and imprisonment. Mass. Gen. Laws Ann. Ch. 71 14A.
New Hampshire RSA 193-F:3 states that bullying or cyberbullying shall occur when an action or communication is off of school property or outside of a school-sponsored activity or event, if the conduct interferes with a pupils educational opportunities or substantially disrupts the orderly operations of the school or school-sponsored activity or event. The language discussing cyberbullying that is initiated offline but still affects the school is extremely important, as educators are demanding clarity as to when they can intervene once a student of theirs is victimized. N.H. Rev. Stat. Ann. 193 F:3.
Florida does not allow the physical location or time of access of a computer-related incident to be raised as a defense in any disciplinary action or prosecution initiated under this section. Fla. Stat. Ann. 1006 147.
The School Bullying Prevention Act passed in 2007 allows school administrators to take action against "technology-related" bullying that takes place off school grounds "provided there is a sufficient school nexus." They continue to state that the physical location or time of access of a technology related incident is not a valid defense in any disciplinary action by the school district and charter school initiated under this section provided there is sufficient school nexus. This section does not apply to any person who uses data or computer software that is accessed through a computer, computer system, computer network or other electronic technology when acting within the scope of his or her lawful employment or investigation a violation of this section in accordance with school district or charter school policy. Del. Code Ann. Tit. 14 4112D.
A 2007 law added cyberbullying to school anti-bullying policies and included provisions for school officials to take action against some off campus activities. The law applies to electronic acts whether or not they originate on school property "if the electronic act is directed specifically at students or school personnel and is maliciously intended for the purpose of disrupting school, and has a high likelihood of succeeding in that purpose." Ark. Code Rev. 6-18-514
Schools can educate students on cyber ethics and laws and make cyberbullying a contractual issue through their acceptable use policy. Furthermore, schools can reserve the right to discipline for off-campus actions that intend to affect a student's in-school safety and well-being.
8. Schools shall establish a multi disciplinary/prevention response team. Schools can develop a proactive, direct approach to address rules relevant to the needs and resources of each school district.
Activities for safe schools planning includes: bullying prevention, and crisis response training, and development of guidelines regarding the safe use of the Internet. These guidelines should be included in a school district's education technology plan. Participants could include: school faculty, parents organizations, educators, community leaders, child safety advocates, school counselors, school social workers, school nurses, and school psychologists.
Schools and parents can become very effective allies in preventing and ending cyberbullying. This is especially important in a non criminal case; bullies need consequences for their actions. Schools should provide training to victims of bullying for victim empowerment, as well as standardize repercussions for those found to have participated in cyber bullying.
Several states are establishing within their existing programs, a character education program in their schools. The purpose of the character education program shall be to instill in students civic virtues and personal character traits so as to improve the learning environment, promote student achievement, reduce disciplinary problems, and develop civic-minded students of high character. The components of each program shall be developed in cooperation with the students, their parents, and the community at large. The basic character traits taught may include (i) trustworthiness, including honesty, integrity, reliability, and loyalty; (ii) respect, including the precepts of the Golden Rule, tolerance, and courtesy; (iii) responsibility, including hard work, economic self-reliance, accountability, diligence, perseverance, and self-control; (iv) fairness, including justice, consequences of bad behavior, principles of nondiscrimination, and freedom from prejudice; (v) caring, including kindness, empathy, compassion, consideration, generosity, and charity; and (vi) citizenship, including
patriotism, the Pledge of Allegiance, respect for the American flag, concern for the common good, respect for authority and the law, and community mindedness. Va. Code Ann. 22.1-208.01.
TABLE OF AUTHORITIES:
Federal
18 USC 875(c)
Missouri
H.B. 1543, 95th Gen. Assem., 3136L-10T (Mo. 2010)
RSMo 160.775
RSMo.160.775.3
RSMo 167.117.4
RSMo 160.261
RSMo.160.775.4
RSMo 565.090
RSMo 565.090.1
RSMo 565.090.3
RSMo 565.090.5
RSMo 565.225
RSMo 565.225.1
RSMo 565.252.1
RSMo 565.253.1
RSMo 566.103.1
RSMo 566.151.1
RSMo 566.153.1
RSMo 568.090.1
RSMo 573.020.1
RSMo 573.023.1
RSMo 573.025.1
RSMo 573.030.1
RSMo 573.035.1
RSMo 573.037.1
RSMo 573.040.1
Other States
Ark. Code Rev. 6-18-514
Assem. 86, (2006 (Ca. 2009)
Del. Code Ann. Tit. 14 4112D
Fla. Stat. Ann. 1006 147
Ken. Rev. Stat. 158 444
N.H. Rev. Stat. Ann. 193 F:3
N.J. Rev. Stat. Ann. Tit. 18A 37-15.2
Mass. Gen. Laws Ann. Ch. 71 14A
Mass. Gen. Laws Ann. Ch. 71 37O (2010)
Va. Code Ann. 221-208-01
Books and Articles
National Center for Victims of Crime (NCVC)
Nancy Willard, Center for Safe and Responsible Internet Use (CSRIU)
NEA 2003
Olweus, D. (1993) Bullying at School: What we Know and What We Can Do, Cambridge, MA: Blackwell.
Prepared by the State Legislative Issues Committee (SLIC)
Summary:
The Junior League of St. Louis (JLSL) is an organization of women committed to promoting voluntarism, developing the potential of women, and improving the community through the effective action and leadership of trained volunteers. In furtherance of this mission, the JLSL seeks a positive school climate for all Missouri students. Therefore, in recognition of the growing trend of cyberbullying and online harassment or stalking, and the detrimental outcomes of these behaviors on Missouri students, the JLSL recommends modifying existing Missouri laws in the following manner:
RSMo 160.775 amended to include the following provisions
1. The definition of cyberbullying must be standardized. Examination of St. Louis public school districts revealed there is not a consistent written definition of cyberbullying. (Page 2, #1)
2. Schools shall distribute their established policy, as required by state statute, in the student and faculty handbooks. Schools shall require students, parents, faculty and staff to attend mandatory training sponsored by the schools. Schools shall require written acknowledgment of policy from students, parents, faculty and staff prior to individual use of data or computer software that is accessed through a computer, computer system, computer network or other electronic technology of a school district is permitted. (Page 3, #2)
3. Schools shall develop and maintain a system to collect data regarding violations of policy and be able to document and report incidents to school staff. (Page 3, #3)
4. Students should be provided with reporting mechanisms, to include, but not limited to, an anonymous method. (Page 4, #4)
5. Designated school personnel shall investigate violations of policy within one business day of reported incident. (Page 4, #5)
RSMo 160.261 amended to include the following provisions.
6. Mandatory law enforcement reporting for any known violations of students, faculty or staff of the Criminal Code of the State of Missouri, including, but not limited to RSMo 565.090.1 (harassment), 565.225.1 (stalking), 565.252.1 and 565.253.1 (invasion of privacy), 566.103.1 (promoting online sexual solicitation), 566.151.1 (enticement of a child), 566.153.1 (age misrepresentation to a minor), 568.090.1 (promoting a sexual performance), 573.020.1 (promoting obscenity), 573.023. (sexual exploitation of a minor), 573.025.1, 573.030.1, and 573.035.1 (promoting child pornography), 573.037.1 (possession of child pornography), and 573.040.1 (furnishing child pornography to minors). (Page 5, #6)
RSMo 160.775 amended to include the following provisions
7. Allow for the inclusion of school administration in addressing and resolving issues occurring outside school hours or property when a safe learning environment is or will be affected. Require school responsibility on and off school property when a safe learning environment is or will be affected. (Page 6, #7)
8. Schools shall establish a multi disciplinary/prevention response team. Schools can develop a proactive, direct approach to address rules relevant to the needs and resources of each school district. (Page 7, #8)
Junior League of Saint Louis Position on Cyberbullying
Position:
Research statistics show that bullying has a negative effect on the social environment of schools, creating a climate of fear among students and, inhibiting their ability to learn. (NEA 2003) Research has shown that sixty percent (60\%) of males who were bullies in grades six through nine were convicted of at least one crime as adults, and thirty-five percent (35\%) to forty percent (40\%) of these former bullies had three or more convictions by twenty-four (24) years of age. (Olweus 1993) Successful programs to recognize, prevent, and effectively intervene in bullying behavior have been developed and replicated in schools across the country. These schools send the message that bullying behavior is not tolerated and, as a result, have improved safety and created a more inclusive learning environment.
The Junior League of St. Louis seeks a comprehensive approach for the public schools of this state to create a safe environment free of unnecessary disruption that is conducive to the learning process by implementing policies for the prevention of harassment, intimidation, and bullying. To elevate Missouri to a model State, several additions are required.
Missouri currently has a bullying clause contained within the harassment statute, anti bullying and stalking laws, but there is no legislation specifically addressing cyberbullying.
Section 160.775 defines bullying with an addition of: cyberbullying, electronic, or written communication.
Section 565.090 defines harassment as one who (3) knowingly frightens, intimidates, or causes emotional distress to another person by anonymously making a telephone call or any electronic communication; and (5) "knowingly makes repeated unwanted communication to another person.
Section 565.225 defines stalking to include any course of conduct with two or more acts over a period of time that is communicated by any means.
According to the National Center for Victims of Crime (NCVC), cyber stalking is defined as threatening behavior or unwanted advances directed at another using the Internet and other forms of online and computer communications.
Cyberbullying is a similar behavior to cyber stalking, however the distinction lies in the demographic group engaging in the behavior. The distinguishing feature is that instead of adults targeting other adults or children, cyber bullying involves minors targeting minors.
In order for the law to be comprehensive, the following must be addressed:
1. The definition of cyberbullying must be standardized. Examination of St. Louis public school districts revealed there is not a consistent written definition of cyberbullying.
Missouri has attempted to address these troublesome behaviors by enacting the statutes as enumerated above. However, none of the previously enacted statutes specifically address cyberbullying. Cyberbullying is an action that is distinct from other forms of bullying. Cyberbullying can take many forms. However, there are six forms that are most common developed by Center for Safe and Responsible Internet Use (CSRIU).
Harassment: Repeatedly sending offensive, rude, and insulting messages
Denigration: Distributing information about another that is derogatory and untrue through posting it on a Web page, sending it to others through email or instant messaging, or posting or sending digitally altered photos of someone
Flaming: Online "fighting" using electronic messages with angry, vulgar language
Impersonation: Breaking into an email or social networking account and using that person's online identity to send or post vicious or embarrassing material to/about others.
Outing and Trickery: Sharing someone's secrets or embarrassing information, or tricking someone into revealing secrets or embarrassing information and forwarding it to others
Cyber Stalking: Repeatedly sending messages that include threats of harm or are highly intimidating, or engaging in other online activities that make a person afraid for his or her safety (depending on the content of the message, it may be illegal)
The Junior League of St. Louis therefore suggests the following standardized definition:
Cyberbully to be defined as:
One or more acts by a student or a group of students directed against another student that constitutes sexual harassment, hate violence, or severe or pervasive intentional harassment, threats, or intimidations that is disruptive, causes disorder, and invades the rights of others by creating an intimidating or hostile educational environment and includes acts that are committed personally or by means of an electronic act. Cyberbullying is the transmission of a communication, including, but not limited to, a message, text, sound or image by means of an electronic device, including, but not limited to, a telephone, wireless telephone or other wireless communication device, computer or pager. Assem. 86, 2006 (Ca. 2009).
Cyberbullying would not have to occur on school property, during school hours or with school equipment to be covered as long as it has an adverse effect on a student or school.
2. Schools shall distribute their established policy, as required by state statute, in the student and faculty handbooks. Schools shall require students, parents, faculty and staff to attend mandatory training sponsored by the schools. Schools shall require written acknowledgment of policy from students, parents, faculty and staff prior to individual use of data or computer software that is accessed through a computer, computer system, computer network or other electronic technology of a school district is permitted.
Each school policy would require notice of what constitutes bullying, that bullying is prohibited, and that the consequences of engaging in bullying be conspicuously posted in classrooms, cafeteria, restroom, gymnasium, auditorium, and school bus within the district.
If no handbook is available, or it is not practical to reprint new handbooks, a copy of the school policy will be distributed annually to all students, parents, faculty and staff.
3. Schools shall develop and maintain a system to collect data regarding violations of policy and be able to document and report incidents to school staff.
Currently, the State of Missouri addresses the reporting requirement within RSMo 160.775.4 which states in pertinent part:
Each district's anti bullying policy shall require district employees to report any instance of bullying of which the employee has firsthand knowledge. The district policy shall address training of employees in the requirements of the district policy.
The Junior League of St. Louis recommends expanding this statute as follows:
The policy shall be submitted to the Missouri Department of Education or specified agency by the end of each school year, but no later than August 31st. The department shall review such policy annually for compliance with state and federal law and regulations promulgated by the agency. The agency shall prepare an annual report, which shall include a summary of reported and substantiated incidences of bullying, by December 31st.
Additionally, the Junior League of St. Louis recommends the following requirement, borrowed from the State of New Jersey:
Within 60 days of the effective date of this section each school district shall amend its bullying policy [and] make the policy available on the district's website, and notify students and parents that the policy is available on the district's website. N.J. Rev. Stat. Ann. Tit. 18A 37-15.2
4. Students should be provided with reporting mechanisms, to include, but not limited to, an anonymous method.
Schools shall have methods of reporting to designated faculty members by both identified and anonymous methods. Discipline cannot solely be based on anonymous reporting.
5. Designated school personnel shall investigate violations of policy within one business day of reported incident.
Upon receipt of notice of an incident of cyberbullying, the school principal or a designee shall conduct an investigation within one business day of being placed on notice. If the school principal or a designee determines violation of policy or retaliation has occurred, the school principal or designee shall:
- notify the local law enforcement agency if the school principal or designee believes that criminal actions may have occurred;
- take appropriate disciplinary action;
- notify the parents or guardians of a perpetrator;
- notify the parents or guardians of the victim, and to the extent consistent with state and federal law, notify them of the action taken to prevent any further acts of bullying or retaliation; and
- refer victims and perpetrators of bullying or harassment for counseling, as determined appropriate by school principal or designee.
If an incident of bullying or retaliation involves students from more than one school or district, the school district or school first informed of the bullying or retaliation shall, consistent with state and federal law, promptly notify the appropriate administrator of the other school district or school so that both may take appropriate action.
The investigating school administrator shall make a written report to contain: names and addresses of the student and his or her parents, legal guardians, or other persons exercising custodial control or supervision; the student's age; the nature and extent of the violation; the name and address of the student allegedly responsible for the violation; and any other information that the principal making the report believes may be helpful in the furtherance of the purpose of this section.
6. Mandatory law enforcement reporting for any known violations of students or staff of the Criminal Code of the State of Missouri, including, but not limited to RSMo 565.090.1 (harassment), 565.225.1 (stalking), 565.252.1 and 565.253.1 (invasion of privacy), 566.103.1 (promoting online sexual solicitation), 566.151.1 (enticement of a child), 566.153.1 (age misrepresentation to a minor), 568.090.1 (promoting a sexual performance), 573.020.1 (promoting obscenity), 573.023. (sexual exploitation of a minor), 573.025.1, 573.030.1, and 573.035.1 (promoting child pornography), 573.037.1 (possession of child pornography), and 573.040.1 (furnishing child pornography to minors).
Research shows that discretion replaced any reporting of criminal offenses to law enforcement. Only one out of the 12 surveyed school district reported enumerated offenses immediately. School personnel must report incidents of student offenses to law enforcement, with a requirement that the incident be investigated; they must also create a data collection system for the reporting of incidents of student offenses under Missouri statutes. Monthly reporting of the number and types of incidents reported and updating of student discipline codes to include material relating to the taking, reporting, or investigation of complaints of student offenses is required.
It is possible for an Internet Service Provider (ISP) to be liable for the content of sites which it hosts, setting a precedent that any ISP should treat a notice of complaint seriously and investigate it immediately. And 18 U.S.C. 875(c) criminalizes the making of threats via Internet. Furthermore, RSMo 167.117. 4. provides that:
A school employee, superintendent or such person's designee who, in good faith,
provides information to law enforcement or juvenile authorities pursuant to this
section or RSMo 160.261. shall not be civilly liable for providing such
information.
Other states have also addressed this situation. For instance, Ken. Rev. Stat. 158 444 requires school personnel to report incidents of student felony offenses to law enforcement and parents of students involved; requires local school districts to include in its statewide data report all incidents in which a student has been disciplined by the school and to identify activities of harassing communication. Reports include the nature of the offense and all incidents in which a student has been charged. An annual statistical report to include the number and types of incidents is required to be delivered by August 31 of each year.
As prerequisites to receipt of safe schools funds, any school district not in compliance with the requirements of this policy and reporting procedures shall be ineligible to receive state funding pursuant to H.B. 1543, 95th Gen Assem., 3136L.10T (Mo. 2010).
The law enforcement reporting requirement could be easily accomplished by adding such a requirement to RSMo 160.261, which already has such a reporting requirement in place for violent actions.
7. Allow for the inclusion of school administration in addressing and resolving issues occurring outside school hours or property when a safe learning environment is or will be affected. Require school responsibility on and off school property when a safe learning environment is or will be affected.
A safe and civil school environment is necessary for students to learn and achieve. After hours cyberbullying causes physical, psychological, and emotional harm to students and interferes with the students' ability to learn and participate in school activities. There is a nexus or relationship between the school and student when bullying becomes the center of focus and the connection that links the
school and the student. Many states are addressing the 24/7 bullying that takes place after school hours. In fact, Missouri has recognized this connection, and has already addressed it within RSMo 160.775.3, which states that Each districts anti-bullying policy shall be founded on the assumption that all students need a safe learning environment.
The Junior League of St. Louis recommends that RSMo 160.775 provide schools with authority to investigate. Many states have included such language in response to recognition of the schools obligation to prevent and prohibit conduct that is inconsistent with a schools educational mission.
For example, please note the following excerpts from across the country:
Students at a location, activity, function or program that is not school related, or through the use of technology or an electronic device that is not owned, leased or used by a school district or school, if the bullying creates a hostile environment at school for the victim, infringes on the rights of the victim at school or materially and substantially disrupts the education process or the orderly operation of a school. Mass. Gen. Laws Ann. Ch. 71 37O (2010).
Massachusetts further adds a penalty statement in Section 14A, which states that whoever telephones another person or contacts another person by electronic communication, or causes a person to be telephoned or contacted by electronic communication, repeatedly, for the sole purpose of harassing, annoying or molesting the person or the persons family, whether or not conversation ensues, or whoever telephones or contacts a person repeatedly by electronic communication and uses indecent or obscene language to the person, shall be punished by a fine of not more than $500 or by imprisonment for not more than 3 months, or by both such a fine and imprisonment. Mass. Gen. Laws Ann. Ch. 71 14A.
New Hampshire RSA 193-F:3 states that bullying or cyberbullying shall occur when an action or communication is off of school property or outside of a school-sponsored activity or event, if the conduct interferes with a pupils educational opportunities or substantially disrupts the orderly operations of the school or school-sponsored activity or event. The language discussing cyberbullying that is initiated offline but still affects the school is extremely important, as educators are demanding clarity as to when they can intervene once a student of theirs is victimized. N.H. Rev. Stat. Ann. 193 F:3.
Florida does not allow the physical location or time of access of a computer-related incident to be raised as a defense in any disciplinary action or prosecution initiated under this section. Fla. Stat. Ann. 1006 147.
The School Bullying Prevention Act passed in 2007 allows school administrators to take action against "technology-related" bullying that takes place off school grounds "provided there is a sufficient school nexus." They continue to state that the physical location or time of access of a technology related incident is not a valid defense in any disciplinary action by the school district and charter school initiated under this section provided there is sufficient school nexus. This section does not apply to any person who uses data or computer software that is accessed through a computer, computer system, computer network or other electronic technology when acting within the scope of his or her lawful employment or investigation a violation of this section in accordance with school district or charter school policy. Del. Code Ann. Tit. 14 4112D.
A 2007 law added cyberbullying to school anti-bullying policies and included provisions for school officials to take action against some off campus activities. The law applies to electronic acts whether or not they originate on school property "if the electronic act is directed specifically at students or school personnel and is maliciously intended for the purpose of disrupting school, and has a high likelihood of succeeding in that purpose." Ark. Code Rev. 6-18-514
Schools can educate students on cyber ethics and laws and make cyberbullying a contractual issue through their acceptable use policy. Furthermore, schools can reserve the right to discipline for off-campus actions that intend to affect a student's in-school safety and well-being.
8. Schools shall establish a multi disciplinary/prevention response team. Schools can develop a proactive, direct approach to address rules relevant to the needs and resources of each school district.
Activities for safe schools planning includes: bullying prevention, and crisis response training, and development of guidelines regarding the safe use of the Internet. These guidelines should be included in a school district's education technology plan. Participants could include: school faculty, parents organizations, educators, community leaders, child safety advocates, school counselors, school social workers, school nurses, and school psychologists.
Schools and parents can become very effective allies in preventing and ending cyberbullying. This is especially important in a non criminal case; bullies need consequences for their actions. Schools should provide training to victims of bullying for victim empowerment, as well as standardize repercussions for those found to have participated in cyber bullying.
Several states are establishing within their existing programs, a character education program in their schools. The purpose of the character education program shall be to instill in students civic virtues and personal character traits so as to improve the learning environment, promote student achievement, reduce disciplinary problems, and develop civic-minded students of high character. The components of each program shall be developed in cooperation with the students, their parents, and the community at large. The basic character traits taught may include (i) trustworthiness, including honesty, integrity, reliability, and loyalty; (ii) respect, including the precepts of the Golden Rule, tolerance, and courtesy; (iii) responsibility, including hard work, economic self-reliance, accountability, diligence, perseverance, and self-control; (iv) fairness, including justice, consequences of bad behavior, principles of nondiscrimination, and freedom from prejudice; (v) caring, including kindness, empathy, compassion, consideration, generosity, and charity; and (vi) citizenship, including
patriotism, the Pledge of Allegiance, respect for the American flag, concern for the common good, respect for authority and the law, and community mindedness. Va. Code Ann. 22.1-208.01.
TABLE OF AUTHORITIES:
Federal
18 USC 875(c)
Missouri
H.B. 1543, 95th Gen. Assem., 3136L-10T (Mo. 2010)
RSMo 160.775
RSMo.160.775.3
RSMo 167.117.4
RSMo 160.261
RSMo.160.775.4
RSMo 565.090
RSMo 565.090.1
RSMo 565.090.3
RSMo 565.090.5
RSMo 565.225
RSMo 565.225.1
RSMo 565.252.1
RSMo 565.253.1
RSMo 566.103.1
RSMo 566.151.1
RSMo 566.153.1
RSMo 568.090.1
RSMo 573.020.1
RSMo 573.023.1
RSMo 573.025.1
RSMo 573.030.1
RSMo 573.035.1
RSMo 573.037.1
RSMo 573.040.1
Other States
Ark. Code Rev. 6-18-514
Assem. 86, (2006 (Ca. 2009)
Del. Code Ann. Tit. 14 4112D
Fla. Stat. Ann. 1006 147
Ken. Rev. Stat. 158 444
N.H. Rev. Stat. Ann. 193 F:3
N.J. Rev. Stat. Ann. Tit. 18A 37-15.2
Mass. Gen. Laws Ann. Ch. 71 14A
Mass. Gen. Laws Ann. Ch. 71 37O (2010)
Va. Code Ann. 221-208-01
Books and Articles
National Center for Victims of Crime (NCVC)
Nancy Willard, Center for Safe and Responsible Internet Use (CSRIU)
NEA 2003
Olweus, D. (1993) Bullying at School: What we Know and What We Can Do, Cambridge, MA: Blackwell.
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