Confronting Cyber-Bullying: What Schools Need to Know to Control Misconduct and Avoid Legal Consequences
This book is directed to academics, educators, and government policy makers who are concerned about their legal obligations to address emerging cyber-bullying and anti-authority student online expression. The author spearheads an investigation into the extent of institutional legal obligations, as boundaries of student expression, supervision, and privacy in cyberspace become increasingly blurred. Cyber-bullying occurs outside of school hours and school grounds, on home computers and personal...
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This book analyzes the emergence of cyber-bullying and anti-authority student expressions through the use of cell phone and Internet technologies.
Figures Page xiTables xiiiPreface xvAcknowledgments xix1 Cyber Misconduct: Who Is Lord of the Bullies? 1Introduction 1Peer Cyber-Bullying: A Lord of the Flies Syndrome? 3Adults as Bullies 5Antiauthority Cyber Expression 8A Global Issue 12Conclusion 13Policy Guidelines 15Legal Considerations 15Tort Law 17Constitutional Law: Freedom of Expression versus Safety and Privacy 17Human and Civil Rights Jurisprudence: School Environment 182 Profile of Traditional and Cyber-Bullying 22Introduction 22What Is Bullying? 22The Etymology of Bullying 24Bullying or Teasing? 25General Characteristics 27Perpetrators and Targets 29Types of Bullying 31Changing Roles 35Effects of Bullying 37Bullying Today 38Definitions of Cyber-Bullying 39Characteristics of Cyber-Bullying 43Online Social Communication Tools 45Prevalence of Sexual and Homophobic Harassment 48Intersecting Forms of Discrimination 52Conclusion 523 Cyber Libel or Criminal Harassment: When Do Kids Cross the Line? 59Introduction 59Chinese Cultural Influences 62Case 1 Modified Photographs of a Teacher 62Case 2 and 3: Piggy and Little Fat Boy 64Case 4 Ning's Sexual Harassment of a Teacher 64Case 5 Internet Slander 65Case 6 Cyber Vigilantism 66Japan: Netto Ijime 66Case 1 and 2 Female Perpetrators 67Case 3 Flaming 67Case 4 Pornographic Novel as Libel 67Case 5 Physical Assault as Slander 68Cultural Considerations: Ijime and Netto Ijime 68Gakko Ura Saito: Mobile-Bullying 69Ijime-jisatsu (Suicide Linked to Ijime) 70South Korea 71India 71Tort Law: Cyber Libel,Defamation, and Slander 74Kids' Perspective - Their Own Private Space 74Case 1 Brad and His Online Friends 75Case 2 Bram's Bad Joke 76Case 3 Indiana Outrage 77Cyber Libel: The Canadian Context 78Cyber Libel: The U.S. Context 85Negligence, Supervision, and Malpractice 88Tort Law, Supervision, and Risk 924 Student Free Expression: Do the Schoolhouse Gates Extend to Cyberspace? 99Introduction 99Supervision: Does School Authority Apply in Cyberspace? 100Exploring the Cyber Forest 101Adult Mind-Sets and the Digital Disconnect 103The Limitations of Mind-Set I 105Freedom of Expression versus Safety and Privacy 109Constitutional Considerations 114Expression as "Material and Substantive Disruption" 116Expression as "Disruption of Basic Educational Mission" 118Nexus: Computers as School Property 121Conclusion 1245 Fostering Positive School Environments: Physical and Virtual 127Introduction 127Gendered Influence on Cyber-Bullying 129Socialization 129The Biology of Bullying 129Gender Socialization Begins at Home 133Female Gender Roles 134Male Gender Roles 136Human and Civil Rights Jurisprudence: School Environment 140PEW Internet Study 142Gender Differences 143The Online Rumor Mill 143Threats against Older Girls 144Why Teens Engage in Cyber-Bullying 144Homophobia 145Montreal Research 145Adult Perceptions 148Opinions about Cyber-Bullying 148Are Child Protection Laws Relevant to Cyber-Bullying? 1526 Censoring Cyberspace: Can Kids Be Controlled? 159Introduction 159Teachers Shape Law and Sometimes Impede Learning 161Teachers as Targets 162What Drives the Urgency? 166A Wall of Defense 167Tacit Condoning of Peer-to-Peer Bullying 168Parent versus Teen Cyber-Bullying 170School Officials, School Reputations, and the "Official" Story 170The Official Story 173Selection or Censorship? 174Parents as Censors 175Government Influence 180School Boards 181Media Influence on Censorship and Positivist Laws 182Reconceptualizing Law in Cyberspace 1867 The Tragedy of the Commons: Lessons for Cyberspace? 190Introduction 190Law: A Question of Individual (Student) Decision Marking 192Legal and Policy Responses: A Few Examples 195Deleting Online Predators Act (DOPA; H.R. 5319, 2006) 195Educational Use of Technologies 198Library Support for Online Education 199European Union 200Council of Europe 201Council of Europe Draft Convention on Cyber Crime (2001, June 29) 201Europe's Information Society: Public Consultation-Safer Internet and Online Technologies for Children 201Safer Internet Plus Program 202Legislation in France 203Canadian Responses 203British Responses 205Back to the Drawing Board 2098 Cyber Collaboration: Models for Critical Legal Pluralism in Teacher Education Programs 212Introduction 212A Typology of Laws: Comprehensive Legal Frameworks 214A Critical Legal Literacy 215A Critical Legal Literacy Model for Teacher Education 218Practical Solutions: Online Limitations 221Raising Student Awareness of Censorship 226A Concept Map: Positive School Environments 230The Stakeholder Model 232Poisoned Environment 233Conclusion 243Notes 249Cases 259Chapter 1 259Chapter 2 259Chapter 3 259Chapter 4 260Chapter 5 260Chapter 6 260Chapter 7 261Chapter 8 261Index 263
