Cyberbullying in Social Media within Educational Institutions

Featuring Student, Employee, and Parent Information

By (author) Merle Horowitz, Dorothy M. Bollinger

Publication date:

16 October 2014

Length of book:

212 pages

Publisher

Rowman & Littlefield Publishers

Dimensions:

239x162mm
6x9"

ISBN-13: 9781475800098

Cyberbullying in social media is one of the most important concerns in educational institutions at the K-12 and higher education levels today. Cyberbullying is complicated because it involves children, parents, and other family members as well as society at-large. It hurts the victim, the cyberbully, their families, their friends, others at and beyond the school, and our American society in countless direct and indirect ways — educationally, emotionally, mentally, physically, socially, and in some cases it takes the victim’s life away. Sometimes the results of cyberbullying are intentional, other times the results are unintended.

This book presents the information from the collaborative efforts and perspectives of a current school district superintendent who has researched and worked day-to-day with the issues, and an attorney currently dealing with the legal issues relevant to cyberbullying. This book is helpful to students, parents, educators, mental and medical health professionals, and attorneys who work with the misery, fears, terror and other consequences of cyberbullying in social media.

Foreword
Preface
Acknowledgments
INTRODUCTION
I.CYBERBULLYING AND SOCIAL MEDIA: STUDENTS
A.Educational Aspects
Cyberbullying
Safe Learning Environment
Sexting
Emotional Responses to Cyberbullying
Cyberbullying Research Studies
Social Media
Safe Learning Environment
Health Benefits vs. Concerns
Social Media Cyberbullying Issues
Social Media Sexting Issues
Sexting Research Studies
Privacy Issues
Social Media In Higher Education
B.Legal Aspects
Cyberbullying and Social Media Defined
Cyberbullying
State Statutes, Regulations and Policies
Social Media
Louisiana
Indiana
Nebraska
Definitions and Types of Social Media

Cyberbullying In Social Media: It Really, Really Hurts
Examination of Cyberbullying in Social Media Criminal Statutes and Proposed Federal Civil Legislation

State Statutes
Federal Statutes
Proposed Federal Civil Legislation
Examination of Adjudicated State and Federal Cyberbullying in Social Media Cases
First Amendment – School District Speech Cases
Material and Substantial Disruption Standards
Student-to-Student Speech
Student-to-Teacher and Student-to-Administrator Speech

Forecast of Substantial Disruption Standard
Student-to-Student Speech
Student-to-Teacher and Student-to-Administrator Speech

Other Standards
True Threat Standard
Fraser Standard
Hazelwood Standard
Morse Standard

First Amendment - Higher Education Speech Cases
Qualified Immunity
Defamation Cases
Harassment Cases, Statutes, and Regulations
Title IX
Sexting Cases and Statutes
Title VI
Civil Rights and Other Statutes, Educational Institutions’ Policies
Substantive Due Process
Equal Protection

Invasion of Privacy Cases

Examination of Cyberbullying in Social Media Cases Filed, but Not Adjudicate
Conclusion
II.CYBERBULLYING AND SOCIAL MEDIA: EMPLOYEES
A.Educational Aspects
Cyberbullying
E-Mail Usage: Friend or Foe
Social Media
Disciplinary Actions
Privacy Issues
Use in Higher Education
B.Legal Aspects
Students Allegedly Cyberbullying Educators and Educators Allegedly Cyberbullying Students

Statutes: Students Cyberbullying Educators
Arkansas
California
Colorado
Florida
Hawaii
Mississippi
North Carolina
Oklahoma
Utah

Cases: Students Allegedly Cyberbullying Educators
Cases Where the Employees and Educational Entities Were Successful
Cases Where The Students Were Successful
Cases Filed, but Not Adjudicated

Cases: Educators Allegedly Cyberbullying Students
Case Where Employee was Disciplined, but not Terminated
Case Where the Employee was Terminated
Case Filed, But Not Adjudicated

Conclusion
III.CYBERBULLYING AND SOCIAL MEDIA: PARENTS
A.Educational Aspects
Cyberbullying
United States Concerns
International Concerns
Social Media
Health Benefits and Concerns
Public Health Approach
Responses to Parent Cyberbullying or Harassment
B.Legal Aspects
Civil and Criminal Statutes and Regulations
Contract Terms
Court Decisions Involving Parents and Educational Institutions
Civil Rights Cases
Parent/Student Victims vs. Educational Institutions
Parent/Student Victims and Employee Victim

Social Media Privacy Case
Conclusion
IV.CONCLUSION
Appendices
ATable of State Bullying and Cyberbullying Laws
BTable of Cyberbullying in Social Media Cases
CReferences
DCenters and Resources
EQuestions and Ideas for Staff Development

About the Authors

With the proliferation of social media and its integration into the daily lives of children and adolescents, cyberbullying has become a critical issue in basic school safety. Horowitz (a school district superintendent) and Bollinger (an attorney) offer a curated discussion examining the complexity of cyberbullying as a phenomenon and its effects on safety and quality of life for its victims. The text guides the reader through a foundational examination of cyberbullying interactions and the potential detrimental effects on a person's educational, emotional, and physical well-being. In addition, the authors review current legal aspects of cyberbullying across various states and the effects of cyberbullying on educational practices. While the text is not intended to serve as definitive legal advice, the discussion offers a high-quality, jargon-free examination of this complex topic. The text is highly recommended for current and future educators as well as associated professionals—including mental and medical health professionals—working in all levels of education. Additionally, the text is recommended for general readers interested in the topic. Summing Up: Highly recommended. Upper-division undergraduates and above; general readers.