School Bullying: Admin Can Be Liable For Harassment Online, Off Campus

In the latest status update on bullying, schools could now be held liable for students' Facebook and out-of-school harassment.

Department of Education officials say legal action could be taken if schools don't address harassment and if it's determined they "reasonably should have known" about a student's conduct. This is the case even if the school was unaware of the bullying, the extent of which is described in a letter from the department:

"Harassing conduct may take many forms, including verbal acts and name-calling; graphic and written statements, which may include use of cell phones or the Internet; or other conduct that may be physically threatening, harmful, or humiliating. Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents."

The department made the announcement last October, but the initiative received attention last week when President Obama held a bullying summit at the White House and drew attention to the government's newly launched website Stopbullying.gov, where the letter is housed.

In an interview with the Huffington Post, the National School Boards Association -- the only organization to formally oppose the legal measures -- says it doesn't feel it's fair for schools to be liable under a "should-have-known" standard.

Individual schools are better placed to make their own decisions, said Francisco Negron, general counsel for NSBA.

"The appropriate measure is for schools to have tools to fight bullying on-the-ground and intervene proactively, not being subject to legal scares and mandates from Washington. School officials measure all facts, talk to students, perpetrators, the alleged victim -- and understand the context because they're there."

Negron also points out that in a time of deep budget crises nationwide, it's a numbers issue.

"Every dollar spent in litigation are generally classroom dollars -- general revenue dollars."

As yet another way to monitor bullying -- and in response to the White House's bullying summit -- Facebook announced last Thursday new safety features to monitor and report would-be harassers.

"Now, we're adding a unique feature, developed with safety experts, that lets people also report content to someone in their support system (like a parent or teacher) who may be able to address the issue more directly."

Comments

[iLdoRight]

10:05 PM on 05/07/2011

Life, liberty and the pursuit of happiness, but if your bullying (your pursuit of happiness) ruins someone else's happiness ? What right would they have to ruin your happiness in return? If they have read the Bible and accepted the offer to become a "true" Christian they expect most all people to be some sort of bully and expect to do nothing but condemn your bad conduct and to try to get you to see the error of your ways so the bully can repent, turn around and find an acceptable way of life and perhaps eventually be granted eternal life in conditions almost to beautiful to be believed by many living today.

[jczru4real]

08:24 AM on 04/23/2011

I totally agree. Principal's have the authority and the power to get rid of students who are being bullies. If they don't want to learn and get an education, they need to be expelled from school. NO IFS ANDS OR BUTS. Let them go home. Let their parents home-school them. They are not worthy of an education if they feel the necessity to bully other kids. It's a waste of a teachers time and the principal's time to deal with them. SEND THEM HOME INDEFINITELY.

[intlspygirl]

01:22 PM on 04/23/2011

Principals at public institutions do not have the authority to get rid of bullies. Even bullies have the right to an education and due process. Often administration's hands are tied by district, state and federal mandates.

In many circumstances a significant amount of documentation, intervention and consequences must take place before expulsion is an option. Additionally, parents (of bullies) often seek attorneys to keep their child in school. Lastly, in my experience, many parents of bullies minimize their child's behavior and blame other children (or the school) instead of setting boundaries for their child.

[iLdoRight]

10:09 PM on 05/07/2011

One could estimate the value of the loss of the education time and bill the parents through some legal process as one could if a child intentionally broke some school property

[intlspygirl]

06:22 PM on 04/22/2011

What happened to children earning privileges? In my experience, it seems as though children are just given responsibilities before they can handle them. There are too many "immature" children walking around with cell phones and unsupervised access to the internet. As a result, they use these technologies inappropriately.

The school should not be responsible for unreported events that occur off campus. Children handle situations in different ways, not all children show signs. Why aren't parents responsible for what their children post online? Numerous public service announcements and news stories advise parents to keep the computer in a public area instead of in children's bedrooms. Yet many parents use technology as a babysitter and abdicate their role as parent.

As an educator, I frequently contact parents and refer students to counseling when I suspect something is going on. In many cases, the parents I contact are in denial about their child. I understand parenting is a difficult job and that many within our society are single parents. However, parents have a responsibility to provide character education at home.

Those who lack the time and resources to parent effectively should delay parenthood instead of assuming the school and society will "pick up the slack".

[bnmusing]

05:31 PM on 04/21/2011

The school liability ends when the student arrives at home. PERIOD. As a career educator who dealt with bullying at school, on the playground, at the bus ramp etc., I firmly reject the notion that the school is responsible in ANY WAY, for what goes on IN THE HOME.

That is called PARENTAL RESPONSIBILITY!!!!

What is transparant in this case is that the PARENTS were "not at home" emotionally in their child's life. They did not know what was going on. That was THEIR FAILURE - sue the parents!!

[agness nutter]

03:28 PM on 04/23/2011

I've been wondering about all the animosity against teachers in the US. I never ran across a teacher with your attitude while my kids were in school, and I have to say, we were all very lucky.

[bnmusing]

05:37 PM on 04/23/2011

Sorry to disappoint you, but I was a decorated and highly respected educator, who was successful by all standards of the profession. Students from my first high school job in Florida still correspond with me. I have the evalutations and scrapbooks to back it up. I stand by my comment. The question is, was YOUR CHILD well parented.

Your reaction appears to be full of anger and extreme. You simply are shooting blindly. It is possible that you, yourself were not raised with firm discipline at an early age. That is usually the case when parents just don't get it.

The good news is that I received many positive responses to the comments.

[intellifran]

04:23 PM on 04/21/2011

Teachers and staff have been found to be repeatedly neglectful. You should be paying attention to your students and make sure there isn't a drastic change in behavior (could also be a sign of abuse in the home). How about you do more caring and make less excuses?

[bnmusing]

05:37 PM on 04/21/2011

You ask teachers to care; when daily they are seeing more and more students who are not be parented. Then, If the teacher steps in and disciplines a child - the Parents want to sue the teacher. And the courts won't back up the Principal or the School Board.

This is a vicious cycle that begins IN THE HOMES OF THE KIDS.

How odd, I never had to seriously discipline a child who had been RAISED RIGHT!! Usually a 'look' or "one word" would do it.

[intlspygirl]

01:33 PM on 04/23/2011

Caring educators do not take the place of involved parents. Many educators (especially in the elementary schools) go the extra mile for their students on a regular basis. We provide school supplies and money when children are unable to pay for fieldtrips and lunch. We spend unreimbursed time during weekends, summers and evenings to grade papers, communicate with parents and attend professsional development. Why are we expected to know more about a child than his/her parents?

Children spend an average of 35 hours in school; which leaves 133 hours at home. How about more caring and less excuses from parents? In my opinion, many of these social issues stem from instability within the home.

[dway2go]

11:24 AM on 04/21/2011

Thank you (again) to the courts... I get it now!
As a school administrator, I get my many thousands of students on my campus for 6-7 hours a day, Monday through Friday, but I am responsible for them 24/7, every word and every deed....... too bad ESP and surveillance isn't taught in education credential programs......

again the courts have allowed for further abdication of parental responsiblity.....

at what point will "we" education professionals be held responsible for the gestation, rearing, and every other aspect of "parenting"?

Bullying on school grounds is a school issue - during the "other" 18 hours a day (actually including what happens on school grounds) is a parental issue.

Time for parents to step up and parent once again....

[intellifran]

04:19 PM on 04/21/2011

Well maybe if school officials stepped up to the plate when they knew about incidents this wouldn't have happened. If you don't like it find another career. Parents are sick of entrusting their precious children into the hands of the incompetent and the indifferent.

[TFRP]

01:18 PM on 04/23/2011

intellifran - If you paid attention to all the people you are replying to you will notice that they are not talking about KNOWN bullying incidents. Of course known bullying incidents should be the responsibility of the school; however, all the posters are talking about how RIDICULOUS it is to hold schools responsible for bullying that they are NOT aware of including off campus bullying.

[vintagemom45]

05:45 AM on 04/21/2011

Many times students are bullied and don't report it to their teachers and/or school administration because of the fear of reprisal from the bullies, so how can the school be held reponsible for when they're unaware of the incident(s)? Parents and schools have to work together to prevent bullying, and I'm including the parents of the bullies because some bullies come from homes where a parent is a bully. All of this needs to be addressed and not put all of the reponsibility on the schools.

[intellifran]

04:21 PM on 04/21/2011

You can tell when a student in your class is the but of a joke or is being a target. Attitudes change and any person paying attention can tell.

[SangZe]

04:51 PM on 04/19/2011

Good idea. Let's start with our politicians.

[Gem Mayers]

06:55 PM on 03/20/2011

Are we as school administrators to be "big brother" , psychic? I am 100% against bullying but how the heck do we know it is happening, say, at the mall or on Katie's myspace account? And if we are to monitor this, then the schools better find money and quick, to hire more administrators so that one person can devote their precious hours to spying and snooping while other admin observe teachers, meet with parents, attend meetings, etc. http://3rseduc.blogspot.com

[Daoine]

05:52 PM on 03/29/2011

I'm with you, but then we're going to need lawyers anyway because we'll be accused of violating a student's rights to privacy. It's a no win situation.

[intellifran]

04:21 PM on 04/21/2011

How about you pay attention? Or how about you do something when you see an incident? What about whena student reports something? Teachers and staff have repeatedly found to be neglectful.

[CHAKRAS YOGA]

05:10 PM on 03/20/2011

Parents need to take responsibility for teaching children how to move through the world
http://www.elephantjournal.com/2010/10/letter-from-a-bully-marylee-fairbanks/

[2ewdee]

10:48 PM on 03/21/2011

Most parents are bullies, former bullies themselves, they are even in your own workplace existing (in the form of ) as adults. Putting the blame on who is responsible, the parents of the bullies is the management and treatment. Perhaps, these same parents found a way to belabor the teacher with their problem and they successful found useful scapegoats.

[Daoine]

05:53 PM on 03/29/2011

Proud to become your first fan!

[DeuxExMachina]

12:10 AM on 03/20/2011

This is not going to encourage good teachers to take up employment and help out in public schools with a reputation for bad academic results or trouble.

[kinger50]

04:59 PM on 03/19/2011

There are few "taboos" left in society. Why are teachers the last monitors of propriety in American socieity and everyone else absolved of responsibility, including parents? I think the courts should be responsible, not the schools. That makes about as much sense as this idea.

[Daoine]

06:07 PM on 03/29/2011

Education begins in the home before a child even begins to speak. Children learn to bully because those behaviors are taught and/or tolerated at home/school, and then later in the workplace.

It doesn't help that we are living in a society that likes to point fingers at everyone but ourselves. The missing link, or shall I say ONE of the missing links, is an effective partnership between home and school that works to support the child, even in disciplinary action. It doesn't have to be corporal punishment to be effective. But it DOES have to get their attention and make a valid point.

[kinger50]

04:57 PM on 03/19/2011

I think that school and faculty are not responsible for items that are put on the internet after school hours. This is a bizarre and desperate move to control students who are out of control outside of school.

[Daoine]

06:11 PM on 03/29/2011

I agree with you. But we're facing an onslaught of communication devices in the school building during school hours that can also be used to post bullying comments etc. when the student is expected to be actively engaged in academics. Without the support to limit access to cell phones etc. during the school day, we're going to see more and more of this happening during time when we're responsible for their behavior.

I'm wide open for suggestions on how to get students and parents alike to honor school "no cell phones on during the school day" policies.

[2ewdee]

11:48 PM on 03/18/2011

Bullying is rooted in the culture of society as it is alive and well in adults and just passed on to the kids. It is up to the parents, the parents of the bullies, to stop the bullies. It is unfortunate, that now, instead of one of two bullies, it is a whole class of bullies against one child.

[GlennWatson]

05:34 PM on 03/18/2011

I assume teachers will be getting raises along with all this new work and responsibility on the Net.

[Daoine]

06:12 PM on 03/29/2011

*smirk*

Thanks. I needed that. :)