LEGAL ISSUES
Cyberbullying, COVID-19, and the Law: An Ongoing Concern
By Charles J. Russo, JD, EdD With more
students online, district leaders
must be even more vigilant about
protecting them from bullying.
F
ew issues associated with student safety generate as much attention as bullying. An unanticipated nega- tive consequence of the COVID-19 pandemic has been the prevalence of cyber- bullying (Parker 2020; Velázquez 2020). In fact, one widely reported study by a group that tracks abusive online content revealed “a 70% increase in cyberbullying in just a matter of months” (Gordon 2020). Thus, although COVID-19 appears to be on the wane, being mindful of the need to remain vigilant in protecting students from cyberbullying is important.
Highlighting the extent of cyberbullying, the U.S. Department of Health and Human Services (HHS 2020) estimated—on the basis of 2019 data—that almost 16% of high school students were electronically bul- lied in the 12 months prior to the survey. The Centers for Disease Control and Pre- vention (CDC 2020) found that cyberbul- lying is highest in middle schools (33%), followed by high schools (30%), combined schools (20%), and primary schools (5%).
Cyberbullying
The U.S. Department of Health and Human Services defines “cyberbullying” as bully- ing that takes place over digital devices like cell phones and computers, and that occurs through text messages, apps, online social media, forums, or gaming where people can view, interact with, and share content (HHS 2020).
The HHS explains that cyberbully- ing—which typically involves social media platforms accessed on smartphones and tab- lets—differs from its in-person form in three important ways. First, given the 24-7 world of cyber-
space, wherein bullies and their victims can be online at any time, cyberbullying
asbointl.org
is a persistent presence that cannot easily be ignored. Second, once an individual hits “send” and transmits the message into cyberspace, the message is permanent. In other words, even if postings are eventually deleted from their original sites, others have seen and perhaps saved them or passed them on; they can take on lives of their own, continuing to harm victims. Third, because cyberbullying occurs in the relative privacy of personal communica- tions, it is hard to detect, monitor, or pre- vent the harm bullies inflict on their victims. Tragically, in addition to the psychological and reputational harms students experience, there is a disturbing connection between cyberbullying and suicide (CDC 2014). What motivates bullies? Bullies typi- cally lack social skills and may be victims of abuse at home. They have not learned to accept the consequences of their actions (Craig and Pepler 2007); are frequently, but not always, aggressive or easily frustrated; have difficulty following rules; and view vio- lence in a positive way (HHS 2018). Research further suggests that bullies often select their victims randomly or on the basis of personal characteristics and physi- cal appearances, including race, ethnicity, national origin, dress, size, gender, disabil- ity, religion, sexual orientation (actual or perceived), whether they have friends and are accepted by others, and family socioeco- nomic status (HHS 2018). To the extent that board policies address the underlying causes of bullying, they can help eliminate cyber- bullying in and around schools.
State Cyberbullying Laws
Currently, all 50 states, the District of Columbia, and Puerto Rico have enacted combinations of statutes and policies on
SCHOOL BUSINESS AFFAIRS | JULY/AUGUST 2021 41
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