LEGAL ISSUES


4. Policies must include due pro- cess protections for bullies and their victims by —Identifying several staff members to whom students can report alleged cyberbul- lying anonymously.


—Specifying the steps to be fol- lowed and those responsible for conducting investigations into alleged cyberbullying within set time frames.


—Reminding educators that they can face legal liability for being deliberately indif- ferent if they fail to conduct proper investigations and respond to incidents of cyberbullying.


—Protecting the due process rights of the accused; allega- tions are nothing more than that unless or until they are substantiated. Along with setting deadlines by which investigations must occur, policies must establish time lines for filing appeals, iden- tifying with whom they are filed, and detailing how they are to be resolved.


—Affording students accused of cyberbullying, and their parents, the opportunity to meet with school officials when they face disciplinary sanctions.


—Keeping proceedings confidential.


—Identifying a range of pro- gressive penalties—consistent with disciplinary procedures in student handbooks—for first, second, and repeat offenders, ranging from ver- bal warnings, after-school detentions, and parental con- ferences to possible suspen- sions or expulsions. Policies should make it clear that students can receive signifi- cant sanctions even on first offenses if their actions war- rant such discipline.


—Considering reporting events to law enforcement


asbointl.org


authorities if there is evi- dence that cyberbully- ing incidents are criminal violations.


5. School boards should provide professional development for teachers and staff to help them identify and address cyberbul- lying. Sessions should identify intervention strategies while educating staff to recognize the warning signs that students may be at risk of suicide or need counseling after having been cyberbullied.


6. School boards should include age-appropriate instruction about cyberbullying in curri- cula at all levels of schooling in health classes, in small-group peer or individual counseling sessions, and at school assem- blies to educate students about the potential long-term ramifica- tions of cyberbullying.


7. Because students may be reluctant to speak with adults, boards should develop peer intervention programs to help students manage cyberbullying incidents.


8. School boards should offer educational programs for par- ents and community members to help them better understand cyberbullying and how to respond to it. Programs should include materials about cyber- bullying and the importance of monitoring their children’s online activities.


9. School boards should make counseling available to victims and their families through school and community service agencies to help overcome the effects of cyberbullying.


10. As with other policies, boards should review their anti-bullying provisions annually—typi- cally between school years, not during or immediately after controversies—to ensure that they are up-to-date with best educational practices, as well


as developments in state and federal law.


Conclusion


Unfortunately, despite the best efforts of educators, bullying is often dismissed as “kids being kids.” How- ever, educators and parents cannot allow cyberbullying or its in-person counterpart to continue. By adopting policies to protect students, educa- tion leaders help maintain safe and orderly learning environments for all children.


References


CDC (Centers for Disease Control and Prevention). 2014. The relationship be- tween bullying and suicide: What we know and what it means for schools.


———. 2020. Preventing bullying, fact sheet.


Craig, W. M., and D. J. Pepler. 2007. Un- derstanding bullying: From research to practice. Canadian Psychology 48 (2): 86–93.


Dunkley v. Board of Education of the Greater Egg Harbor Regional High School District, 216 F. Supp.3d 485 (D.N.J. 2016).


Gordon, S. 2020. Research shows rise in cyberbullying during COVID-19 pan- demic. Verywell Family, August 2.


HHS (U.S. Department of Health and Hu- man Services). 2018. Who is at risk.


———. 2020. What is cyberbullying.


J.S. v. Manheim Township School District, 231 A.3d 1044 (Pa. Commw. Ct. 2020), 243 A.3d 971 (Pa. 2021).


Parker, R. 2020. Special report: Cyberbul- lying in the age of COVID-19. Cyberwise. org, October 20.


People v. Khan, 127 N.E.3d 592 (Ill. App. Ct. 2018).


Velázquez, M. 2020. Cyberbullying is on the rise during COVID-19 pandemic. Metro World News, November 20.


Wynar v. Douglas County School District, 728 F.3d 1062 (9th Cir. 2013).


Charles Russo, legal issues liaison for ASBO’s Education Committee, is Joseph Panzer Chair of Education in the School of Education and Human Services (SEHS), director of SEHS’s doctorate program in educational leadership, and research professor of law at the Univer- sity of Dayton in Ohio. Email: crusso1@ udayton.edu


SCHOOL BUSINESS AFFAIRS | JULY/AUGUST 2021 43


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