Topic: Cyberbullying

Professional Field: School Counseling

Why did I choose this topic?

In my professional opinion, cyberbullying is a prevalent issue facing students in schools, primarily middle and high school. I choose this topic because as a current educator I have seen the grave effects that is has on students. Last year I had a student who was suicidal and would self harm due to cyberbulling, therefore this issue is one that I am passionate about. 

Federal Agencies:

American Counseling Association, and the American School Counselor Association

^{The Texas Education Agency, American Counseling Association, and the American School Counselor Association are all responsible for ensuring that school counselors adhere to certain standards from preventing cyberbullying to breaching confidentiality in certain circumstances. School counselors are held to a higher standard regarding their absolute duty as a mandated reporter to report suspected child abuse and neglect or if the child is a danger to themselves or others.}

^{TX Penal Code § 42.07 (2023)}

• ^{Texas’s criminal harassment statute can be enforced if cyberbullying violates this penal code}

^{https://statutes.capitol.texas.gov/StatutesByDate.aspx?code=PE&value=42.07&date=7/18/2015}

Federal Constitutional Law

^{At a federal level, there are no specific laws that cover cyberbullying. Instead, there are broader laws that protect individuals.}

• ^{U.S. Const. amend. 1: The First Amendment protects the right to freedom of speech and expression. This can be relevant in cases where a student's communication with a school counselor involves expression of beliefs or opinions that might be protected by the First Amendment.}

^{It's important to note that these constitutional laws are general. However, the specific application of these principles will depend on the particular circumstances of each case.}

^{https://constitution.congress.gov/browse/amendment-1/#:~:text=First%20Amendment%20Fundamental%20Freedoms,for%20a%20redress%20of%20grievances}

^{https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm}

31 U.S. Code § 6711 - Prohibited discrimination: No person in the United States shall be excluded from participating in, be denied the benefits of, or be subject to discrimination under, a program or activity of a unit of general local government because of race, color, national origin, or sex if the government receives a payment under this chapter.

^{https://www.law.cornell.edu/uscode/text/31/6711#:~:text=No%20person%20in%20the%20United,a%20payment%20under%20this%20chapter.}

^{Outcome: The Court held that schools may also regulate speech that “materially disrupts classwork or involves substantial disorder or invasion of the rights of others.” The court established that schools may regulate student speech in 3 circumstances:}

^{(1) indecent, lewd, or vulgar speech on school grounds}

^{(2) speech promoting illicit drug use during a class trip}

^{(3) speech that others may reasonably perceive as “bear[ing] the imprimatur of the school,” such as that appearing in a school-sponsored newspaper.}

^{Cyberbullying is defined by the use of digital devices with the intention to cause harm using words. These words are a form of speech, therefore the First Amendment is taken into account. Due to the precedent set forth by Tinker, cyberbullying would fall under the (1) circumstance.}

^{https://statutes.capitol.texas.gov/docs/PE/htm/PE.42.htm}

Counselors are accurate, honest, and objective in reporting their professional activities and judgments to appropriate third parties, including courts, health insurance companies, those who are the recipients of evaluation reports, and others.

Report to administration and/or appropriate authorities (e.g., law enforcement) when a student discloses a perpetrated or a perceived threat to another person’s physical or mental well- being. This threat may include but is not limited to verbal abuse, physical abuse, sexual abuse, dating violence, bullying or harassment. The school counselor follows applicable federal and state laws and school and district policy.

The ACA (2014) Code of Ethics applies to cyberbullying because it gives explicit guidelines to school counselors on how to handle certain situations. In the case of cyberbullying, a school counselor has the legal responsibility to report to administrators and/or appropriate authorities if a student discloses that they intend to harm another student or themselves.

1. ^{Clear Policies and Procedures: Develop comprehensive policies and procedures that clearly outline the school counselor's obligations regarding how to handle cyberbullying}

   
   

2. ^{Regular Training: Ongoing training to school counselors/staff on ethical standards, cyberbullying laws, and the importance of protecting student privacy.}

3. ^{Response: Develop a clear and concise plan for responding to cyberbullying incidents, including steps to investigate, document, and address the situation.}

^{“Examples of corrective action may include a training program for the individuals involved in the complaint, a comprehensive education program for the school community, follow-up inquiries to determine if any new incidents or any instances of retaliation have occurred, involving parents and students in efforts to identify problems and improve the school climate, increasing staff monitoring of areas where bullying has occurred, and reaffirming the District’s policy against bullying.”}

I learned that there are many laws from state to federal to administrative that cover cyberbullying; not always explicitly, but within a broader context. 

Laws are created to be broad in order to ensure their adaptability and effectiveness in an ever changing society. As a future school counselor, it is essential that I understand how laws change and how they can be applied to a variety of situations on a variety of levels. 

• ^{Clear Definitions, Consequences, reporting procedure, and investigation process}

^{2. Educate and Train}

• ^{Students, staff, and parents. Each group should be trained on identifying the signs of bullying, the dangers, and the consequences}  

^{3. Implement Technology Tools}

• ^{Monitoring: Use technology tools to monitor student activity online}

^{4. Investigate and Address Incidents}

• ^{Prompt investigation, collect evidence, and support the victim} 

^{5. Collaborate with Human Resources/appropriate agency} 

• ^{Referral process streamlined with Human Resources} 

^{6. Stay Updated on Laws and Regulations}

• ^{Stay informed about federal and state laws related to cyberbullying}