Padlet Legal Guide by Claudia Trevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp Cyber-Bullying en-us 2020-09-26 01:03:16 UTC 2020-09-26 16:12:25 UTC hello@padlet.com Resource ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781042352 2020-09-26 02:03:44 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781042352 Citation ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781050466 Vitelli, R. (2016, April 06). Does technology make bullying easier? New research takes a closer look at cyberbullying and harassment. Retrieved from https://www.psychologytoday.com/us/blog/media-spotlight/201604/does-technology-make-bullying-easier]]> 2020-09-26 02:16:32 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781050466 Professional Perspective/Audience/Topic ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781050653 As a high school social studies teacher, the professional perspective for cyberbullying is that it has a negative emotional and academic impact on students' lives. This padlet presents high school teachers with resources, contact information to professional associations, and explanations of legal and ethical cyberbullying responsibilities. This padlet also offers recommendations for best-practices on preventing, handling, and reporting cyberbullying along with current issues regarding this topic. 
The topic of cyberbullying was chosen because of the impact technology has today on younger individuals' lives. Vitelli (2016) explains that there is a dark side to younger people having access to new communication technologies and can have a devastating impact on cyberbullying victims. Teaching during the COVID-19 pandemic and engaging in distance learning has brought new awareness to cyberbullying. Cyberbullying is an important issue, especially now that students are using online communication more than ever. Educators need to be aware of their legal responsibilities, reporting requirements, responses to, and how to prevent cyberbullying.  

]]> 2020-09-26 02:16:54 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781050653 Interview ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781068333 Patricia Stacey is an English teacher at a local high school in El Paso, Texas, and is beginning her eighth year with online instruction. The topic of discussion for this interview was cyberbullying.
 
The teacher explained her frustration with cyberbullying by stating, "I feel powerless and unprepared for protecting my students" (P. Stacey, personal interview, September 19, 2020). This legal guide topic is vital in education because teachers play an essential role in preventing, recognizing, and reporting cyberbullying. Cyberbullying is becoming more prevalent in the daily lives of students as they engage in distance learning. Spending so much time online can leave students vulnerable to cyberbullying attacks, which harm their emotional and academic well-being.  
 
A few of the best practices that Stacey (personal interview, September 19, 2020) shared in this interview are:
  • Teachers need to attend and actively engage in school's yearly safety training when in person and cyberbullying are discussed.
  • Using a syllabus to review consequences for students that engage in cyberbullying can help discourage and hopefully prevent it from occurring. 
  • Request that schools invest more time and effort in training that informs educators of cyberbullying, how to prevent it, and, most importantly, what to do when they witness it. 
 
Transitioning to distance learning has had a significant impact on the daily lives of young individuals. Stacey (personal interview, September 19, 2020) discusses that educators need to practice disabling student-to-student interaction on various learning platforms to prevent cyberbullying. Although the teacher was unaware of any current or pending legislation related to cyberbullying, she explained that she "wouldn't doubt it considering this is the main way students communicate with one another" (P. Stacey, personal interview, September 19, 2020). Most of her high school students engage in online instruction with little to no adult supervision, causing them to be susceptible to cyberbullying and possibly even instigating it (P. Stacey, personal interview, September 19, 2020).
]]> 2020-09-26 02:48:12 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781068333 Link ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781073377 Senate Ed hearing includes home-rule, bullying bills]]> 2020-09-26 02:56:24 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781073377 Link ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781097562 Texas classroom teachers association: About us]]> 2020-09-26 03:41:11 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781097562 Citations ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781098690 Senate Ed hearing includes home-rule, bullying bills. (2011, June 01). Retrieved from https://tcta.org/node/12694

Texas classroom teachers association: About us. (2020). Retrieved from https://tcta.org/about_us]]> 2020-09-26 03:43:35 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781098690 Professional Association ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781099604 Texas Classroom Teachers Association (TCTA) is a nonprofit teacher community representing educators involved in classroom teaching or teaching support (Texas classroom teachers association, 2020). This association represents Texas teacher issues such as cyberbullying "at the federal and state levels" and provides updated information on hearings and introduction of legislation that impacts educators (Texas classroom teachers association, 2020, para.4). TCTA testified at a Senate Education Committee hearing that focuses on cyberbullying and is pushing to eliminate a legal provision that jeopardizes a teacher liability immunity (Senate Ed hearing includes home-rule, bullying bills, 2011). ]]> 2020-09-26 03:45:31 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781099604 Link ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781127355 2020-09-26 04:45:11 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781127355 Citation ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781128206 Barack, L. (2020, August 05). Navigating cyberbullying more difficult amid COVID-19, but there are options. Retrieved from https://www.educationdive.com/news/navigating-cyberbullying-more-difficult-amid-covid-19-but-there-are-option/582771/]]> 2020-09-26 04:47:17 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781128206 Current News Article: Navigating cyberbullying more difficult amid COVID-19, but there are options ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781128458
  • This article advises educators to limit student camera usage during live sessions and utilize the digital citizenship curriculum (Barack, 2020).
  • Barack (2020) explains the challenge kids face when informing adults that they are victims of cyberbullying because their first instinct is to take the technology away from the victim to prevent cyberbullying. 
  • According to Per Research Center, 53% of adults have said that the internet "has been essential to their lives since COVID-19 hit" (Barack, 2020, para. 3). Students' access to the internet is not only to socialize but to engage in distance learning. 
  • There has been a 70% increase in hate speech, according to Barack (2020), now that students have transitioned to distance learning.
  • When teachers force students to keep their cameras on, they "create a situation that lends itself to bullying" (Barack, 2020, para. 7).
  • Common Sense Education provides a free digital citizenship curriculum for educators and includes cyberbullying prevention and intervention tips (Barack, 2020). 
    • ]]>     2020-09-26 04:47:37 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781128458     Link ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781128930 2020-09-26 04:48:42 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781128930 Citation ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781129129 Wolfe, E., & Ahmed, S. (2019, October 17). A new anti-cyberbullying campaign sends participants messages inspired by ones sent to real victims. Retrieved from https://www.cnn.com/2019/10/17/health/anti-bullying-psa-monica-lewinsky-epidemic-video-wellness-trnd/index.html]]> 2020-09-26 04:49:10 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781129129 Current News Article: A new anti-cyberbullying campaign sends participants messages inspired by ones sent to real victims ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781129371
  • In this CNN article, Wolfe and Ahmed (2019) report a public service announcement produced by Monica Lewinsky. 
  • A video allows viewers to watch and experience cyberbullying firsthand. Viewers provide their phone number and receive texts "inspired by actual messages that real-life victims of cyberbullying" had endured (Wolfe & Ahmed, 2019, para. 3). 
  • Wolfe and Ahmed (2019) discuss that cyberbullying should be referred to as a "public health crisis" due to its occurrence in the daily lives of young individuals (para. 4).
  • The article ends by emphasizing that a public service announcement is not enough to reduce bullying and brings attention to the lack of effective cyberbullying reduction programs in the United States (Wolfe & Ahmed, 2019).
    • ]]>     2020-09-26 04:49:42 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781129371     Reference ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781171642 Hudson, D. L., Jr. (2009). Cyberbullying. Retrieved from https://www.mtsu.edu/first-amendment/article/1581/cyberbullying]]> 2020-09-26 06:37:22 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781171642 Link ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781171714 2020-09-26 06:37:34 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781171714 Citation ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781171837 U.S. Const. amend. I.]]> 2020-09-26 06:37:55 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781171837 Constitutional Law ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781171928
  • The first amendment of the United States Constitution states that "Congress shall make no law...abridging the freedom of speech" (US Const. amend. I). 
  • Limitations to this guaranteed right have become a significant school safety issue. 
  • Hudson (2009) explains that cyberbullying presents First Amendment problems because acts regularly criminalize speech, and the wording in some laws and regulations are vague.
    • ]]>     2020-09-26 06:38:13 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781171928     Link ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781175040 2020-09-26 06:46:31 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781175040 Citation ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781175161 Texas Education Code, § 37.0832, 2017]]> 2020-09-26 06:46:51 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781175161 Statutory Law ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781175265
  • Bullying that hinders a student's education through electronic devices is cyberbullying (TEC § 37.0832). 
  • Stopping and preventing this type of bullying can be challenging because it may occur on and off school property (TEC § 37.0832). 
  • State law has required all school districts to adopt and implement policies and procedures regarding cyberbullying (TEC § 37.0832). 
  • This statutory law impacts all Texas educators because cyberbullying of a student is prohibited and teachers are expected to immediately report it if ever witnessed (TEC § 37.0832).
    • ]]>     2020-09-26 06:47:10 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781175265     Citation ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781181758 Charter School. (2020). Employee Handbook for 2020-2021. ]]> 2020-09-26 06:58:57 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781181758 Local Administrative Law ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781181908
  • A local charter school's anti-bullying policy applies to cyberbullying that occurs off school property and non-school-related activities (Employee Handbook, 2020). 
  • The charter school is not allowed to impose discipline on a reasonably self-defending student due to being a victim of cyberbullying (Employee Handbook, 2020). 
  • Educators are required to report to the principal if they believe in having experienced or witnessed cyberbullying immediately (Employee Handbook, 2020).
    • ]]>     2020-09-26 06:59:15 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781181908     Link ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781187541 2020-09-26 07:12:14 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781187541 Citation ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781187834 Report Cyberbullying. (2018, February 08). Retrieved from https://www.stopbullying.gov/cyberbullying/how-to-report]]> 2020-09-26 07:12:53 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781187834 Link ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781201973 2020-09-26 07:47:49 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781201973 Reference ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781202119 Hinduja, S., & Patchin, J. W. (2015). Cyberbullying legislation and case law: Implications for school policy and practice. Cyberbullying Research Center, 1-3. Retrieved from https://cyberbullying.org/cyberbullying-legal-issues.pdf]]> 2020-09-26 07:48:14 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781202119 Citation ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781202184 Zeno v. Pine Plains Central School District, 702 F.3d 655 (2012)]]> 2020-09-26 07:48:23 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781202184 Judicial Law ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781202645
  • A high school student was harassed and threatened in New York for numerous years (Hinduja & Patchin, 2015).
  • The school disciplined the students responsible but did not take any further action to prevent it from recurring.
  • The student then sued, and the court determined that the school was "deliberately indifferent" in its actions to protect the student from continued harassment (Zeno v. Pine Plains, 2012). 
  • Punishing students that are cyberbullying others is no longer enough. Schools are now required to ensure that the bullying stops and that the "person targeted is safe" (Hinduja & Patchin, 2015, p. 3).
    • ]]>     2020-09-26 07:49:37 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781202645     Link ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781208352 2020-09-26 08:06:11 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781208352 Citation ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781208475 Texas Essential Knowledge and Skills for Career and Technical Education, 19. Tex. Admin. Code § 130.302]]> 2020-09-26 08:06:31 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781208475 Administrative Law (State) ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781208588
  • According to the Texas Essential Knowledge and Skills for Career and Technical Education, students are expected to use "emerging technology to exchange information" (19 TAC §130.302).
  • Students must explain important internet safety issues, such as cyberbullying (19 TAC §130.302).
    • ]]>     2020-09-26 08:06:52 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781208588     Link ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781214765 2020-09-26 08:22:05 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781214765 Citation ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781214987 Educators’ Purpose and Scope, 19 Tex. Admin. Code § 247.1.]]> 2020-09-26 08:22:32 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781214987 Ethical Principle ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781215098 Educators in Texas must comply with standard practices and ethical conduct toward students (19 TAC § 247.1). These educators are not allowed to neglect a student or minor by knowingly leaving them in a situation where imperiled to any mental harm, such as cyberbullying (19 TAC § 247.1).]]> 2020-09-26 08:22:44 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781215098 Non-Law Source ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781480674 Report Cyberbullying (2018) is a non-law source that provides educators with helpful information and links to learn about cyberbullying, methods to prevent it, and how to report it. This website defines what cyberbullying is and its tactics. Educators can use this website to learn how to prevent cyberbullying and understand why documentation is essential. The website includes specific links that provide helpful teacher tips for identifying children that are being cyberbullied or are cyberbullying (Report Cyberbullying, 2018).]]> 2020-09-26 15:54:15 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781480674 Link ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781482204 Report Cyberbullying]]> 2020-09-26 15:56:21 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781482204 Link ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781483019 Cyberbullying: Overview and Resource Guide]]> 2020-09-26 15:57:24 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781483019 References ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781483450 Educators’ Purpose and Scope, 19 Tex. Admin. Code § 247.1
     
    Gage, E. (n.d.). Cyberbullying: An overview for parents, teachers and students + resource guide. Children’s Craniofacial Association, 1-4. Retrieved from http://lookatus.org/wp-content/uploads/2016/01/Cyber-Bullying_one-sheet.pdf
     
    Report Cyberbullying. (2018, February 08). Retrieved from https://www.stopbullying.gov/cyberbullying/how-to-report
     
    Texas Education Code, § 37.0832, 2017
    ]]>     2020-09-26 15:58:00 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781483450     Recommendations & Best Practices for Compliance ctrevizo https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781483913 Legal and Ethical Compliance
    • Cyberbullying must immediately be reported to the campus principal if a teacher witnesses or experiences it (TEC § 37.0832).
    • A teacher may not neglect a student or minor by knowingly leaving them in a situation that may expose them to any mental harm, such as cyberbullying (19 TAC § 247.1.).
     
    Educational Practice
    • Educators need to be knowledgeable and observant (Gage, n.d.)
    • Set positive norms regarding student behavior on and off-campus (Gage, n.d.)
    • Involve students and parents by establishing buddy systems, safety teams, and anti-bullying task forces (Gage, n.d.).  
     
    Distance Learning Application
    • Disable student-to-student interaction on learning platforms to prevent cyberbullying (P. Stacey, personal interview, September 19, 2020).
     
    How to Respond
    • Advise the student not to respond or forward any cyberbullying messages and, if possible, block the individual (Report Cyberbullying, 2018).
    • Documentation is pertinent and should include the date and time of occurrence and keep hard copies of any evidence (Report Cyberbullying, 2018).
    • Avoid joint meetings between a bullied student and the one who is bullying (Gage, n.d.).
    ]]>     2020-09-26 15:58:33 UTC https://padlet.com/ctrevizo/mbjv9zrjx56v2ewp/wish/781483913