We spend a lot of time with our students working on behavior expectations, both in person and online. Much of it is proactive, but unfortunately, sometimes it is reactive.
As is posted on our website, we have an Anti-Bullying Policy that includes cyberbullying. The Policy applies to conduct in a classroom or elsewhere on school premises, on a school bus or other school vehicle, at school-sponsored activity or event regardless of where it is held. It also includes other places if a district device is used.
Too often, we hear about claims of cyberbullying that happens outside of school, on a non-school device. That does not make the incident any less concerning or important, but it does impact how a school is legally allowed to respond and potentially assign discipline consequences. This is because students have more free speech rights off campus than they do on campus. This is certainly frustrating for students and their parents/caregivers.
The one case about off campus student speech that has made it to the U.S. Supreme Court unfortunately did not give us much guidance on what we are allowed to do in specific situations. A few reasons for this, according to the Court, are: 1) when students "speak" in school, we stand in your place, as the adults in charge during the day; outside of school, the Court believes that consequences generally should come from parents; and 2) if schools are allowed to punish speech outside of school, it could give us 24/7 control over their rights, and the Court is not fond of that idea.
The two areas in which we may have some disciplinary leeway (although yet untested) are: 1) serious or severe bullying or harassment targeting particular individuals; or 2) threats aimed at teachers or other students (If a student makes a threat aimed at a teacher or another student, we have a process in place - our behavior risk assessment; however, that does not involve discipline). Regardless, state criminal laws could apply as well, but that would be a decision for the police/prosecutor.
There is no specific definition for "serious or severe bullying or harassment." Generally in the law, though, "serious" typically means significant, weighty, or momentous, and "severe" means intense, with disastrous consequences. If we are made aware of a situation that fits one of these definitions, our plan is to check with the district's law firm for advice on how to proceed.
Again, any situation in which you feel your child's physical or mental health is at risk is important to us. We know that when the brain is in fright or flight mode, learning cannot occur. More importantly, school needs to feel like, and actually be, a safe place. Unfortunately, in some instances, our hands are tied when it comes to assigning disciplinary consequences.
