NCJ Number
223046
Journal
International Journal of Cyber Criminology Volume: 1 Issue: 1 Dated: January 2007 Pages: 76-118
Date Published
January 2007
Length
43 pages
Annotation
This paper examines the current absence of policy regarding schools' legal obligation to monitor and supervise student communications, so as to prevent and intervene in "cyber bullying," which is the use of in-school, student-to-student degrading, threatening, and/or sexually explicit messages and images via cell phones, e-mail, and chatrooms.
Abstract
Although many aspects of cyber bullying are criminal under existing law, and would therefore be subject to prosecution if brought to the attention of the police (threats of violence, criminal coercion, terrorist threats, stalking, hate crimes, child pornography, and sexual exploitation), this paper focuses on the institutional responsibilities of schools and Internet providers in deterring and preventing such student behavior. By reviewing established and emerging law on school obligations to prevent cyber bullying, this paper cites a need for guidelines that would help schools adopt educational means to prevent and reduce cyber bullying. The authors draw on a body of emerging research about cyber bullying and provide background on the forms and conditions of bullying in general, followed by an explanation of how cyber bulling differs from other bullying mechanisms. Next, the paper reviews and analyzes relevant case law in identifying applicable legal standards for schools, both in Canada and the United States. This international focus is needed because cyber bullying quickly crosses jurisdictional boundaries rarely encountered in other school issues. The paper concludes with recommendations for the development of legal boundaries in cyber space regarding school responsibilities. The recommendations encourage the development of informed guidelines for the implementation of inclusive, educational, and legally defensible policy approaches to cyber bullying. The recommendations focus on policy development; research, teacher education, and professional development; interactive online educational programs; and student empowerment and critical thinking. 94 references