Educator Searches of Private Student Social Media Profiles: The Illinois Experiment

Posted by Justin W. Patchin on January 22, 2015

30719564Last summer, Illinois (somewhat quietly) passed a new bullying law that took effect on January 1, 2015. The law includes language similar to at least 13 other states which makes it clear that schools have the authority to discipline students for cyberbullying that occurs off campus (and outside of a school-sponsored activity), when such behavior substantially disrupts its educational processes or orderly operation. This has been the long-held federal standard and I was happy to see Illinois moving in the right direction (see also, Minnesota’s recent update).

About the time this law was signed by the governor of Illinois, a former educator from that state told me about another aspect of the law that seemed to permit educators to demand passwords to private social media profiles of students suspected of inappropriate online behaviors impacting the school. I looked into it more, and it turns out that this comes from a separate law that actually took effect on January 1, 2014 (over a year ago). The 2015 law perhaps amplified the implications of the earlier provision with its focus on off-campus behaviors. But why did it take so long for the public to notice it?

Illinois Law

The controversial law begins with a provision that appears to expressly prohibit schools from requesting password information from students or parents:

“(a) It is unlawful for a post-secondary school to request or require a student or his or her parent or guardian to provide a password or other related account information in order to gain access to the student’s account or profile on a social networking website or to demand access in any manner to a student’s account or profile on a social networking website.”

But when one reads more closely, the law also seems to create a loophole that would apparently allow educators to demand passwords in special circumstances (or at least not prohibit it):

“(d) This Section does not apply when a post-secondary school has reasonable cause to believe that a student’s account on a social networking website contains evidence that the student has violated a school disciplinary rule or policy.”

So which is it? Can schools request (or demand) this personal information or not?

Federal Law

It is true that students do have different privacy expectations while at school. Courts have allowed school officials to search for weapons or drugs in school-owned lockers, for example. They’ve also supported the school’s ability to “search” a student for drug use by randomly testing student athletes or others involved in extracurricular activities.

In New Jersey v. T.L.O. (1985), the U.S. Supreme Court addressed school searches of student-owned property at school. The Court specifically examined whether a school official can search a student’s purse when there is reasonable suspicion that the purse contained evidence of a violation of school policy (in the case of T.L.O., cigarettes). The Court affirmed that “Schoolchildren have legitimate expectations of privacy…But striking the balance between [that] and the school’s equally legitimate need to maintain an environment in which learning can take place requires some easing of the restrictions to which searches by public authorities are ordinarily subject.” In short, “The legality of a search of a student should depend simply on the reasonableness, under all the circumstances, of the search.” Ultimately the Court supported the search of the purse, ruling that it was reasonable given what was known.

Student Searches in the 21st Century

I’ve previously analyzed the case law as it relates to searches of student-owned cell phones, and wrote about lessons that can be learned from the 2014 Supreme Court case Riley v. California which restricts law enforcement access to cell phones. All things considered, I think it is safe to conclude that courts are generally inclined to err on the side of privacy, for students and others, when it comes to prying into personal digital data and private profiles. Students do generally have an expectation of privacy when it comes to the content of their private profiles, but exigent circumstances could mean that access to the profile would be warranted. If, for example, a reliable student reports to school officials that a classmate has made a bomb threat online or is talking of suicide, then time is of the essence and I suspect the courts would allow educators or the police to demand the necessary information for their investigation.

But what if a student posts the answers to an exam on a private profile? Or criticizes a teacher or teases a classmate? These behaviors surely “violate a school’s disciplinary rule or policy,” but are they covered by the law?

Last year a Minnesota school agreed to pay $70,000 in damages (without admitting liability) to settle a lawsuit in which they were accused of invading a sixth-grader’s privacy by demanding that she turn over the passwords to her email and Facebook profile. Originally, the student was given detention and forced to write a letter of apology for making disparaging remarks online about an adult hall monitor. When she returned to Facebook to vent her frustration and try to find out “who the F%$#” told on her, she was suspended (in-school) for insubordination. In a later incident, someone reported to the school that this same student had been communicating online with a classmate in a sexually inappropriate way. When interviewed by a counselor at the school, she admitted to saying “naughty” things to the classmate, but that it was off-campus and after school hours. School officials and a police officer then demanded her Facebook and email passwords so they could look into it. She initially refused, but school officials threatened her with detention and she eventually complied.

It’s important to acknowledge that the outcome of this case was a settlement, not a court order. So we really don’t know how a judge or jury would have felt about this. I personally think that the school was well within its rights to discipline the student for the inappropriate online comments about the hall monitor and the subsequent insubordination. Where the school went astray, in my opinion, was when they forced the student to turn over her passwords without evidence of a substantial disruption of the learning environment or an imminent threat to herself or others. It is unreasonable for a school, or police officer, to demand access to private communications absent that standard. If a social media profile is open to the public, however, then it is very likely fair game for anyone to review. But just because schools can look, doesn’t mean they should.

So Where Does This Leave Us?

The Illinois law has gained notoriety at a time when at least a dozen other states have enacted legislation to prohibit employers or universities from demanding passwords from employees or students. If nothing else, Illinois is clearly bucking the trend. That said, this law has apparently been on the books for over a year, and yet I am not aware of any schools that have attempted to apply it.

If I were a parent and a school official demanded that my child turn over the password to their private online profile, I would refuse to do so without a police officer and a warrant. Of course if there was legitimate cause for concern about the safety of my child or another, I would immediately review the profile myself, with my child, to evaluate the potential threat. Relevant information would then be turned over to the authorities as appropriate. I would also remind my children to double-check to make sure that all of their social media profiles are restricted so that only those they accept as friends or followers can view the information (i.e., that they are set to “private”). They should similarly ensure their cell phone is locked with a passcode.

If I were an educator, I would be extremely cautious when it comes to situations where I might invade a student’s privacy. Again, the law does give schools some latitude here, but schools really need to make the case for why the intrusion is necessary given the circumstances. If I had a bona fide concern about the safety of a student or staff member, it would be worth the risk. Short of that, I’m not sure. What is “reasonable” to one person might not be to another. And if that other person is a judge, it could spell trouble for the school. If you are an educator in Illinois who is dealing with the implications of this, or have an example you’d be willing to share, I’d be interested in your thoughts and experiences. I have no doubt that this law will eventually be a challenged. Here’s hoping it doesn’t involve you or your school.

Cyberbullying Activity: Research

Posted by Justin W. Patchin on December 1, 2014

By Justin W. Patchin and Sameer Hinduja

Use this Cyberbullying Research activity to help your students better understand the nature and extent of cyberbullying behaviors.

Patchin, J. W. & Hinduja, S. (2014). A Leader’s Guide to Words Wound. Minneapolis, MN: Free Spirit Publishing.

Download PDF

You can also download the complete (and free!) Leader’s Guide to Words Wound by clicking here.

Cyberbullying Activity: Laws

Posted by Justin W. Patchin on

By Justin W. Patchin and Sameer Hinduja

Use this activity to help your students learn about laws related to bullying and cyberbullying.

Patchin, J. W. & Hinduja, S. (2014). A Leader’s Guide to Words Wound. Minneapolis, MN: Free Spirit Publishing.

Download PDF

You can also download the complete (and free!) Leader’s Guide to Words Wound by clicking here.

Cyberbullying Activity: Crossword Puzzle

Posted by Justin W. Patchin on

By Justin W. Patchin and Sameer Hinduja

Use this Crossword Puzzle activity to introduce students to important concepts related to cyberbullying and Internet safety.

Patchin, J. W. & Hinduja, S. (2014). A Leader’s Guide to Words Wound. Minneapolis, MN: Free Spirit Publishing.

Download PDF

You can also download the complete (and free!) Leader’s Guide to Words Wound by clicking here.

Cyberbullying Activity: Word Find

Posted by Justin W. Patchin on

By Justin W. Patchin and Sameer Hinduja

Use this Word Find activity to introduce students to important concepts related to cyberbullying and Internet safety.

Patchin, J. W. & Hinduja, S. (2014). A Leader’s Guide to Words Wound. Minneapolis, MN: Free Spirit Publishing.

Download PDF

You can also download the complete (and free!) Leader’s Guide to Words Wound by clicking here.

The Case for Including Intent in a Definition of Bullying

Posted by Justin W. Patchin on November 26, 2014

36725556Last week I presented at the International Bullying Prevention Association’s annual conference in San Diego, CA. This was the second time that I have participated in this event, and both experiences were enjoyable and educational. The attendees (over 700 strong this year) are generally very interested in the work that we are doing at the Cyberbullying Research Center, and the other presenters are uniformly among the best in the business.

The conversations that occur between the formal presentations are just as enlightening and thought-provoking as anything within the scheduled sessions. Talking with attendees and other speakers sparks insights about issues we are working on and allows us to view our research and writings from the perspective of informed others. It was a couple of these conversations that sparked my interest in writing this post.

Right before my first presentation, I got to talking with Stan Davis about how bullying is defined and specifically whether intent was a necessary component. Most definitions include this element, and ours is no different. Specifically, we define cyberbullying as “willful and repeated harm inflicted through the use of computers, cell phones, or other electronic devices.” Like most others, we argue that to be considered bullying, the behavior in question needs to be intentional.

Stan suggested that whether a behavior was deliberate or not was beside the point. If it was hurtful, or if the person doing it should have known that it could have resulted in harm to another, then it is bullying. His position was supported by Elizabeth Englander, another researcher at the conference whose work I very much respect. She added that the problem with including intent as a defining criteria is that it requires teachers in the classroom to get into the heads of students to try to figure out what they were thinking when they did what they did. This is a fair point, though one easy way to determine intent is to see if the behavior was repeated after some initial intervention. If the student is made aware that their behavior is causing harm to another (either by the target, a bystander, or other third party), and yet they continue to behave in the same way, then it’s clearly intentional.

After my presentation, Lori Ernsperger, another speaker who attended my session, came up to me to also discuss whether intent was really a necessary component of bullying. Lori and I chatted briefly about our respective positions on this issue, but because others were waiting to speak with me, we weren’t able to dig into the details enough to clearly explain where each other was coming from. I don’t think that Stan, Elizabeth, and Lori collectively conspired to critique this component of my presentation, so I did feel the need to consider this question further.

That’s why I was happy to receive an email from Lori shortly after the conference with additional information about why she felt it was imperative that we adjust our definition by removing the element of intent. She was particularly concerned with the implications of requiring intent to define something as bullying when it came to behaviors targeting students with disabilities. “Disability harassment,” she argued, “does not consider the intentionality of the bully, only if it is ‘unwelcome conduct.’ When the term ‘willful’ is used for defining bullying it requires schools to have separate policies and definitions for students within protected classes.”

She presented me with a hypothetical incident to consider:

A 16-year-old high school tennis player has a genetic disorder and diabetes. His teammates have been harassing him about going to the nurse’s office and requiring more snack breaks during practice. This goes on for a year. Coaching staff have observed this, but as required by law (FERPA), most school personnel do not know he is a child with a disability. After repeated teasing, he stops going to the nurse and eventually drops out of tennis. This is a clear violation of his civil rights, but the school said it was not “intentional” on the part of the other students (“they were good kids from good homes and did not mean it”) and they did not see this as willful behavior. But is does not matter, it was unwelcome conduct that changed this student’s educational experience. All school personnel should observe and intervene regardless of the intentionality.

First of all, regardless of intent, I agree wholeheartedly with the final sentence in her vignette. School personnel should intervene whether the behavior is defined as bullying or not. One thing is clear, the tennis players were being mean toward their teammate and that should be addressed. But was it bullying? If the students involved in harassing the tennis player for a whole year genuinely didn’t realize that what they were doing was harming the target, then it isn’t bullying. Or, if a reasonable person would have known that the behaviors were causing harm, then it would be intentional and be accurately categorized as bullying. As I have previously written, best friends can say things to each other that appear to be mean or that could unintentionally make someone upset. But are these things really bullying?

As a comparable example, maybe I say something to someone on a repeated basis, just thinking I am being funny, and that person completely ignores or even laughs along with what I am saying. But it turns out that the person is actually very hurt by my comments, yet he never expresses that to me (nor does anyone else). What I am saying may be mean or rude, but it isn’t bullying. Should it be addressed? Of course. Should it stop? Absolutely. If we were students at the same school it would be completely appropriate for a teacher or counselor or whomever to make me aware of the harm that I am causing. At that point, I should definitely apologize and not do it again. If I do repeat it, then that clearly demonstrates willfulness because I was informed of the hurtful nature of what I was saying, but still continued. And that would be bullying.

Lori insisted that the “unwelcome conduct” standard is really what matters. If something is unwelcome, then it is bullying. I don’t think it is that simple. What if I bump into someone in the hallway? Or spill my hot tea on someone’s lap? What if I crash into another vehicle when that person is stopped at a stoplight? These are all clear examples of unwelcome conduct, are they not? Would it be accurate to classify these as bullying—even if they were isolated events and completely accidental? Plus, in order for any of these behaviors to be considered “harassment” in a technical/legal sense, one would have to prove that they were done because of a person’s status (based on race, class, gender, disability, etc.). Harassment is different from bullying. Some bullying behaviors could accurately be classified as harassment, and some harassment could be bullying. But the overlap is not 100%. For example, harassment (again, as formally defined) is always based on a protected status, whereas bullying is not. Harassment could be a singular incident (though often not), whereas bullying is always repetitive (or at least presents an imminent expectation of repetition). I still can’t think of an example of a behavior that should be accurately defined as bullying where intent to cause harm is not present.

The bottom line is that we simply cannot call every harmful or hurtful or mean behavior between teens “bullying.” That dilutes the problem and is confusing to everyone involved. Bullying is a specific and more serious form of interpersonal harm and the term needs to be reserved for behaviors which are repeated and intentional.

That’s what I think. What about you?

Distinguishing Bullying from Other Hurtful Behaviors

Posted by Justin W. Patchin on October 2, 2014

Defining bullyingIn my last post on this blog I wrote about the difficulty in determining when mean behavior crosses the line and becomes bullying behavior. I also discussed the challenge for researchers in trying to quantify the difference. In this post, I’d like to talk about why it is important to establish such a line.

As academics, we love to debate how best to define bullying. Or, at least to call out the limitations in the ways that others do it. I’ve never been one to get too caught up in the definitional debate because I feel that whether a behavior meets someone’s artificially-created criteria for being bullying or not really doesn’t matter all that much. Admittedly, as a researcher I am frustrated by the myriad ways bullying (and especially cyberbullying) is defined, primarily because these discrepancies make comparisons across different studies difficult. But just because something satisfies one scholar’s standards for being classified as bullying is beside the point. We should focus instead on addressing the behavior for what it is. If one student called another student a mean name, or posted an embarrassing picture of another online, or pushed someone in the hallway, it should be addressed. Maybe these incidents are bullying, maybe not. Either way, they need to be dealt with immediately and appropriately.

I’ve begun to shift my thinking a bit when it comes to deliberations about the definition of bullying. Don’t get me wrong, I still believe that educators, parents, and other adults who work with youth need to deal with all forms of interpersonal harm when confronted with it. But for a number of reasons, we do need to draw a line in the sand for when a behavior (or series of behaviors) reaches the level of being accurately characterized as bullying. Below I discuss some of these and offer what I believe to be the most important distinguishing features of bullying.

Not All Interpersonal Adolescent Hurtful Behaviors Are Bullying

Many kids say or do mean things to others, but the vast majority of them do not bully. Calling all harmful behaviors bullying discounts the experiences of those who are bullied. As Emily Bazelon (author of Sticks and Stones) has argued, “…when every bad thing that happens to children gets called bullying, we end up with misleading narratives that obscure other distinct forms of harm.” Under most definitions, bullying is much worse than simply being mistreated, pushed, or generally made fun of. To be sure, the difference might simply be in the frequency with which one is targeted. Being pushed in a one-time altercation with a former friend might not be bullying, whereas being pushed by this same person several times over several days, weeks, or months is. Frequency does matter. For example, we were contacted a while back by an adult who recalled his experience of being bullied from over a half century earlier. He wasn’t physically harmed at all, but the names he was incessantly called created psychological scars that never fully healed. Without a doubt, being targeted over and over again, even with relatively mild forms of mistreatment, eventually takes a toll.

Likewise, calling all harmful behaviors bullying may also diminish the seriousness of incidents that are much worse than the term conveys. For example, if a student is attacked on the playground in a one-time incident, this is not bullying. Even if the student is physically beaten so severely that she ends up in the hospital for a week, it’s still not bullying. It is an assault, and should be identified and treated as such. If the assault is linked to other behaviors previously or subsequently perpetrated by the aggressor toward the target, then perhaps it is accurate to define the trajectory of events as bullying. In isolation, a one-time act–no matter how serious–is not bullying.

Implications for Schools

Using bullying to describe all variations of student-on-student harm also has consequences for schools. Recently-passed laws in some states require educators to take certain steps once a behavior is classified as bullying. Well-intentioned or not, these laws force schools into following specific and time-consuming procedures. For example, school administrators in New Jersey are required to initiate a formal investigation within one school day of receiving any report of bullying. The school superintendent must be briefed within two school days. The investigation must be completed within ten school days and include a written report of the incident. The results of the investigation must be reported to the school board at its next meeting. All of this is well and good, and schools would love to direct this much attention to any problems as they arise. The challenge is that they simply have not been given adequate resources to accomplish any of this effectively. It would take an army of administrators to follow through on all of these procedures if every rude, annoying, or even hurtful incident were classified as bullying.

Moreover, schools are increasingly being judged by the number of bullying reports received each year. All reports of bullying in New Jersey schools, for example, must be submitted to the state Department of Education who will then “grade each school for the purpose of assessing its effort” to address these problems. As a result, some school administrators might be encouraged to dismiss actual incidents of bullying–if their numbers start to get too high–for fear of being labeled a “bad school.” My question is, if a school shows a high number of bullying reports/interventions, is that a good thing or a bad thing? I mean, it’s nice to know that students are comfortable reporting the bullying and that schools are taking it seriously by documenting and conducting a formal investigation. But at what point do high numbers cause us to be concerned? In fact, I personally would be more uneasy about a school that reported zero bullying incidents than one that reported quite a few.

Alternatives to Calling Everything Bullying

To counter some of these concerns, some have advocated for abolishing the use of the term bullying altogether and instead suggested that terms such as “harassment” or “drama” are more appropriate. Neither of these alternatives really solves any of the previously-described problems. In many legal circles, for instance, harassment is a specific term reserved to refer to mistreatment that is related to one’s protected status (based on sex, race, color, national origin, disability and actual or perceived sexual orientation). If a heterosexual boy posts an embarrassing picture on Instagram of another heterosexual boy, is it harassment? Not by some legal definitions.

And calling all teen disagreements drama also dilutes the problem. To be sure, there is a lot of background noise in schools these days that could be classified as drama. Being upset with your best friend because of some actual or perceived affront is drama. So is refusing to talk to your sister because she ate the last Pop Tart for breakfast. Most of what teens would call drama would not fall under most definitions of bullying. And nor should it. As danah boyd (author of It’s Complicated: The Social Lives of Networked Teens) and Alice Marwick have found in their interviews with youth, “teenagers say drama when they want to diminish the importance of something.” Referring to a bullying incident as drama allows the aggressor to neutralize their role in the harm. If everyone does these kinds of things, and if drama is just an everyday part of life for teens, then it isn’t that big of a deal and not worth focusing on.

Bullying is deliberate, repeated harm inflicted by one or more toward another who is unable to effectively defend him or herself. Accidentally hurting someone’s feelings is not bullying. Yes, it sometimes can be difficult to determine the intent of person causing the harm, but repeated hurtful actions, especially after being made aware that what was done was wrong, is a clear indication of intent. Similarly, hurting someone one time in an isolated incident is not bullying, although if there is a threat of repetition, the behavior could qualify. Also, posting something online might be a one-time behavior, but the fact that the content is accessible repeatedly means the victimization is likely to continue. And if the hurtful behaviors do continue, or if a student comes to you to tell you that he is being bullied, then clearly he does not have the ability to defend himself.

Recognizing that not all hurtful behavior is bullying is an important step toward addressing this problem. It becomes maybe slightly more manageable. My criteria offered above are just some issues to consider when trying to differentiate bullying from other behaviors. You might have some ideas of your own, and I encourage you to share them. While we might not come to complete agreement on this, we can work together to prevent and effectively respond to all forms of adolescent interpersonal harm, whether appropriately classified as bullying or not.

Deterring Teen Bullying: Dos and Don’ts

Posted by Justin W. Patchin on February 21, 2014

2013_cyberbullying logo_color_b_SQThere’s been a lot of interest lately in passing new bullying and cyberbullying laws. The pressure to pursue these provisions seems to come from the idea that the threat of harsher penalties will deter teens from bullying others. But will they? Deterrence theory is a very popular philosophy within the criminal justice system, and as such serves as the basis for many policies (e.g., mandatory sentences and “three strikes” laws). The basic premise is simple: humans are rational beings who weigh the costs and benefits of any behavior and will ultimately act in a way that maximizes pleasure and minimizes pain. Rational people will therefore be more likely to refrain from deviance when the costs (severe punishment) are increased.

The problem with this perspective is that adolescent brains haven’t yet fully developed to the point where we can assume rationality in the face of unknown or unlikely consequences. Moreover, we often focus too much on formal punishment as a means to compel compliance instead of recognizing other powerful forces that may be even more effective. So what can be done to deter teens from bullying others? Below I offer some basic bullying deterrence dos and don’ts.

Deterrence Don’ts

DON’T increase formal sanctions.  As noted above, a lot of people have been pushing for increased criminal penalties to be leveled against those who participate in bullying. Bills have been passed or proposed in most states (see our summary here) even while legislation has been languishing at the federal level for almost 5 years.  New laws that clarify and support the roles of educators in responding to bullying are helpful, but those that seek to further criminalize are not likely to be effective at preventing the behaviors.

As I have stated before, it is unlikely that new criminal laws will result in more teens being deterred from engaging in bullying. Those who were dissuaded before will still be, but the added threat of increased legal punishment isn’t likely to prevent additional people from participating. The problem is that most teens (and many adults for that matter) simply don’t stop to consider the possible costs prior to participating in a behavior (especially possible criminal consequences). They are usually absorbed in the moment and aren’t thinking about what could happen if they are caught. Plus, the odds are that they won’t be caught (or significantly punished).

DON’T enact zero tolerance policies. Zero tolerance policies require school administrators to apply a specific, generally severe sanction (often suspension or even expulsion) to a student who is found to have participated in some proscribed behavior. These policies were most often originally focused on curbing weapon and drug possession at school, but in recent years they have been expanded to include other forms of violence and bullying. Don’t get me wrong, “zero tolerance” is a fine idea in theory. Educators do want to clearly communicate that they have zero tolerance for weapons or drugs or bullying in their schools and that those who violate this standard are certain to be punished. The problem is that these policies, by definition, do not allow educators to use their discretion to handle situations outside the letter of the policy. Bullying is largely a relationship problem, and educators, working with parents, need to use their knowledge of the situation to apply a reasonable sanction that is more uniquely designed to address the particular problem at hand. One-size-fits-all responses frequently fall short in issues involving teens.

DON’T utilize public shaming. Shame is a powerful force that can be used to encourage conformity and compliance. But when misused, it can result in the exact opposite response.  Historically, societies have used shame to induce guilt among those who behave in ways that are counter to societal norms. Shaming can also have the unintended side effect of severing the emotional bond between the person(s) doing the shaming and the one being shamed.

Australian criminologist John Braithwaite argues that there are two types of shaming: disintegrative (or stigmatizing) and reintegrative. Disintegrative shaming results when society identifies a person as deviant, and figuratively (or even literally) expels that person from the conforming group. Reintegrative shaming occurs when society condemns the behavior, but not the person. In this case we avoid labeling someone “a bully” but instead refer to the specific bullying behaviors that need to stop. It is not the child we are convicting, but their behavior.  Even when done with the best intentions in mind, public shaming is too risky when applied to adolescents whose self-esteem is generally under-developed and fragile.

There have been quite a few recent examples of parents (or educators – see this) publicly shaming their kids to send them (and others) a message about the wrongfulness of their behavior. This approach is misplaced. In my view, parents who publicly shame their kids are doing so primarily because they themselves felt publicly humiliated by the actions of their children and so they feel the need to prove that they are “good” parents by punishing in a public way. While this might seem like a creative method to address the behavior, I believe it could do more harm than good. The importance of the parent-child emotional bond cannot be overstressed, and permanent damage could be done. Praise publicly, punish privately.

Deterrence Dos

DO give students a stake in conformity. The threat of punishment only works if someone has something of value in their life that they would put at risk of losing if punished. For example, earning a bad grade only hurts if a student cares about good grades or is aiming for college or a scholarship. After-school detention is most powerful when a student has something else they really like to do after school that they would miss out on (such as an extra-curricular activity). Taking this a step further, if a man is unemployed, homeless, and broke, the threat of brief incarceration isn’t really enough to stop him from misbehaving. At least in jail he will be given a bed to sleep on and a meal to eat. As Bob Dylan famously sang, “when you ain’t got nothing, you got nothing to lose.” The best thing we can do for students to deter them from mistreating others is to get them involved in prosocial activities that they really enjoy so that the threat of school sanction or parental punishment holds weight.

Moreover, the punishment doesn’t necessarily have to be serious to have an effect. For instance, at least as of right now, I have a perfectly clean driving record. I have never been pulled over for any moving violation in over 20 years of driving [knocks on wood]. As much as the threat of receiving a modest monetary fine deters me from speeding, my desire to keep my record unblemished is an even stronger incentive, at least for me.

DO connect and interact. Another reason many people refrain from misbehavior is because they don’t want to disappoint the people in their lives that they care about. Prevention is all about relationships. Inasmuch as many teens are not deterred by the threat of formal punishment, they are dissuaded from participation in behaviors that they know their friends, parents, or other valued adults would frown upon. When teens are emotionally attached or socially bonded to others, they internalize their norms and values and do not want to disappoint them by behaving in a way that is contradictory to those principles.

The concept of virtual supervision demonstrates that kids will behave in ways that are consistent with adults they value and respect, even when those valued others are not directly supervising them. For example, if I really value my relationship with my mom, and I know that she would be disappointed in me if she knew that I bullied someone, then I am less likely to bully others, even in situations where she is not present because I am considering how mom might feel if she found out about my behavior. Of course this only works if I have a really great relationship with mom and don’t want to damage that relationship by disappointing her. So the key is developing strong relationships with kids.

And this powerful effect can also work with others who work with young people (educators, church leaders, and law enforcement officers, to name a few). As an example, one time when I was in high school, I drove my ATV across town to some community event. Several minutes after I got there, one of the local police officers arrived and immediately started chewing me out for driving too fast on the city streets. He was yelling at me, saying that after he saw me he had gone to my house and was waiting for me and was going to give me a speeding ticket!  For the record, I really didn’t think I was going that fast. But nonetheless, I was devastated. I was embarrassed and upset that I had disappointed him – not just because he was a police officer, or that he was threatening to give me a ticket, but because he had been my hockey coach the year prior and I had a great relationship with him. I felt terrible. In the end, he didn’t give me a ticket, but from then on I drove very slowly when navigating the city streets on my ATV.

It was a very powerful experience that others can learn from. Take the time to develop a positive relationship with your kids and students. For decades we have known the power of spending just a bit of regular time with students (e.g., 2 minutes a day for 10 days in a row). Learn their names. Give them high-fives as they come off the bus. Show them that you care – because we know you do. It can make all the difference.

DO develop a positive school climate.  A positive school climate is one that stimulates and encourages respect, cooperation, trust, and a shared responsibility for the educational goals that exist there. Educators, students, and everyone connected to the school take ownership of the mission of the school and work together toward a shared vision. If a climate like this is established, everything else seems to fall into place. Research consistently demonstrates that the more positive the climate of the school is, the fewer problems there are with bullying (and cyberbullying). A sense of collective concern is cultivated where students just seem to look out for each other more and believe that the adults in the school are genuinely there to help.

Since schools with better climates overall have fewer bullying incidents, a self-fulfilling prophecy emerges where bullying is something that just doesn’t happen here. If it does, it is addressed and stopped immediately. Students see that and are less inclined to resort to bullying in cases of conflict.

Conclusion

Deterring detrimental behaviors in a society requires more than just passing a new law or cranking up the consequences in existing laws. Considerate understanding of the needs and desires of teens will help us to design an incentive structure that is more likely to be effective. The simple fact is that some teens will not be deterred in their behaviors by the threat of any formal, criminal punishment, no matter how severe it may be. But these same youth could be prevented from bullying others if they have caring relationships with others or are involved in activities that they value.

Video Evidence of Bullying: Implications for Effective Response

Posted by Justin W. Patchin on January 24, 2014

Kobe_Nelson_2A new video has surfaced showing a bullying incident in Rancho Cucamonga, California. The video shows 14-year-old high school freshman Kobe Nelson being pushed around by a classmate while a throng of onlookers heckle and encourage the two to fight. Several of the students can be seen recording the situation on their cell phones. It appears from the video that Kobe is simply trying to walk away, but the aggressor keeps pulling him back into the fray. Eventually Kobe is able to escape, but is later contacted by a police officer assigned to the school who inquires about the fight. He was taken to the office where he was informed that he was being suspended for two days for fighting. Presumably the other student involved was also suspended, but his sanction has not been discussed publicly.

There is sadly nothing all that special or unique about this kind of incident – fights happen in schools every day, and near-misses like this are without a doubt even more frequent. According to the 2012 Indicators of School Crime and Safety, 12% of high school students had been involved in a fight at school in 2011. Overall, these numbers have been dropping since the mid-1990s, but still remain at levels of concern. There are no data available that quantifies the number of times students walk away, as Kobe did on that day.

Kobe protested his suspension, arguing that he didn’t do anything wrong. When his father, Tommy Purvis, learned about the video and watched it, it was clear that Kobe’s description of the incident was accurate – he didn’t do anything wrong. Mr. Purvis approached school officials with the video but they reportedly refused to watch it, saying that they already knew what had happened. The police officer assigned to the high school also apparently mocked Kobe, telling him that he should “bulk up” so he wouldn’t make for such an easy target. Perhaps this was an ill-conceived attempt by the officer to lighten things up. But flippant responses like this help explain why less than 30% of the students in our most recent survey (October, 2013) told an adult about their experience with bullying. Being dissatisfied with the school and law enforcement response, Mr. Purvis and his son went public with the incident by posting the story, and video, online.

The Power of Video Evidence

Video has always served as valuable evidence to enable investigators to see exactly the extent of one’s involvement in a criminal incident. Remember back in 2008 when several girls lured 16-year-old Victoria Lindsay into one of their homes for the purpose of beating her up? The motive for the assault seemed to have been linked to some trash-talking Victoria was doing on MySpace. The assault was premeditated for the purpose of teaching her a lesson and was deliberately perpetrated in front of several cell phone cameras so that the incident could be posted on MySpace and YouTube. Several girls were charged criminally and the chief offender, 17-year-old Brittini Hardcastle, served 15 days in jail. The assault was immortalized online and in a 2011 Lifetime movie. There are no shortage of similar squabbles that went viral. Publicity abounds when cruelty is captured in its raw and unedited form. Indeed, one wonders if Rodney King would be a household name today if not for the video that emerged of his beating.

With this in mind, should we encourage bystanders to record incidents of bullying when they witness it so that adults charged with investigating can see exactly what happened? We already encourage students to keep all evidence of cyberbullying, and so reminding and allowing them to document face-to-face incidents like this can help adults sort through the details of what happened so that offending parties can be held accountable. Of course, this could be abused. There is a big difference between the teen who gleefully records an incident for the purpose of later public posting and ridicule, and the teen who quietly gathers evidence to take to the authorities. The latter might be appropriate while the former most certainly is not (and may warrant punishment in its own right).

It is important to remember, too, that video recordings often only capture a snippet of a larger incident. In Kobe’s video, we see less than 90 seconds of the interaction and have no idea what Kobe might have said or done to possibly instigate the altercation. There are always multiple sides to any story, and I wouldn’t be surprised if more details emerged in this case. That said, one can only examine the evidence that is available, and video should always be used in combination with eyewitness interviews to put the pieces of the puzzle together correctly.

I worry, however, that had it not been for the video evidence, Kobe would have had a harder time substantiating the facts of the incident. Sure, maybe a few of his friends would have stepped up and offered support for his version of the events, but no doubt other observers would have contradicted those and the school would have been forced to default to offsetting penalties (punishment for both). And what kind of message does that send?

With Cyberbullying, There Is Always Evidence

One of the defining characteristics of cyberbullying is that there is always evidence. Whether it is a text message, Facebook post, Instagram picture, tweet, or video, it is important to continually remind those who are being targeted to preserve that evidence. With face-to-face bullying it is often one person’s word against another. Digital evidence helps to clarify who said what and when.

I was talking with a school resource officer in Wisconsin last spring about an incident where a student came up to him after school and said she was receiving mean text messages. The officer asked the student to bring in a copy of the messages for him to review. The next day this student brought a printed-out copy of the messages, which included over two pages of content. The problem was that just about every other message had been blocked out with a black Sharpie. When the officer questioned the student about the redacted messages, the student responded “Well…those are my texts to her, and those aren’t important.”  Of course they are important! Adults who investigate bullying incidents need to be able to see all of the information surrounding the incident, so they can respond appropriately given all of the available facts.

School and law enforcement officials need to thoroughly investigate all reports of bullying so that those responsible can be properly disciplined. This is actually a lot harder to do than it sounds. First of all, many law enforcement officers lack good training on how to handle bullying (especially cyberbullying). And even though school administrators are generally much better at handling these kinds of incidents, they are stretched so thin with declining budgets and increasing mandated responsibilities that they often do not have enough time to adequately investigate these reports. So they triage them as best they can, but sometimes mistakes are made. Ultimately, it is up to everyone who witnesses bullying incidents to step up and report what they saw so that the correct and appropriate action can be taken.

Combating Bullying During Kindness Week

Posted by Sameer Hinduja on January 14, 2014

yellow people kindness viral

In my line of work, I have the amazing opportunity to meet incredibly passionate educators who care so much about students – and do all they can to create and maintain positive climates in which those students can thrive. I’ve known Becky Nahrebeski, a 9th grade Global teacher, for a few years now, and finally had a chance to be a part of a Kindness Week she and her colleagues planned and put together in October.  We are all about sharing success stories that encourage other administrators and teachers that bullying and cyberbullying can truly be combatted and addressed in creative and meaningful ways that make a real difference.  It does take a lot of work, but it is so worth it when you get to see the results.  I’ve asked Becky to share with our readers about the amazing things they’ve done (and are doing), and her thoughts are below:

Hamburg Central School District is a suburban district about 10 miles south of Buffalo, NY.  We have a student body of roughly 3700 students K-12.  We are a very high-achieving district.  We are always ranked in the top 15 school districts for Western New York.  We are ranked 81 in New York State and we are in the top 3% (ranked 682 out of 24,000) of schools nationwide and are a Silver Award winner according to U.S. News and World Report’s 2013 school rankings.  We have amazing students that, after graduation, make us proud.  We have dedicated teachers that love what they do.  We have a supportive administration that has the best interest of the students at heart.  We have fantastic parents that work with us and support us in any way they can.  We have an unbelievable community that stands behind us and helps out wherever they can.  Despite all of these fantastic parts working together, we still have students that hurt one another through bullying and cyberbullying.

We, as a district, refuse to ignore this issue.  In our district, we have a DASA (Dignity for All Students) committee comprised of counselors, social workers, school psychologists, a teacher, and an administrator to deal specifically with bullying.  This committee was started in preparation for the passage of New York State legislation (the DASA Act), and since 2011, we have been working on going through bullying reports to identify “hot spots” and determine our prevention efforts.  We have attended countless conferences where we learn the latest research on what is happening.  We educate parents, staff, students, and even our bus company on some of the best practices in bullying prevention.  We meet monthly to stay on top of everything going on in the district.

One of our most esteemed achievements was the planning of an anti-bullying week for our district K-12.  It was a massive undertaking, but well worth the hours we put in planning it.  Our preparation leading up to this week included a contest entitled “Create a Culture of Kindness.”  Students K-12 could enter the contest and compete in different categories.  For example, they could write a poem, essay, or song.  They could create an anti-bullying poster or public-service announcement video.  The goal was for them to take their skillsets and talents and apply them to help transform our school communities by making it cool to care about others.  The response we received was truly incredible.  It is amazing how perceptive and intelligent our students are on the issue of bullying.  It also became clear that it was an issue that our students cared deeply about, as was evident in some of their project submissions.  We had well over 100 submissions and it was very emotional and difficult to choose our winners.  If you ever are curious how deeply students care about the issue of bullying, put together a contest and you will see how affected your student population is.

Our week began on Monday with a staff meeting with Dr. Hinduja.  He trained our staff and shared with us important information about school policy and the best prevention and response strategies that have evolved, and how all stakeholders must play a role.  On Monday evening, we held a Youth Rally.  We had all our contest entries displayed for everyone to see.  We had vendor tables set up in our cafeteria for all to peruse.  Attendees had an opportunity to create a link in our chain against bullying.  Our band played, and our cheerleaders cheered, and it was a very festive and fun environment with snacks and beverages and a celebration of our students’ efforts!  We announced all of our contest winners right at the beginning of the evening.  Then we announced our guest speaker, Dr. Hinduja, who spoke to our attendees about technology and role of the parents in helping schools to combat the bullying/cyberbullying problem.  He also allowed time for Q&A, which was really valuable to our parents.

On Tuesday, we started our day with a survey we gave to all of our students in grades 6-12.  We wanted to make sure we could gauge how well all of our efforts were working throughout the course of this year.  We plan on doing a post survey later this year to compare our data.  All of the questions from our survey came from Dr. Hinduja’s book Bullying Beyond the Schoolyard. Then, Dr. Hinduja spoke to our middle school and high school students.  He was dynamic and the kids really got a lot out of his presentation.  He addressed everything from being smart online, protecting yourself by keeping your information locked down, and the impacts that bad decisions can have on your life.  Students raved about how everything he discussed with them applies directly to them right now.  They took a lot away from his presentation. 

Students also watched the documentary “Bully.”  This was a tremendous empathy-building opportunity.  Students really got a strong message about not bullying and also to be a bystander that acts (upstander).  They felt such sadness for the kids that were impacted by the bullying and many felt they would not allow something like that to occur in our schools.  Students did debriefing activities for both of these activities where they had some discussion, some writing opportunities.  They also made Sorry Slips, and participated in a Paperclip Pledge.  A Sorry Slip is a slip of paper on which students can anonymously apologize for something they feel bad about.  A Paperclip Pledge is where students vow to not bully, and to step in if someone is bullying.  They get a paperclip with a ribbon and make a chain of paperclips, which then serves as a visual reminder of their promise.  In all, it was a fantastic day.

On Wednesday, Dr. Hinduja, our high school drama club, and our DASA team traveled to all four of our elementary buildings.  Dr. Hinduja spoke twice to each building to students grouped K-2 and again to students in grades 3-5.  He was great even with these age groups and delivered a message that they related to.  Opposite him, our HS drama club put on a performance of a skit they wrote and answered questions that they students had.  Then each school had their own plan for the rest of the day.  Throughout the rest of the week, our schools did follow-up activities that included pep rallies, classroom activities, and the hanging of visual reminders around the schools.  One common thread in all of our elementary buildings was a Create a Culture of Kindness quilt.  Each student created their own square by drawing or writing a message they got from the day.  The squares were then put together to form quilts.  It remains an awesome visual left over from our week.

The work in preparing for this week was intense, stressful, and at times, all-encompassing, but well worth every minute put into it.  Our students raved about the week and asked that we “do stuff like that more often.”  They made it clear that they don’t want our efforts to end there.  As such, we have some follow-up activities loosely planned out for the spring. We are hoping to bring in a speaker for a one-hour assembly that can speak on the merits of being an upstander, and give our students some great ways to “step in” if they see an instance of bullying.  We are also working on putting together a panel of students to share with our teachers what is really going on in our schools.  We are also hoping to create a Public Service Announcement for our community.  We have a lot of work ahead of us, but we remain inspired based on all of the progress we’ve made and interest we’ve received! In closing, I want to share the primary message we received from our students: they want to talk about these types of issues; they want to work with the adults in preventing instances of bullying!