Paul Blume's Columns - Cyberbullying: You can’t ignore it (May 2010)

School districts have roles to play even when it happens off campus

“Cyberbullying” has been in the news a lot over the past several years, and most people think it involves abusive emails or texts sent from one student to another. Well, that’s accurate, as far as it goes, but there’s a lot more to it.

Arkansas law forbids bullying of any type in schools, regardless of the form it takes. A.C.A. §6-18-514 defines “bullying” as “the intentional harassment, intimidation, humiliation, ridicule, defamation, or threat or incitement of violence by a student against another student or public school employee by a written, verbal, electronic or physical act that causes or creates a clear and present danger of” physical harm to a person or property; substantial interference with a student’s education; a hostile educational environment for one or more students; or substantial disruption of the orderly operation of the school or educational environment.

In short, cyberbullying is just bullying in a different form than when we were in school. Pushes, punches, wedgies and shakedowns for lunch money were about the extent of it then. Cyberbullying isn’t physical (unless someone hits you with an iPad), but it can be just as devastating, maybe more so.

The Cyberbullying Research Center (yes, there is such a thing), www.cyberbullying.us, defines cyberbullying as “when someone repeatedly harasses, mistreats, or makes fun of another person online or while using cell phones or other electronic devices.”

The biggest problem with cyberbullying from a district’s prevention and discipline standpoint is that much, or most, of it takes place off campus, outside of school hours. However, just like other infractions by students (or staff), this can be dealt with.

Since the 1920s, case law in Arkansas has recognized that just because an incident takes place off campus and outside of school hours – or even outside of school being in session – if it adversely affects the educational environment, your district’s discipline policies can be brought to bear. The tricky part, as you’ve probably figured out already, is deciding when there’s a “clear and present danger” or “substantial disruption” to a student’s education or the educational environment, etc. Two things to do there: (1) Administrators should use their best professional judgment, taking into account the type of offense and the effect on the other student(s); and (2) don’t hesitate to call a lawyer to get a viewpoint from someone who might be called upon to defend that decision.

In practice, it’s probably more difficult than deciding what to do with the kid who set the wastebasket on fire in the cafeteria, but the seriousness and the effect on the educational environment can be just a matter of using common sense: Does what the (alleged) cyberbully did kinda creep you out?

Investigations too can be difficult, but most forms of electronic communication usually hang around for, say, eternity, so if you have access to the offending communications (and the victim or his parents are usually cooperative), that can save a lot of otherwise tedious sleuthing.

In short (and, yes, that is a pun), just consider cyberbullying to be an electronic wedgie and proceed accordingly.

A personal note:
Those of you who have read my column the past some-odd years are familiar with The World’s Most Excellent Canine, my Mary Margaret. I am overwhelmingly sad to report that, on Feb. 11, 2010, Mary Margaret went to Heaven. (Yes, I know that’s selfish of me). She was about 15 years old, our having adopted her from the Sherwood Animal Shelter when she was (according to our vet) about 18 months, a “teenager,” as he put it. She had a very advanced case of heart worms when we got her, and she went through the difficult treatments and, obviously, lived many more years. Even at her sickest, she never complained. Ever. Even at the end.

Mary Margaret was not just a good dog, although she was that. She was a great dog. Always in a really good mood, always happy to see her family. One of my favorite things was to go home and, pulling into the driveway, see her smiling face and wagging tail through the glass of the back door. She loved her family, treats, being petted and sleeping, in that order. She forgave a lot, without hesitation. Whenever anyone speaks of unconditional love, I think of her.

Some people think dogs don’t have souls and, therefore, don’t go to Heaven. I respectfully but vigorously disagree. Mary’s sweet soul was who she was. And, if a dog doesn’t have a soul, then why is my heart broken?

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