Seth's Law (AB 9) - Understanding "Cyber" Bullying

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Our presentation from the Association of California School Administrators Safe Schools Conference, August 1, 2013.

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Seth's Law (AB 9) - Understanding "Cyber" Bullying

  1. 1. UNDERSTANDING “CYBER” BULLYING SETH’S LAW (AB 9)
  2. 2. Disclaimer Lawyers
  3. 3. “For the digitally native generation, self-worth is accrued in likes.”
  4. 4. This talk is not about some abstract case studies. This talk is about you.
  5. 5. “cyber” bullying what is it
  6. 6. A student is being called a “homo” on the playground.
  7. 7. A student is repeatedly being text that she is a “slut.”
  8. 8. A group of students creates a fake Twitter account for the school outcast and posts embarrassing content repeatedly on the account.
  9. 9. A student posts an embarrassing photo of another student on Facebook. Students “Share” the photo and comments are made about the student’s weight and appearance.
  10. 10. What Is “Cyber” Bullying? Knowingly or recklessly posting or sharing false or defamatory information about a person. Taunting a person using online or otherwise digital means. Posting or sharing information about another person that is private.
  11. 11. What Is “Cyber” Bullying? Breaking into another person’s electronic account and/or assuming a person’s identity Posting or sharing photos of other people without their permission.
  12. 12. What Is “Cyber” Bullying? Bottom Line: It’s just plain bullying.
  13. 13. California’s remedy Seth’s Law
  14. 14. In 2011, the California State Legislature passed Seth’s Law. It was effective as of July 1, 2012.
  15. 15. Protecting Student Victims from: Intimidation and bullying based on “actual or perceived characteristics” including a: Student’s Disability Gender Nationality Race or Ethnicity Religion or Sexual Preference.
  16. 16. Requirements Any school personnel who witnesses acts of discrimination, harassment, intimidation or bullying “must take immediate steps to intervene when safe to do so.”
  17. 17. Requirements Schools must “set up a timeline to investigate and resolve” complaints as well as implement an appeals process.
  18. 18. Requirements AB 9 does not prohibit teachers and school officials from taking some sort of action to intervene for activity that may take place off-campus.
  19. 19. Requirements School districts must post and annually update support resources for pupils who have been subject to school-based discrimination, harassment, intimidation or bullying on their website.
  20. 20. taking action bullying action plan
  21. 21. Step #1: Develop a Bullying Policy and make sure it is distributed amongst parents and students.
  22. 22. Step #2: Provide accessible resources about bullying and support for students who may be victims.
  23. 23. Step #3: Make “cyber” bullying a focus - ensure that parents understand the technology and how it is being used.
  24. 24. Step #4: Deal with reports, rumors and other evidence of bullying immediately.
  25. 25. Step #5: Provide immediate support to victims rather than just focusing on remedial action for those who were the perpetrators of the bullying behavior.
  26. 26. what’s next potential legislative action
  27. 27. where to turn resources
  28. 28. We just scratched the surface.
  29. 29. Lawyers Gagnier Margossian @gamallp consult@gamallp.com gamallp.com
  30. 30. ?
  31. 31. CLASSROOM STUDENT PRIVACY IN THE

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