3. Objectives
• Overview the legal implications of cyber
bullying for principals.
• Consider various cyber cases within Ontairo’s
context.
• Consider ramifications of student and teacher
online speech.
5. Education Act (2007 Revision)
‘Impact on the climate of the school’
When online threat by one student against
another results in:
• a disruption in the school community,
• the creation of a poisonous learning
environment or harmful to another,
There must be sufficient evidence about the
identifiable student.
6. How significant a problem is the
cyberbullying of
?
students
teachersand
administrators
7. In 2007’s College of Teachers members’
survey, 84 per cent of teachers report having
been cyberbullied.
8. Education Act (2007 Revision)
‘Impact on the climate of the school’
When online threat by one student against
another results in:
• a disruption in the school community,
• the creation of a poisonous learning
environment or harmful to another,
There must be sufficient evidence about the
identifiable student.
9. Case #1
Eighteen high school
students in Caledon East let
loose about their principal
on Facebook.
10. Case #1
Eighteen high school
students in Caledon East
were suspended after they
let loose about their
principal on Facebook.
11. Case #2
Kelly Fassel, the principal at Willowbrook
Public School in Thornhill, met the
Facebook challenge last spring. Some of
her students had posted crude remarks
about one of the female teachers.
12. Case #2
Kelly Fassel, the principal at Willowbrook
Public School in Thornhill, met the
Facebook challenge last spring. Some of
her students had posted crude remarks
about one of the female teachers. She
contacted parents, held meetings at the
school and barred six kids from a trip to
Montréal.
13. Case #3
At Francis Libermann Catholic High School
in Toronto, a vice-principal was targeted
in a particularly sinister way. A young
man claimed online that the vice-
principal was inappropriately touching
students. The allegation was not true.
14. Case #3
At Francis Libermann Catholic High School
in Toronto, a vice-principal was targeted
in a particularly sinister way. A young
man claimed online that the vice-
principal was inappropriately touching
students. The allegation was not true.
Investigation revealed the statements
were made by a former student.
15. Case #4
At Holy Cross Catholic Secondary School in
Kingston, a female teacher was the
victim of serious slurs on Facebook,
which would not divulge the name of the
person who had created the offending
material.
16. The Big Case… (so far).
Killion v. Franklin Regional School District,
136 F. Supp. 2d 446 (2001).
17. The Big Case… (so far).
Paul Killion, a student at Franklin
Regional High School (1999), was denied
a parking permit in March and the rules
were also imposed on the school’s track
team. He compiled and emailed a “Top
10 List” about the athletic director,
Robert Bozzuto.
18. The Big Case… (so far).
Paul did not print or copy the email to
bring it on campus (he had been warned
after distributing similar lists). However
several copies were found in the teachers
lounge and the Franklin Middle School.
Someone else had printed and
distributed the list.
20. Timeline
May 3rd, 1999:
Paul was called into a meeting with the principal, assistant
principal, and Robert Bozzuto. During this meeting Paul
denied printing the email, but admitted to creating the list at
home and forwarding it to several of his friends’ personal
email accounts.
May 4th, 1999:
The principal called Paul into his office before a
track meet. Paul called his mother and they both
met with principal, assistant principal, and Robert
Bozzuto. Paul received a 10 day suspension and
could not participate in any school events.
21. Timeline
May 5th, 1999:
The Killions received a certified letter stating that Paul had
been suspended for 10 days because of “verbal/written
abuse of a staff member”.
May 10th, 1999:
The Killions took court action in the Westmoreland
County Court of Common Pleas, Pennsylvania
seeking immediate reinstatement.
22. Timeline
May 11th, 1999:
The Killions agreed to withdraw the complaint in exchange
for the School District’s agreement to provide Paul with due
process as stated in the Pennsylvania School Code. Killions
receive a fax (at 10:15pm) announcing a hearing for Paul the
next morning at 9:00am.
May 12th, 1999:
The Killions meet for a suspension hearing with the
principal and assistant principal. The result was a 10 day
suspension. The Killions began a civil action seeking a
preliminary injunction to allow Paul to return to school
immediately. The parties entered into a consent order and
Paul returned to school.
23. One more thing…
• How will you expect your staff
to ‘behave’ online?
• How will you ‘behave’ online?
