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

1. © 2013. Gagnier Margossian LLP. All rights reserved.
Understanding “Cyber” Bullying:
California Law &
Proactive Steps for School Districts
Bullying has long been present in schools, but the tactics used today, primarily
through the use of technology and social networks, exacerbate the impact of this
behavior. “Cyber” bullying, as it is referred to and reported on by the media, refers to
the bullying online of juveniles and students.
It is important to understand that while this behavior may or may not have its
genesis in the classroom, its results are permanent and pervasive: negative
comments, teasing and other hurtful communication is archived permanently online
and can be easily shared and replicated at the click of a button.
What
is
“Cyber”
Bullying?
“Cyber” bullying typically refers to online
bullying involving juveniles or students.
“Cyber” bullying can include:
➡ 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;
➡ Breaking into another person’s
electronic account and/or
assuming a person’s identity; or
➡ Posting or sharing photos of other
people without their permission.
“Cyber”
Bullying
Facts
&
Figures
➡ 1
in
5 middle school students
reportedly feels the effects of
“cyber” bullying.
➡ Approximately 75% of teens ages
12
to
17
experience “cyber”
bullying in the U.S.
➡ “Cyber” bullying begins
as
early
as
4th
grade, when self-
perception begins to shape a
child’s view of their self worth.
➡ Online abuse - cyber bullying,
cyber stalking and cyber
harassment - disproporBonately
affects
children,
minoriBes
and
women.
Ten
Ways
“Cyber”
Bullying
Can
Be
More
Damaging
Than
Face-­‐to-­‐Face
Bullying
1) “Cyber” bullying can be done
in
an
instant.
2) Harassing posts can be accessed
repeatedly
by
a
limitless
audience.
3) Harassing posts can be archived,
cached
and
spread to different forums.
4) Bullies are able to “bully” 24/7 from anywhere
at
anyBme.
5) Bullies become less
inhibited since they are physically removed from the victim of
the bullying.
6) The harassing posts and behavior are archived on the Internet permanently,
affecBng
the
online
reputaBon of all parties involved.
7) A victim’s idenBty
can
be
manipulated
online, with bullies pretending
to
be
the
vicBm in different forums.
8) Victims have a harder
Bme
“fighBng”
back: posts and comments can
mulBply
in
seconds.
9) Bullies can post harassing content anonymously, making it harder for parents,
teachers and administrators to step in and take action.
10) Schools shy
away
from
interfering
with
online
bullying
since it takes place on
the Internet and often times outside of school hours.

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Internet
Intellectual Property
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Technology
The Good Stuff
Sacramento San Francisco
Bullying
AcBon
Plan
1) Develop a Bullying Policy and make
sure it is distributed amongst parents
and students.
2) Provide accessible resources about
bullying and support for students who
may be victims.
3) Make “cyber” bullying a focus - ensure
that parents understand the
technology and how it is being used.
4) Deal with reports, rumors and other
evidence of bullying immediately.
5) Provide immediate support to victims
rather than just focusing on remedial
action for those who were the
perpetrators of the bullying behavior.
Seth’s
Law
The California Legislature has taken steps to protect a certain class of students.
Assembly Bill 9 (AB 9), known as “Seth’s Law,” was enacted to focus on the
most common targets of bullying: lesbian, gay,, bisexual and transgender (LGBT)
students.
AB 9 had predecessors, but differs since it includes specific requirements that
must be met by school districts.These requirements include:
➡ Education Code Section 234 now protects student victims from not
only discrimination and harassment, but also “intimidation and bullying
based on actual or perceived characteristics” including a student’s
disability, gender, nationality, race or ethnicity, religion or sexual
orientation.
➡ Any school personnel who witness acts of discrimination, harassment,
intimidation or bullying “must take immediate steps to intervene when
safe to do so.”
➡ Schools must “set up a timeline to investigate and resolve” complaints,
as well as implement an appeals process.
➡ 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.
➡ 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.
It’s
Not
Just
AB
9
-­‐
Other
Applicable
Law
in
California
➡ Assembly Bill 746 (2011) - Language includes student behaviors on
social networking sites.
➡ Assembly Bill 1732 adds punishments for creators of offensive burn
pages, Internet impersonations and false profiles.
➡ Assembly Bill 86, codified in Education Code Section 32261(g), gives
school officials grounds to suspend a pupil or recommend a pupil for
expulsion for bullying, including, but not limited to, bullying by electronic
act.
➡ Education Code Section 48900(a) - addressing activity of threatening to
cause physical injury.
➡ Education Code Section 48900(i) - addressing activity of committing an
obscene act or engaged in habitual profanity or vulgarity.
Resource Website
TheTrevor Project thetrevorproject.org
StopBullying.gov stopbullying.gov
Wired Safety wiredsafety.org
BornThis Way
Foundation
bornthiswayfoundation.org
Common Sense
Media
commonsensemedia.org
AThin Line athinline.org
That’s Not Cool that’snotcool.org
Find some helpful resources below to educate
your school, parents and students alike.
#nerdlawyers
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