An Education Law Email Alert
by Teresa Haykowsky Last week, a trial that was expected to provide legal parameters around student "cyberbullying" was settled out of court on a confidential basis. The case offers valuable lessons in dealing with students’ online behaviour.
In 2003, a 15-year-old student at a Quebec private high school filmed himself wielding a mock light saber, pretending to be a Star Wars character in combat. Apparently the video did not present the portly and clumsy teenager, later known as the "Star Wars Kid," in his best light. This should not have mattered, however, since the two-minute video was supposed to be private and had not been made for general distribution.
Three students from the school, who did not know the teenager, came across the video, took it without the boy’s consent, and added a message inviting people to make insulting remarks about the clip. They posted it on the Internet on April 14, 2003.
The video rapidly made its way around the world. One Web log that posted the video was allegedly downloaded 1.1 million times, and by October 2004 one Internet site dedicated to the video had recorded 76 million visits.
The teasing that resulted from the video was so mortifying that the teenager dropped out of school and finished the semester at a children’s psychiatric ward. According to the Statement of Claim in the case, the teenager endured harassment and derision from his schoolmates and the public at large. According to the student, "It was simply unbearable, totally. It was impossible to attend class."
His parents sued the parents of the three former Grade 11 pranksters, who were minors at the time of the occurrence, for $351,000 in damages.
The Statement of Claim included long excerpts alleged to be from Internet chats among the three student perpetrators, showing that they lacked remorse and bragged of their attempts to avoid being caught by school officials.
More than 35 other revised versions of the video clip, created by other people, found their way to the Internet, with additional sound and visual effects. One version apparently showed the student moving at a fast-forward speed to the music of the Benny Hill Show, while other versions contained unflattering commentary regarding the student’s performance.
Lessons for School Boards from this Case
Because of the role the Internet played in this case, school boards may wish to consider the following questions, to cope with the potential for online student bullying: - Has your school board drafted and implemented policies to enforce acceptable technology use and risk management programs?
- Is your district’s policy on acceptable technology use up to date?
- Does it specifically address online issues, including Internet privacy standards, instant messaging safety and use, and rules regarding technology storage?
- Has your school board reviewed its technology uses – does it know how students and staff are using the technology?
- If such a review is conducted, does the district’s review team include a school board trustee, central office personnel, the district’s IT expert, a school resource officer, school administrators, technology instructor and legal counsel?
- For strategic planning purposes, has your school board assessed upcoming software applications and hardware installations?
- Does your board know what resources are available at the school level to help deal with online issues, including electronic security?
- Has your school board discussed the emerging legal issues surrounding new technologies and cyberbullying as well as potential responses and solutions for educators?
- Has your school board kept staff, students and parents informed about cyberbullying communication technologies, including the latest on:
- text messaging on cell phones and the use of built-in digital cameras;
- emails, blogs, instant messaging, online student web-diaries, voice sent to cell phones containing insults, threats, mean-spirited or defamatory content; and
- assumption of student identities via technology?
- Has your school board educated staff, students and parents about the seriousness of cyberbullying, including how to respond and when to ignore cyberbullying?
- Has your school board ensured that each school understands the effect of technology on student privacy and school safety?
- Has your school board integrated teachings about cyberbullying into classroom discussions and talked to students about responsible Internet use?
A challenge for school boards is their ability to take disciplinary action against cyberbullying that occurs outside school property, but which has an adverse effect on students or staff at school. In other words, how far does an administrator’s jurisdiction extend regarding inappropriate off-school student e-conduct?
While the courts have yet to answer this question, we expect schools will continue to consider student safety, assess whether any school rules were breached by off-school student conduct online and whether the e-conduct adversely affects student safety and welfare.
We are watching this issue closely and will provide you with any case law updates on this issue.
This update is a general overview of the subject matter, and cannot be regarded as legal advice. Please contact Teresa Haykowsky at thaykowsky@mross.com for further information on this or any other education law topic. |
Printer friendly version