A student notifies you that she has been subjected to bullying through a classmate’s Facebook page. In 500-750-words, address the following: Steps you are required to take that are consistent with state statutes, your district’s school board policies, faculty handbook, and the student handbook; Any First Amendment arguments you think the student with the Facebook page may raise; and Responses you could make to the First Amendment arguments that are consistent with the cases in the assigned readings in the link below. https://www.nfhs.org/articles/cyberbullying-challenging-legal-issues-for-schools/

QUESTION

A student notifies you that she has been subjected to bullying through a classmate’s Facebook page. In 500-750-words, address the following:
Steps you are required to take that are consistent with state statutes, your district’s school board policies, faculty handbook, and the student handbook;
Any First Amendment arguments you think the student with the Facebook page may raise; and
Responses you could make to the First Amendment arguments that are consistent with the cases in the assigned readings in the link below.

https://www.nfhs.org/articles/cyberbullying-challenging-legal-issues-for-schools/

ANSWER

Addressing Bullying Through a Classmate’s Facebook Page: Legal Considerations and Responses

Introduction

In the digital age, cyberbullying has become a pressing concern within educational institutions. This essay aims to outline the steps that should be taken by educators and administrators in response to a student’s complaint about bullying on a classmate’s Facebook page. We will discuss the actions consistent with state statutes, district school board policies, faculty handbook, and the student handbook. Additionally, we will explore potential First Amendment arguments the student with the Facebook page may raise, along with responses that align with relevant legal cases.

Steps in Compliance with Applicable Laws and Policies

When addressing a complaint of cyberbullying, educators should follow a systematic approach to ensure compliance with state statutes, district policies, and handbooks. The following steps are recommended:

Document the Complaint: The student’s complaint should be thoroughly documented, including the specific instances of cyberbullying and relevant details such as dates, times, and individuals involved.

Conduct an Investigation: Upon receiving the complaint, school authorities should promptly initiate an investigation to gather evidence related to the cyberbullying incidents. This may involve interviewing the victim, witnesses, and the alleged bully.

Notify Parents/Guardians: Communication with the parents or guardians of both the victim and the alleged bully is crucial. Inform them about the complaint, the ongoing investigation, and the steps being taken to address the situation.

Implement Disciplinary Actions: If the investigation confirms instances of cyberbullying, appropriate disciplinary actions should be taken against the perpetrator in accordance with school policies (Cruz, 2020). These actions may range from warnings and counseling to suspension or expulsion, depending on the severity and recurrence of the offense.

Provide Support for the Victim: The student who experienced cyberbullying requires emotional support. Counselors, social workers, or other designated staff should be available to provide guidance, counseling, and resources to help the victim cope with the situation.

Educate Students and Parents: Schools should conduct regular awareness programs and workshops to educate students and parents about cyberbullying, its consequences, and preventive measures. This helps foster a safer and more respectful digital environment.

First Amendment Arguments and Responses

When dealing with cyberbullying incidents, students involved may raise First Amendment arguments as a defense against disciplinary actions (Cyberbullying, n.d.). While freedom of speech is protected, it is not absolute. Here are potential arguments and responses that align with the assigned readings:

Argument: The student claims their Facebook posts are protected free speech.

Response: Schools have the authority to address speech that substantially disrupts the learning environment, including cyberbullying. The Supreme Court case Tinker v. Des Moines Independent Community School District (1969) established that schools can regulate speech that causes substantial disruption or interference with the rights of other students.

Argument: The student argues that their Facebook page is private and not school-related.

Response: If the cyberbullying incidents are connected to the school or have a significant impact on the school environment, such as affecting the victim’s educational experience, schools can take action (Myers & Cowie, 2019). The case of J.S. v. Blue Mountain School District (2011) confirmed that schools can address off-campus speech that creates a hostile school environment.

Argument: The student claims their posts are meant as a joke or satire.

Response: Even if the intent was humor or satire, if the posts cause harm, distress, or substantial disruption to the victim or the educational environment, schools can intervene. The case of Kowalski v. Berkeley County Schools (2011) upheld the disciplinary action taken against a student who created a website mocking another student.

Conclusion

Addressing cyberbullying requires a careful balance between protecting students’ well-being and upholding their First Amendment rights. By following the steps outlined above, in accordance with state statutes, district policies, and handbooks, educators can effectively address cyberbullying incidents. Furthermore, by understanding relevant legal cases and responding to potential First Amendment arguments, schools can promote a safe and inclusive learning environment for all students.

References

Cruz, T. (2020, October 26). So what can schools do to discipline cyberbullies? Crime Stoppers of Houston. https://crime-stoppers.org/so-what-can-schools-do-to-discipline-cyberbullies/ 

Cyberbullying. (n.d.). The First Amendment Encyclopedia. https://www.mtsu.edu/first-amendment/article/1581/cyberbullying 

Myers, C., & Cowie, H. (2019). Cyberbullying Across the Lifespan of Education: Issues and Interventions from School to University. International Journal of Environmental Research and Public Health, 16(7), 1217. https://doi.org/10.3390/ijerph16071217