K12> Re: Student Misuse of the Internet
- From: Gleason Sackmann <gleason@xxxxxxxxxxxxxxx>
- To: NetHappenings <nethappenings@xxxxxxxxxxxxx>
- Date: Tue, 15 Apr 2003 12:42:04 -0500
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Net Happenings - From Educational CyberPlayGround
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Date: Tue, 15 Apr 2003 10:39:05 -0700
From: Nancy Willard <nwillard@xxxxxxxxxxxxxxxxxx>
Subject: Re: Student Misuse of the Internet
To: K12ADMIN@xxxxxxxxxxxxxxxx
I have written an article on this issue that will appear in the Journal of
School Violence.
The highlights:
Social Behavioral Issues
First, we need to acknowledge that bullying has been a part of school life
for much longer than the Internet. The place to start addressing this issue
is with school approaches to address bullying.
There are three social behavioral factors related to the use of the Internet
that appear to be exacerbating the situation:
Technology reduces tangible feedback that leads to an empathic response.
People do and say things on the Internet that they would not be as inclined
to do or say in the presence of another.
Technology makes us feel invisible, so we think there is less likelihood of
detection and punishment. Plato addressed this issue in the story of the
Ring of Gyges. How will you choose to behave if you are invisible?
There is strong peer support in some online communities for offensive
language and actions. "On the Internet, you can say anything you want."
Legal Issues
While private schools can suspend or expel a student at will, public schools
cannot. The legal standard for school officials in responding to off-campus
speech is that such speech must constitute a "material and substantial
threat of disruption" at school.
Sometimes student off-campus, online speech is so harmful and so directly
tied to school that it will meet this standard and allow for discipline. But
many times it will not. In many cases, like it or not (and probably not),
this is protect free speech.
If an administrator calls this one wrong, the result may be the district
having to pay damages to a snot-nosed, incredibly rude student who posted
totally inappropriate speech. There have been 6 lawsuits filed by students
disciplined for off-campus speech, the students were successful in 5 of
these cases.
But even if the school's hands may be tied from a discipline perspective,
there may be legal remedies available to the victim, including civil lawsuit
against the student's parents on the basis of defamation or invasion of
privacy. In some cases, the online harmful speech may constitute a criminal
offense.
Appropriate Responses
Even if the school administrator cannot respond with a disciplinary
response, there are things an administrator can do.
Distinguish between legitimate, yet discomfort-provoking, protest speech
that is challenging authority and truly harmful speech. Respond to the
former as a teachable moment related to effective protest speech. Also
consider what the off-campus speech is saying about the quality of the
school environment.
If truly harmful speech is on a web site, contact the system administrator
and request that the web site be removed. If there is offensive speech, it
is likely a violation of the web site hosting contract. However, be sure to
make a copy of each page of this web site before you do this just in case
you need the evidence at some time.
Instruct victims to provide copies of the offensive speech to you (or save
it yourself) and then have a serious discussion with the parents where you
provide such evidence to them. You may wish to inform the parents of their
potential liability. One teacher was successful in a lawsuit against a
middle school student on the basis of an offensive web site that was
determined to constitute an invasion of her privacy to the tune of $100,000.
This information is likely to get the attention of a parent. Let the parent
impose the discipline.
Counsel victims about their possible legal remedies.
Make sure you know who the victim is. The student posting the offensive
speech may be the victim of very cruel on-campus bullying by other students.
Or this student may be with a teacher who is not treating him or her
appropriately (teachers are not always in the right). The offensive online
speech may be a cry for help. Inappropriate, yes, but a cry for help
nonetheless. Don't victimize a victim further.
Education
Are you addressing online speech and other issues about the safe and
responsible use of the Internet educationally? Or have you simply responded
to such concerns with an Internet use policy and filtering?
As I indicated above, harmful speech is bullying and the place to start with
an educational intervention is with good bullying-prevention programs. Then
make sure you are incorporating online bullying issues into these programs.
You might look into my getting book, Computer Ethics, Etiquette, and Safety
for the 21st Century Student. It is published by ISTE (http://www.iste.org
-- look in bookstore). This book is designed for middle school students, but
could also work in 5th grade or high school. I approach these issues from a
social behavioral perspective that seeks to help students internalize values
that will support safe and responsible online behavior. My original title
was "On the Net, What You Do Reflects on You."
Nancy
Nancy Willard, M.S., J.D.
Center for Advanced Technology in Education
University of Oregon, College of Education
E-mail: nwillard@xxxxxxxxxxxxxxxxxx
URL: http://netizen.uoregon.edu
Responsible Netizen Institute
URL:http://responsiblenetizen.org
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SPECIAL EDUCATION LINKS
Students with disabilities are to be afforded the same
learning opportunities as students without disabilities,
as far as possible. Special Needs and Assistive Technology
<http://www.edu-cyberpg.com/Teachers/specialed.html>
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