Are parents liable for kids' school cyberbullying?

Teenagers do things behind our backs.  They hide things from their parents just like we did.  But suppose they’re involved in cyberbullying?  Even if they’re not the original perpetrator, suppose they simply get drawn in to pile-on? Are we liable when they’re cyberbullies?

Sometimes, people make nasty, sarcastic, critical remarks to a friend about someone else but they don’t expect it to get forwarded to everyone at school.  Lesson learned, I hope.

But how about our children being relentlessly nasty and vicious to everyone they don’t like on social networks?  How about if they tell people to kill themselves?

How about our children sending obscene remarks to lots of people under the name of someone they don’t like?  How about our kids asking people to pile on to call someone they don’t like obscene names?  How about our teenager setting up a fake Facebook page in the name of someone they don’t like, filled with altered pictures of the person, a fake history and rants about all the other kids at school?

About 50 percent of teens with internet access report having been bullied online.  About the same number report doing the cyberbullying.  More than one in three report having received cyber threats.  Only 10 percent of kids who are bullied tell their parents.  Only 15 percent of parents know what their kids doing online, especially on social networks.  Of course, these numbers are rough estimates, but in my experience, they’re low estimates.

If these things are done at school, schools will get involved.  What might a permanent record of these actions do to your teenager’s chance of getting a good job or getting accepted into college?

If the cyberbullying is done from our home computers, the school will probably not get involved.  But the police will.  And our liability as parents will be increased.

Notice, I didn’t approach cyberbullying as a moral wrong.  We grownups know that.  But how far would we go on moral grounds to stop cyberbullying by our children if that meant a pitched battle with angry teenagers.  They will object because we’re spying on them or we’re stopping them from joining some “in-crowd” they desperately want to belong to.

So I approached stopping cyber bullies by asking about our liability.

Suppose the bullied kids and their parents go to the police about our children as a cyber bullies?  Do we want the police coming to our door?  Do we want to defend ourselves by saying that we didn’t know?

Suppose the targets file a suit against our children and against us for damages?  Even if we win, how much money will the lawyers cost?  How will we stand the publicity on every television and newspaper in town?  Suppose it goes nationwide?

The lines of responsibility are in flux now because the area of law is so new.  We don’t know where a judge or jury might come down in our case.

Suppose the target of our children’s venom commits suicide or gets a gun to wreak vengeance?  Suppose we could lose our house in a civil suit?  Suppose we could go to jail?  Does that change our willingness to limit the freedoms our children want when they’re living in our home and using a computer we bought?

The bottom line is that we’re responsible for our children.  They live under our roofs.  We must know what they’re doing.  They don’t have privacy.

If we don’t set limits when they’re younger, they’ll grow up to be teens who think they can do whatever they want.  They’ll know they can wear us down if we try to limit them.  Even though we may pay the price.

If they’ve become teenagers already who think they’re entitled to do what they want, we’d better set boundaries before they do something that can ruin our lives as well as theirs.

Since all tactics depend on the situation, expert coaching by phone or Skype helps.  We can design a plan that fits you and your situation.  And build your will and skill to carry it out effectively.

Facebook Teams with Time Warner to Fight Bullies

The Associated Press and the Wall Street Journal report that, “Facebook and Time Warner are ganging up on bullies to address a problem that torments millions of children and young adults.  The partnership announced Tuesday calls for Facebook and Time Warner to use their clout to raise awareness about bullying and encourage more people to report the abuses when they see them.” They recognize the need.  Facebook also recognizes the economic problem if they allow massive amounts of bullying to flow through their pages.  Eventually parents will force their kids off Facebook or will start suing Facebook for carrying the content.

Their present effort (“Stop Bullying: Speak Up”) will be focused on educating parents and kids about the problem; on “teaching young people to speak up and stop bullying.”  A pledge not to bully plus Facebook’s effort to make reporting cyberbullying and cyberbullies easier are good steps.

But even the backing by the President Obama’s family won’t stop bullying unless there are laws, policies, programs, and people willing to prosecute bullies for their actions.

That’s why I’d like to see Facebook and Time Warner use their huge influence to pressure legislators to pass strong anti-bullying laws that require district administrators, principals and teachers to stop bullies and protect our kids.  That’s the only way to stop bullying-caused suicides.

The present educational efforts will sway many kids and their parents by sensitizing them to the issue and encouraging them not to be drawn into bullying by the truly relentless bullies.  But these sensitized kids will be encouraged to come forward if, and only if, responsible adults – school district administrators, principals and teachers – respond swiftly and firmly, and protect the kids who speak up.

If the responsible adults don’t step up by passing strong laws and by being willing to confront bullies and their bullying parents, the effort will be “all talk, no walk.”  Legislators must legislate so that principals will be protected in order for them to be proactive in observing bullying and stopping it.  If it’s all talk, the effort won’t survive the first month of school.

Programs that depend only on educating, converting or rehabilitating bullies don’t work.  Strong consequences are necessary deterrents.

As a parent, there’s a lot you can do this summer.  Don’t count on Facebook and Time Warner to do all the work to protect your children.  Don’t count on advertizing/educational campaigns to protect your children

If your children are the targets of bullies and school officials aren’t protecting them, you need to take charge.  With expert coaching and consulting, we can become strong and skilled enough to overcome principals and other officials who won’t do what’s right.

“How to Stop Bullies in Their Tracks” and “Parenting Bully-Proof Kids,” have many examples of children and adults commanding themselves and then stopping bullies.  For more personalized coaching call me at 877-8Bullies (877-828-5543).

BulliesBeGone on Facebook

You’ll find quotes, links to articles and other useful material to help you stop bullies at work, in personal relationships and with children at the BulliesBeGone page of Facebook at: http://www.facebook.com/pages/Bullies-Be-Gone/125559177508773 Or you can go directly to the wall at: http://www.facebook.com/pages/Bullies-Be-Gone/125559177508773#!/pages/Bullies-Be-Gone/125559177508773?v=wall

I hope you “like” what’s there already and let all your friends know.  And I expect to get audio and video content on soon.

Colorado Needs Consistent Anti-Bullying Programs

We all remember: Colorado was home to the Columbine High School shootings in 1999.  But as Jessica Fender reports in the Denver Post, “More Consistent Anti-Bullying Program Urged for Colorado,” after 11 years “good intentions have devolved into an uncoordinated approach that ignores best practices in some instances and leaves state authorities with no clear picture of how well the myriad policies work.” As, “Susan Payne, [who] directs the state's Safe2Tell effort, [says,] ‘One of our issues is there is no consistency.  While each school has to have a bullying policy, their policy is unique to their school.’”

They’re right, but laws and policies are only the first of a number of necessary steps.

Instead of thinking about which component is the most important, let’s look at what’s necessary in a different way.  Think of what we need to stop school bullying as if you were imagining a target with a bull’s eye in the center.  Everything in the bull’s eye is necessary.  If you leave out one of the elements in the bull’s eye, you won’t be successful.

So what’s in that core bull’s eye?

1. Effective, well-written laws to specify what’s illegal; that is, what’s bullying.  Without these laws, people like Lori Drew, the mother who set-up the Facebook page and led the attack that caused teenager Megan Meier to commit suicide, can get away with that behavior.  Or the kids who tormented Phoebe Prince, Asher Brown, Jon Carmichael, Ty Smalley, Jaheem Herrera, Brandon Bitner, Samantha Kelly, Billy Lucas, Carl Joseph Walker-Hoover and so many others in 2010 until they committed suicide, will also get away with it.  Don’t limit the laws to include only protected categories of victims based on race, sex, religion, sexual preference, etc.  Be inclusive about the abuse, no matter who it’s directed against.  Maybe the phrase about protected categories should be, “…including but not limited to…”  Laws should contain provisions against verbal bullying and cyberbullying, as well as physical violence and abuse.
2. Require all schools to have policies.  Make principals, staff, school district administrators and school boards legally responsible for stopping bullying in their schools.  This way, reluctant, lazy, uncaring principals will be forced to act or face criminal and civil penalties for their failure to protect targets of bullying who are in their care.  Also, responsible officials and administrators will have legal support for taking effective action to discipline bullies in the face of bullying or uncaring parents who would sue them for disciplining their bullying children.
3. Require all schools to have programs designed to stop bullies.  These programs should contain a sequence of swift and firm steps to remove bullies from schools and school activities like sports.  The steps should focus on protecting targets first, and rehabilitating bullies only after they’re removed.  Effective anti-bullying programs also educate bystanders to become witnesses.  That requires spelling out what witnesses should say and do, who they should report to and how principals and teachers will keep them anonymous and protect them.  Effective programs also include close contact with police, especially in cases of cyberbullying and physical abuse.
4. Require training for everyone involved with school children, including bus drivers and cafeteria monitors.  Increase recognition of the more subtle but very pernicious forms of verbal and emotional bullying.  Increase awareness of the difference between episodic arguments and even fights between kids versus destructive patterns of taunting, harassment and physical bullying.  Give all staff specific steps to follow in documenting and reporting bullying.

Colorado’s Safe2Tell program is a wonderful effort to help kids come forward anonymously and to bring legal pressure to bear on bullies, their parents and school officials who need to act.

Of course, laws, policies, programs and training are merely the necessary guidelines on paper.  What makes them effective are dedicated people who are concerned and courageous enough to stop bullying.

Consulting and coaching within individual districts and schools does produce effective programs, stimulates the leadership of strong principals and energizes the support of good teachers and staff.  In addition, there is a natural weeding out of people who choose not to act effectively and shouldn’t be put in positions of responsibility for children’s welfare and education.  Effective programs develop and highlight models of great adults acting on behalf of children.

We don’t need to wait until there are more studies about why bullies bully.  We don’t need to wait until we have more studies to define all the consequences of bullying that turns targets into victims.  We don’t need to wait until we can write perfect laws, policies and programs.

We know enough about the stress, anxiety, depression, self-hatred, negativity, and loss of self-confidence and self-esteem, to know that the effects of being a victim can be life-long.  Just as successful school bullies tend to become bullies as spouses and parents, and bullies at work, so victims of school bullies tend to become victims as spouses and parents, and at work.

We know enough to act now to stop bullies.  We do need to act before more lives are ruined while we analyze, debate and vacillate.  I’d rather err on the side of protecting targets at the risk of being to harsh on a kid that wasn’t really a relentless bully, than the present situation that errs on the side of protecting bullies and leaves targeted children isolated, unprotected, helpless and thinking that suicide is the only way to end the abuse and pain.

Expert coaching of kids and families helps them become strong and skilled enough to resist being targeted by bullies and to stop the bullies in their tracks.  These children do not become victims of bullying.  And their parents learn how to make school administrators, principals and teachers do their duties, even if they’re reluctant.

Bill Cosby Lashes Phoebe Prince's Bullies, Principal, Teachers

Bill Cosby is right. On a special anti-bullying segment on Larry King Live, Cosby lashed out at the bullies who tormented Phoebe Prince for months before she committed suicide.  He also took on the teachers, principal and school administrators who said that they didn’t know what was going on.

For months, Prince was assaulted, pushed and shoved, called a “slut” and a “whore” and even had soft drink cans thrown at her – all in school.

The eight students involved are all being prosecuted.  Already two students have been expelled from the school and other students will face felony charges in connection with their actions against Prince.

Among the charges against the teens are statutory rape, violation of civil rights, criminal harassment and disturbance of a school assembly.  Prosecutors accuse the students of tormenting Prince “relentlessly” online and in school, often in plain sight of school administrators, right up until the day Prince hanged herself.

On the day Phoebe Prince took her life, one of the bullies wrote the word “accomplished” on Phoebe’s Facebook page.

I also agree with parent Luke Gelinas, who says superintendent Gus A. Sayer, principal Daniel Smith and school committee chairman Edward J. Boisselle should go.

Of course, many failing principals, teachers and administrators hide behind the phrase, “We didn’t know.”  That shows why the most important thing you can do as a parent is often to document your contact with those supposedly responsible adults who actually won’t help you or your child.

Then they’ll hide behind the same plea that was given by the mother of one of the accused bullies, another girl, “Prince was not fully innocent and they’re teenagers.  They call names.”

Can you imagine if principal Smith, standing with the teachers, superintendent Sayer and school committee chairman Boisselle before the assembled parents of South Hadley High School in Massachusetts back in August had said:

• We’ll ignore this whole problem of bullying despite many studies showing that:

• At least 50 percent of high school students are bullied and over 75 percent of the kids in school know who the bullies are.
• When the first incidents of bullying aren’t punished, the number of bullies and bullying incidents grow hugely, and the severity of bullying increases tremendously.
• When we allow harassment, bullying and abuse the victims who are left unprotected by the responsible adults suffer from increased anxiety, stress, shame and depression, and low self-confidence and self-esteem for life.
• Bystanders and witnesses who don’t come forward or who aren’t supported by the authorities suffer from guilt and shame their whole lives.
• Bullies who get away with bullying in youth tend to become relentless adult bullies as adults, in their personal lives and at work.

• We’ll also ignore the many suicides that have occurred because of bullying in middle schools and high schools.
• We won’t have school policies that prohibit bullying or a program that trains us to recognize bullying in the school.  We won’t patrol the classrooms, hallways, bathrooms or cafeteria to see if bullying is occurring.  We won’t work with the police to do anything to the bullies.  When incidents occur we’ll say later that we weren’t responsible because we didn’t know.
• We won’t involve students in recognizing and reporting bullying to us.  If we accidently hear about any bullying, we’ll minimize it and pretend its just “kid stuff.”  If you tell us about your child being bullied, we’ll tell you that we’re too busy to do anything about it and we don’t want to violate the rights of the bullies.
• The bullies in our school are really good kids with anger and self-esteem issues of their own.  They just haven’t had good enough parenting.  That excuses their behavior.  We have to be more sympathetic toward them than toward their targets.

And imagine him finishing with, “Now, parents, we’d like you to hire us, vote for us and pay increased taxes to support your local school and its staff.  We’re going to be your top executives but we won’t know what’s going on.”  Do you imagine the parents at South Hadley High School leaping to their feet with wild applause because they thought that their children would be protected in the next academic year?

I think the lazy, uncaring cowards that are now finding justifications and asking us to excuse their behavior deserve the strongest consequences.

Of course I start with the bullies themselves and their parents, who turned a blind eye and will now protect their little darlings.  They’ll blame Phoebe Prince for being a weakling.  As if they think that what the teenagers did was okay and Phoebe should have taken it like a good victim because it was her fault.

I also say the same about the supposedly responsible adults at school who failed in their primary responsibility; creating a safe environment in which character and values are modeled by adults and in which academic learning can be maximized.

We do know what to do to easily stop 75-90 percent of school bullying.  Are you holding your school administrators and legislators accountable for doing their share?

If you’re a parent of a teenager, do you know what to do to teach your child to be as bully-proof as possible and to hold your principal and staff accountable?

If Demi Lovato and Miley Cyrus can be bullied, how can your daughter stop school bullies?

As reported in the Huffington Post, to focus attention on National Bullying Prevention Awareness Week, Disney star Demi Lovato has gone public.  She was bullied so much in school that she and her parents chose to do home schooling rather than face the bullies at school.  Her story follows Miley Cyrus telling of being bullied, harassed and abused verbally and physically when she was in school. These stories follow the recent publicity given  in the New York Times to the “slut list” at “top-ranked, affluent, suburban New Jersey Millburn High School” that’s been going on for at least 10 years.  In this case, it was the “popular and athletic” girls who went after the younger girls.

Notice that these examples were of girls bullying other girls; a common occurrence that often gets lost in the glare of publicity about boys who bully.  These are often the girls who will grow up to be women who bully women at work.

Cliques of girls are just as brutal as gangs of boys.  And the wounds and scars of verbal and emotional bullying often last a lifetime.

I hope the publicity will stimulate people who can change the situation.  Who do I mean?

• Bullies and their parents.  Ultimately, bullies are responsible for their actions no matter what their excuses and justifications are.  And their parents are responsible for not teaching or setting better examples for their daughters.  In too many cases, they’re also responsible for minimizing the effects of their daughter’s behavior on the target girls and for protecting their daughters from the appropriate consequences of their actions.

But bullies have been with us forever and will continue to be.  We can’t wait for all parents to socialize their children better or for all children to change.

• Parents of the targeted girls.  They are often remiss in three areas.  First, if they don’t teach their daughters how to stand up emotionally, verbally and physically.  Yes, sometimes, physical force is necessary to stop bullying girls, just as it is often effective in stopping bullying boys.

Second, if parents don’t organize a core group of active parents to support principals who want to stop bullying or to force uncaring, lazy or cowardly principals to stop bullying at their schools.  When bullies are tolerated at a school, they prey on many targets.

Third, if parents don’t pressure reluctant legislators to make laws that can be enforced.  Often legislators focus on free speech, even when the pendulum is shifting to limit some speech in an effort to protect children.

• Targeted girls.  They can develop the emotional strength and courage, and learn skills necessary to stand up to bullies, even if their parents don’t teach them well.
• Principals who won’t act.  For example, the principal at Millburn said that there was no evidence to determine who made the list; no one had come forward to identify the predators.  Funny, I’ll bet almost every kid at school knows who organizes and publicizes the “slut list” on Facebook and through cell phones.  Principals can have proactive stop-bullying policies and programs, vetted by school district lawyers, that enroll all students, including bystanders, in outing and stopping school bullies.  I focus on principals because strong, active principals set the tone.  They involve district administrators and train teachers and staff.
• Legislators who are willing to victimize children rather than taking a strong stand against harassment, abuse and bullying.  Maybe angry parents need to make this an election issue.

Notice that I haven’t focused on understanding and therapeutizing bullies.  Let’s stop them first.  That can motivate bullies to learn other tactics.

I haven’t focused on statistics either.  Statistics may be important in swaying congressmen, but when there’s bullying at your child’s school or your child is being bullied, you don’t pay much attention to statistics.  You want your immediate situation changed.

If Miley Cyrus, Demi Lovato and the kids at top-ranked, affluent, suburban schools can be bullied, harassed and abused, your daughter can be also.

Sexting, Harassment, Bullying and Suicide: Is the Solution More Laws?

When the parents of teenage suicide Jessica Logan called for new laws to stop “sexting,” and said that the school was responsible for stopping their daughter and her ex-boy friend and the other bullies who continued harassing her, the focus of discussion shifted from sadness about her suicide to the question of what to regulate and how to regulate it. Should we have new laws to prevent people from texting nude pictures of themselves?  Should schools be the forced to stop the practice?

As much as I feel for Jessica and her parents, they’re calling for the wrong methods to try to stop sexting.  We shouldn’t have laws to stop self-sexting and schools should not be held responsible for stopping it.  Either of those paths are over-reactions to the emotions in one situation.  They’ll lead to morasses and a huge waste of time and money.

The first problem was with what Jessica did.  The solutions to that problem don’t begin with laws.  The solutions begin at home.  Whatever the family dynamic was, Jessica sent the pornographic pictures of herself to her boy friend.  She didn’t have the sense to look ahead.  She’s not the first, nor will she be the last teenager to do something foolish with a boyfriend.  And he’s not the first, nor will he be the last ex-boyfriend who strikes back by talking or texting about his ex-girlfriend.  Of course, ex-girlfriends also have a long history of doing rotten things to their ex-boyfriends.

That problem is between Jessica and her parents.  Do you really think that any seventeen year-old girl hasn’t heard that she should be careful about what she sends in digital form, especially to boys?  Except for the ease and speed of transmission, that’s no different from someone, a hundred years ago, giving a hard copy of nude pictures of themselves to their boyfriend.  If someone wants to be that dumb, we can’t stop them, anymore than societies have ever been able to stop sex before marriage.

Teenagers have free will.  Could any of us stop our teenagers from doing all the things we thought were dangerous?  Our six teenagers taught us the futility of that attempt.  Could our parents have stopped us completely?

Beyond a short talk about the dangers of exposing yourself in public, schools shouldn’t get more involved.  We don’t need extensive and expensive educational programs.

A second issue is the ex-boyfriend’s sending pornographic pictures of someone else, and the subsequent harassment by cyber bullies, especially mean girls.  His actions and those of all the other nasty, cyber bullying girls and boys who passed around Jessica’s nude pictures, trashed her on Facebook, IM’d her and ruined her reputation can be made illegal.  This situation also illustrates the truism that means girls can be much more vicious than boys.

That’s different from the previous generation’s passing around published “Playboy” centerfolds, where the women had given permission to be seen by everyone.

This is a personal tragedy for the Logan family, but ruined reputations are an age old phenomenon and this problem was started by the person in the middle, Jessica, not by the paparazzi.  Our popular culture is no worse than most popular cultures have been, especially during times of opulence, extravagance and excess.  You can’t legislate morals successfully in such a time.

Our task as individual parents is still the same; to try to talk some sense and caution into our children and teenagers’ heads.  And many of them won’t listen and will learn their lessons the hard way.

I’m sorry Jessica didn’t have the inner strength and resilience to resist the bullying and harassment, and to move on beyond the loss of her reputation.  I hope the ex-boyfriend and all the other people involved in harassing her also learned some useful lessons that will change their future behavior.

School Anti-Bullying Laws: Arkansas Needs to Protect Kids

Why do we need federal laws to make bullying a crime and to require schools to have anti-bullying policies? The saga of Billy Wolfe should be enough to convince you.  Over a year ago, the New York Times reported that Billy was being bullied relentlessly by two bigger guys from his high school in Fayetteville, Arkansas.  He was beaten up in a bathroom at school and on the school bus and in shop class and in Spanish class.  The bullies put up a Facebook page harassing him.  A brother of one of the bullies even recorded on his cell phone camera, the bully getting out of a car, walking up to an unsuspecting Billy, who was waiting at a bus stop, punching him hard enough to leave a fist-size welt on his forehead and then showing the video around the school.

The authorities did nothing while the violence and brutality went on for three years.  Billy’s parents tried to get the bully’s parents and the school authorities to stop the bullying but the assistant principal, Byron Lynn Zeigler, did nothing to stop it.

Oh, he said it was Billy’s fault and immediately suspended him.  He blamed the victim.  Days later Ziegler watched the recording and showed Billy’s parents that their son was innocent.  But he didn’t stop the bullies.

Billy’s parents finally went to court.  After almost a year, the court has ruled on whether to keep considering the motions on behalf of Billy.

Why do Billy and his parents need laws?   Why do we need to require schools to have anti-bullying policies?

According to the story by Scott F. Davis in the Northwest Arkansas Times, although the court kept intact many of the charges, it ruled that the plaintiffs (Billy and his parents) failed to show that the school had an official policy that led to the alleged problems surrounding bullying.

Let’s put that in simple English.  Assistant principal Ziegler argued that since the school didn’t have an official policy supporting bullying, it wasn’t the school’s fault that bullying occurred on school premises and they can’t be held liable for the bullying.  Also, since the school didn’t have official anti-bullying policies, Ziegler didn’t have to stop the bullying; even that part of the bullying that occurred on school grounds.  The court agreed.

Because there are no laws specifically about bullying and beating kids up, Billy’s parents had to try to use laws that are on the books against sexual harassment.

Now do you understand the need for laws that would require administrators to take proactive measures to prevent bullying on school grounds and also laws that would require administrators to stop bullying that’s brought to their attention?

The teenagers at school all knew what was going on.  They saw the cell phone video.  They knew that the legitimate authorities had turned their backs and given the bullies a free hand.  When the responsible authorities allow bullies to control the turf, they allow violence and scapegoating, harassment and brutality.

Billy may have tried to fight back, but that doesn’t make him the problem.  That just makes him one child against two bigger kids.  And with the size disparity that often happens in middle school and high school, he can’t win without adult help.  When his parents went to the school, way back at the beginning when it was only threats, the district wouldn’t act.

I’m sensitive to principals that don’t protect the victims because I’m from Denver.  Remember Columbine High School.

Of course, the bullies’ parents are to blame for allowing their sons to act that way.  But when schools tolerate bullying, the real problems are the administrators (principals and assistants) and teachers.

Have those ignorant, cowardly principals in Fayetteville not learned anything.  There are many schools in the country which don’t tolerate bullying because the principals won’t tolerate it and, therefore, their teachers and staff won’t either.  And the successful ones have no better statutes to back them.  However, they do have consciences.

Whatever the court decides on the basis of law; shame on those adults.  They have shamed themselves and their community.  They are definitely not models who should be allowed to teach or administer for children.

On an individual basis, parents must teach children how to face the real world in which they’ll meet bullies all their lives, even if the children are small and outnumbered.  That’s independent of the type of bullying – cyber bullying, physical bullying or verbal harassment or abuse.  Help your children get out of their previous comfort zones and stop bullies.

True bullies will take empathy, kindness and tolerance as weakness.  They’ll think we’re easy prey.  It will encourage them, like sharks, to attack us more.  Bullies will show you how far you need to go to stop them.

Read “Parenting Bully-Proof Kids.”  Get coaching to design tactics that fit your specific situation.  Take charge of your personal space.

Facebook Cyber Bullying Lawsuit Versus New York Teenager

As reported by Reid Epstein in Newsday, New York teenager, Denise Finkel has sued Facebook for $3 million because, she claims, it carried a fictitious Facebook chat group to bully, ostracize, ridicule, abuse and disgrace her.  The lawsuit states that former high school classmates, Michael Dauber, Jeffrey Schwartz, Leah Herz, and Melinda Danowitz created the chat room in which they falsely claimed that she had “inappropriate conduct with animals,” and had AIDS, as well as other sexually transmitted diseases. I want to focus on two related areas that I think are more important in the long run.

Of course there will be a lot of furor over whether any or all of the accused four did it and whether Facebook is liable for content that’s not obviously pornographic.  Did Finkel complain to Facebook and did Facebook turn a deaf ear to Finkel’s complaints?  And are the four people guilty as accused?

The first area that I think is more important in the long run is the ongoing effort to make new laws in response to new crimes, especially using new technology.  The natural way that we make new laws begins when some people commit acts not specifically covered under the old laws that have terrible consequences.  We respond by specifically labeling those new actions as crimes, and attach what we feel are appropriate criminal penalties.  Then we see, by trial-and-error, where to draw better lines.  The legal system is inevitably slow, inefficient and never perfect.

Given the increasing number of lives ruined by cyber bullying, emotional harassment and abuse, especially in schools, and the number of suicides stimulated by cyber bullying, I think that our society will make laws specifically stating that false and malicious statements and postings, in addition to pornography, are illegal.  I don’t think we’ll hold carriers like Facebook, MySpace, etc. liable for their postings.  But I think we’ll hold them liable for ignoring complaints about specific chat groups and postings that they continue to carry.

Many states and school districts, including Kansas, Oregon and California are considering such laws to protect children and teenagers from cyber bullying.

One stumbling block in making such laws is where to draw the lines and the hidden assumption that cyberbullying laws can and should be made “just right” for all situations – never too lax, never too harsh.  But the letter of the laws can never cover all situations with “just right” justice.  We always depend on human wisdom in the law’s application to specific situations.  That’s just the way it is – for better or for worse.

And I think that in this area, safety should triumph over cyber freedom.

The second area that I think is more important in the long run is parenting for the specific situations involving our kids and teenagers.  Our job is to monitor our children:

1. Do they look like they’re having a hard time (maybe being attacked by cyberbullies)?  How can we help them stop bullying on their own or do we need to intervene?
2. Are they witnessing cyber bullying and are they struggling to know whether or how to intervene?
3. Are they cyber bullies?  How do we stop them and help them develop the character to make amends and do better next time?
4. Should they even be on MySpace or Facebook or any social networking sites?  What else would be a better use of their time and energy?

And of course there are no easy answers.  No one is really dumb enough to think there are easy solutions.

There are no safe environments.  Schools and the real world have never been safe.  Schools and social networks are testing grounds for the real world.  And the real world is not and should not be safe.  Facing risks and danger helps us develop good sense, good character and the qualities necessary to survive.  Imagine growing up on a farm, in a wilderness village or in the middle ages.  Not safe.  I grew up in New York City.  Not safe.  Millennia ago we had to learn what a saber-toothed tiger’s foot prints looked like and how long ago they were left.  The world still requires survival skills, even if different ones.

Our job as parents is to teach our children the skills and grit to survive in whichever jungle or battleground they live, and to protect them when they’re over-matched.

For practical, real-world tactics designed to stop school bullies and bullying, please see “How to Stop Bullies in Their Tracks,” and “Parenting Bully-Proof Kids.”  Individualized coaching can design action plans to fit your specific situation.  Also, the strong and clear voice of an outside speaker can empower principals, teachers and other students to stop bullying and abuse.

Rules to curb online bullying raise concerns

In his article for MSNBC, “Rules to curb online bullying raise concerns,” Alex Johnson discusses the need for laws to prevent cyberbullying and also details situations in which schools can overreact in the enforcement of those rules.  The case of teenager Avery Doninger is particularly glaring. The underlying thrust of the article is the need to create exactly the right laws that will give the right result in every situation.  Situations like the cyberbullying suicide case last year make good laws critical.

The real problem is not necessarily the law; it’s the hidden assumption that cyberbullying laws can ever be made “just right” for all situations – never too lax, never too harsh.  That assumption overlooks history and human nature.  The letter of the law can never cover all situations with “just right” justice.  We always depend on human wisdom in the law’s application to specific situations.  That’s just the way it is – for better or for worse.

Our society is in the stage of figuring out where we want to draw the lines about a new method, cyberbullying, that bullies and perpetrators use to harass, abuse and attack adults and children.  That’s our normal trial and error process.  There’s no easy answer for protecting kids online. Actually, we make laws in hopes that they’ll yield justice in, say, 95% of the cases that come up.  No matter what laws we make in any area of life, there will be specific situations in which a literal or dumb interpretation leads to an under or over-reaction.  That’s where we hope the individuals involved use good sense and good judgment.

In the case of Avery Doninger, the real question is: Is the law bad or did the school principal get defensive and over-react by not giving a second chance to a good and contrite student who learned an important lesson or is there more we don’t know about Avery?

We’re stuck with the fact that laws, by themselves, will never cover every situation, no matter where we draw the lines; whether it’s about cyberbullies, verbal bullies or physical bullies. I look carefully at the application of any law in a specific situation before rushing in to change the law.  Often the problem is in the application, not in the law itself.  That’s why we have Appeals Courts.

Separate from the general laws are the specific situations involving my kids and your kids (and adults).  My job is to monitor my children:

• Do they look like they’re having a hard time and may be being attacked by a cyberbully?  Are they having difficulty dealing with it?  How can I help them deal with it by themselves or do I need to intervene?
• Are they witnessing cyberbullying and are they struggling to know whether or how to intervene?
• Are they creating a hard time for someone else (are they cyberbullies)?  How do I stop them and help them develop the character to make amends and do better next time?
• Should they even be using MySpace or FaceBook or any social networking sites?  What else would be a better use of their time and energy?

I’m going to get my answers to those questions by observing them, talking to them and, maybe, using good software like PC Pandora to monitor what they’re doing (http://blog.pcpandora.com/2009/01/29/do-new-cyberbullying-laws-go-to-far/).

Cyberbullies and cyberbullying will be with us no matter what laws we make.  We hope the laws will help us deal effectively with most of them.

As I show in my books and CDs of case studies, “How to Stop Bullies in their Tracks” and “Parenting Bully-Proof Kids,” bullies are not all the same, but their patterns of behavior, their tactics, are the same.  That’s why we can find methods to stop most of them.  If we don’t stop bullies, they’ll think we’re easy prey.  Like sharks, they’ll just go after us more.

When children and teens learn how to stop bullies in their tracks, they develop strength of character, determination, resilience and skill.  They’ll need these qualities to succeed against the real world bullies they’ll face as adults. Coaching designed for the specific situations faced by individual parents and teenagers is critical.

Beating the CyberBully

In his post on Urban Semiotic, “Beating the CyberBully,” David Boles discusses the hate mail, anonymous and faked comments, and other tactics of cyberbullies.  He lists some cases that have finally been heard by courts with jurisdiction, including the one when a vengeful adult drove a neighboring teenager to commit suicide.  David points out that some states have adopted anti-cyberbullying laws while others don’t It’s so frustrating for parents and kids because we often feel pretty helpless, even when we can see the warning signs of cyberbullying.

I’m glad some states are finally passing laws to outlaw cyberbullying and I hope the Federal government will also.  I’m glad YouTube, MySpace and Facebook also have become part of the policing effort; good for them.  If these social networks don’t take strong action, then parents shouldn’t allow their children to use those sites; whether the kids like it or not.

It’s the only way we’ll have a chance to stop cyberbullies.  Writing and enforcing these laws will be as difficult as enforcing the libel laws we already have.  We’ll have to distinguish between an angry exchange and a pattern of on-going attacks.

The laws will make it possible to draw the line that outing and prosecuting cyberbullies is more important than the anonymity and privacy that the internet affords … and that we all like.

I don’t let my empathy, sympathy and pity of cyberbullies get in the way of doing what’s necessary to stop their behavior.  Not only put them in prison, but make it illegal for them to get on the net again.  Just like we restrict some activities of convicted felons.

I learned effective techniques to deal with bullies through growing up in New York City, by watching our six children (three girls and three boys) deal with each other and with bullies at school, and through my experience as a coach, psychotherapist and consultant.

The signs of cyberbullying

The post on the PC Pandora Blog, “The signs of cyberbullying,” refers to an article by Elizabeth Wasserman, “Warning signs: Is Your Child Having Cyber Issues?”  The original article gives a good list of some of the signs that your child might be having trouble dealing with cyber bullies.  The follow-up post refers to the PC Pandora software that will alert parents if their child is either being the victim of cyberbullying or is even a cyberbully him or herself. The signs they listed were: * Changed work habits, grades slipping, failing tests. * Losing sleep or sleeping too much. * Increased insecurity or irritability.

I would add withdrawal and lack of communication.  These warning signs are really some of the warning signs that teenagers are having problems with any issue they can’t resolve by themselves, not only cyberbullying.  They’re tip-offs that parents need to talk more with their children and find out what’s going on.

However, the solutions suggested by the experts in the article fall short in the real-world.  They all stem from the ideas that kids are experts and parents should not upset or pressure their children too much.  Instead, parents should only make what I think of as weak suggestions.

However, suggestions are nice but are usually not enough.  Most children may be more expert than their parents about technology but: 1. They don’t know what’s best for them.  I hope that as parents with much broader experience, we know a lot that our children don’t and they have already had the opportunity to see that. 2. They’re not more expert than we are about dealing with bullies.  I hope we have many ideas they haven’t thought about, even if that might mean they would have to go outside their comfort zones or we might have to intervene.

We may have to work hard to get our kids to tell us or to problem solve with us.  How many of us told our parents when we had trouble?  But that’s the universal task.  Their liking it or not is not the most important criterion.

I know parents who have even prohibited their children from wasting time on social networks like YouTube, MySpace and Facebook.  They want their children to have face to face social activities with real people they can judge face to face.  How’s that for a concept.

I also think that to put a dent in the amount of cyberbullying, we’ll need Federal laws to make it illegal and then the willingness of social networks to turn over records of cyberbullies.  Writing and enforcing these laws will be as difficult as enforcing the libel laws we already have.  We’ll have to distinguish between an angry exchange and a pattern of on-going attacks.

I learned effective techniques to deal with bullies through growing up in New York City, by watching our six children (three girls and three boys) deal with each other and with bullies at school, and through my experience as a coach, psychotherapist and consultant.

Repeated bullying tolerated by school officials

What would you do if you were the principal of a school in which a boy’s brother records on his cell phone camera the boy getting out of the car, walking up to an unsuspecting Billy Wolfe waiting at a bus stop, punching him hard enough to leave a fist-size welt on his forehead and then showing the video around the school? What would you do when Billy gets beaten up in the bathroom or on the school bus or in shop class or in Spanish class or has a harassing facebook page directed at him?  What would you do if that violence and brutality went on for three years?

What would you do if you were the parents of the bullies?

In his column in the New York Times, “A Boy the Bullies Love to Beat Up, Repeatedly,” Dan Barry documents what really was done.  In Fayetteville, Arkansas, the authorities did nothing at all or nothing effective.  Mostly, they said it was Billy’s fault.  They blamed the victim.  The school bus incident was on tape but the Principal suspended Billy and only days later watched the tape and showed Billy’s parents that their son was innocent.

Because the authorities and administrators didn’t stop the bullies, it went on three years and it’s still going on now.

Of course, the school district mouths platitudes about a program to promote tolerance and respect, and protecting the identity of the perpetrators.  They try to convert bullies, but they don’t stop bullies first.  The district doesn’t want to get sued.  That seems more important than doing anything effective.  Maybe they’ll do something if Billy’s parents sue the district.

The kids at school all know what’s going on.  They know that the legitimate authorities have turned their backs and given the bullies a free hand.  When the responsible authorities allow bullies to control the turf, they allow violence and scape-goating, harassment and brutality.

Billy may have tried to fight back, but that doesn’t make him the problem.  That just makes him one child against a gang.  And with the size disparity that often happens in middle school and high school, he can’t win without adult help.  When his parents went to the schools, way back at the beginning when it was only threats, the district wouldn’t act.

Billy needs to be extremely resilient in order to graduate and create a better life for himself.  Otherwise he might end up like the cyberbullying suicide case that was in the news a while ago.

I’m sensitive to principals that don’t protect the victims because I’m from Denver.  Remember Columbine High School.  Have those ignorant, cowardly principals in Fayetteville not learned anything.  There are many schools in the country in which bullying isn’t tolerated because the principals won’t tolerate it and, therefore, their teachers and staff won’t either.  And they’re bound by the same laws as in Fayetteville.

Shame on those adults.  They have shamed their community.

If I was Billy’s coach, I’d encourage him to stay strong on the inside and keep fighting, no matter what happens on the outside.  Have the grit to thrive despite adults who fail!