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.

Stop School Bullies: Results Matter, Process is Not Enough

Sawyer Rosenstein, 12 -year-old seventh grader from New Jersey, was bullied for months until the bully punched him and left him paralyzed.  He received a settlement of $4.2 million from the school district.  A claim against the bully has also settled, but details are confidential.  And, Sawyer is still paralyzed for life. Reports from the New York Daily News and the Morristown Personal Injury Blog make clear that:

• Three months before the final incident, Sawyer reported previous incidents of being bullied to the school in writing, but no responsible adult – principal, teachers, therapists, district administrators – stopped the school bullying.
• "Additionally, the same bully that injured the boy had previously injured another student, yet no serious action was taken."
• New Jersey has a strong anti-bullying law.  Nevertheless, his experience “shows that schools have a great responsibility to make sure that these laws are enforced in order to prevent students from being injured by bullies on school property.”

“The Board of Education released a statement Wednesday denying any wrongdoing and saying that it was the district’s insurance carriers that decided to enter into the settlement and will pay it out.  ‘The district’s character education and harassment/intimidation/bullying initiatives and reporting practices are leading edge,’ the statement said. ‘All programs in this area far exceed all of the criteria established by the state of New Jersey.’ … The board said the settlement did not include any admission of liability or fault on the part of the district.”

What’s wrong with the school board’s basic assumptions?

Of course, the local Board of Education has washed its hands of all responsibility, claiming that they followed the correct procedures.  Thy used the same type of defense that the do-nothing principal and district superintendent used after the suicide of Iowa teen Kenneth Weishuhn.

The people on the Board of Education, the principal, teachers, therapists and district administrators seem to feel that having a process; a program, initiatives and reporting practices is enough to cover them.  If negativity, harassment, abuse, or physical, mental and emotional violence occurs, it’s not their responsibility.  If they victimize students, it’s not their responsibility.  They were just following orders and procedures.

They think they’re not responsible for results, only for process.  They think they’re not responsible for stopping school bullying, only for pushing paper.

That lack of accountability may work for adults in education but for the rest of us, with real jobs, results count.  Even the kids taking tests are held accountable for performance and results.

Obviously laws are never enough.  It’s the people who administer the laws who are responsible for protecting us.  Or these incompetents settle for ineffective responses and leave it at that.  They lack the will to stop bullies.

Little children usually can get away with charm, potential and promises.  But as we cross past approximately 5th grade, we enter the time when those qualities count less and less, and results count more and more.  That’s a hard transition for many people to make.  When we get to be adults, we’re evaluated by the results we produce.

Obviously, the 12-year-old bully was in the transition, but how about the adults who were responsible for protecting all their students?  When are they going to be held personally responsible?

Following the rules or processes is a minimum standard.  The correct standard, by which school authorities should be judged, is whether they get results. Thomas Alva Edison once said, “Hell, there are no rules here – we’re trying to accomplish something.”  Of course large organizations like school districts need rules and processes.  But those are judged by whether they produce the desired results, not by whether they’re being followed.  Following processes is never enough; results count.

What can you do if you’re a parent trying to protect your child from such irresponsible incompetents?

• Never let authorities get away with thinking that their responsibility ends with initiating some process.  Demand results.
• Immediately find a lawyer and generate publicity.
• Hold teachers, principals, district administrators and boards of education accountable for performance and results.  Your children are trying to survive.  Only results count.

For some examples, see the case studies in “How to Stop Bullies in Their Tracks” and “Parenting Bully-Proof Kids,” available fastest from this web site.

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.