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.

School Anti-Bullying Laws in Oregon May Be Changed

As reported by Betsy Hammond in “The Oregonian,” the Oregon House Education Committee is calling for improvements in its school anti-bullying, anti-harassment laws.  They’re responding to the Oregon Healthy Teens Survey which stated that more than 40 percent of Oregon eighth-graders reported being subjected to name-calling, bullying or other harassment at school, with the highest rates among students of color, girls and gays. But they’re still missing key elements that will be necessary to stop school bullying and abuse.

The Committee recommends requiring all schools to have anti-bullying policies, making the policies public and designating a point person in each school for students and parents to turn to.

I think that to make anti-bullying policies effective you need much more than a wall-plaque containing a policy statement.  You need:

• Ground rules that specify real-world examples of harassment, bullying and abuse that will not be tolerated.
• Guidelines of accepted behavior to resolve disputes without bullying.
• A program containing real consequences to deal swiftly with bullying incidents.
• Specific examples to show bystanders how they can stop bullying in its tracks.
• Proactive administrators, teachers and staff.

Of course that takes training and education.  The 40 percent of the students who reported being bullied and all of the others who weren’t willing to admit having been bullied would vote “Yes” to expending the money.  It’s hard to learn or grow strong and straight when you’re being beaten down repeatedly.

In my experience, the most important factors in making anti-bullying efforts effective are proactive administrators, teachers and staff.  They set the standards and create the culture.  Administrators, who are willing to let victims suffer while they attempt to rehabilitate habitual bullies, actually create hot houses in which bullies thrive.

We need new laws because too many administrators are cowards.  They’re afraid they’ll be sued by parents who want to protect their little terrorists.  Therefore, we need to require administrators to act and also to protect them from suits when they do act.

Children must be taught not to bully the weak or different, primarily by parents, teachers and administrators if they’re going to learn to be more civilized.

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.

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.

Sometimes, children can handle bullies by themselves, beginning with peaceful tactics and moving step-wise toward being more firm and eventually fighting to win.  Or, depending on the situation, just get the fight over immediately.  Most times, adult help is needed.

When children learn how to stop bullies in their tracks, they will develop strength of character, determination, resilience and skill.  They’ll need these qualities to succeed in the real-world.

In addition to professional experience, I learned practical, pragmatic methods growing up in New York City and then watching our six children and their friends and enemies.  And we live in Denver, home of Columbine High School.

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.

Arrogant, Abusive and Disruptive -- and a Doctor

Even doctors, supposedly intelligent, skilled, well-trained and focused on giving the best care possible to their patients, are sometimes bullies toward other staff.  The behavior of that 3-4 percent of doctors can cause medical mistakes, preventable complications and even death to patients who could otherwise be saved. In her column in the New York Times, on December 2, 2008, “Arrogant, Abusive and Disruptive – and a Doctor,” Laurie Tarkin gives compelling evidence, surveys and examples of this bullying behavior. The examples included obnoxious, intimidating, abusive behavior; shouting, yelling, belittling, insulting, humiliating, ridiculing, blaming, berating and denigrating actions, often in front of patients and other staff members.  Some staff had to duck to avoid scalpels thrown across the operating room by angry surgeons.

Often, staff was made to feel like the bottom of the food chain.  Sometimes, staff was intimidated by a doctor so that they did not share their concerns about orders for medication that appeared to be incorrect

This hostile environment erodes cooperation and a sense of commitment to high-quality care.  Surveys of hospital staff members blame badly behaved doctors for low morale, stress and high turnover.

Although this article focused on doctors, we all know that the same behavior goes on at companies and organizations in every industry and area.

Do you have examples of your own?

I’ve described similar behavior in posts on the top ten ways to create a hostile workplace, verbal abuse by a know-it-all boss, a bullying coworker in the next cubicle and an unhappy employee creating a hostile workplace.

You’ll also find ways to combat this behavior in my book, “How to Stop Bullies in their Tracks.”  Leaders and managers who want to change hostile work environment should listen to my CD set, “Eliminate the High Cost of Low Attitudes.”

As a coach, consultant and speaker, I encourage people to fight to win.  It’s crucial to design tactics for your specific needs and the situation.

Stop the bully in the next cubicle

What do you do if the person in the next cubicle constantly gives you the silent treatment, glares, ignores your requests for information, makes belittling comments in meetings, puts you down in public, spreads false gossip about you, takes credit for what you did, accuses you falsely of making mistakes, tries to rally other people to be nasty to you and cuts you down to your manager? Even worse, what do you do if that’s your boss, and he also yells at you, makes personal and derogatory comments in front of the rest of the team, gives you unreasonable projects or deadlines so you’ll fail, evaluates you dishonestly and harshly, and is relentlessly critical?

Women, just as much as men, create hostile workplaces by verbal abuse and emotional intimidation.  They may even be more sneaky and manipulative.

What’s happened to you?  And what can you do?

In her column in the New York Times, “When the Bully Sits in the Next Cubicle,” and her blog post, “Have You Been Bullied at Work,” Tara Parker-Pope gives statistics for how prevalent these behaviors are.  Statistics are cold, but the individual pain of being treated this way is very hot.

I use the term “stealth bullies” for the subtle, sneaky, manipulative, critical, controlling workplace bullies who don’t use physical violence.  Most people at work let this behavior fly below their radar.  If we recognized and labeled these people as bullies, we’d be energized to resist.

Instead, many people take part of the blame and suffer in isolation.  They feel helpless and hopeless.

On an individual level, I think the first key to resisting is to recognize and label the actions as bullying so you’re galvanized to resist.  Then find allies and shine a light on it.  Think tactically and understand you’re in a war.  Because laws won’t help much, you’ll have to find other levers to exert pressure.

I don’t spend much time analyzing why bullies do it.  We know the major categories: personal dislikes, using brutality or someone’s back as a stepping stone, and ego stroking (“If I put you down, I’m one up).  You could probably reel off a few more.  In general, the approach of understanding doesn’t help.

I see hostile workplaces, verbal abuse and emotional intimidation not only in medical, legal and academic environments, but especially in government offices, non-profits and public service.  In those areas, people are often afraid of “confrontation” or of making “judgments” (someone is a bully).  In those areas, the typical culture thinks that the best way to stop bullying is to educate and rehabilitate bullies instead of simply stopping them first.  That’s like telling a battered wife (or husband) to endure the brutality while her husband gets therapy.

The purpose of most workplaces is not to be a therapeutic community for their workers.  Set high standards and enforce them at all levels.  But if the people at the top won’t dedicate themselves to stopping harassment and bullying, you won’t be able to stop it.  That’s like schools in which principals and teachers won’t stop bullying.

As a coach, consultant and speaker, I encourage people to fight to win.  The book, “How to Stop Bullies in Their Tracks” and the CD set, “Eliminate the High Cost of Low Attitudes,” can help but it’s crucial to design tactics for your specific needs and the situation.

But if you can’t win, don’t stay in a place where the powers are out to crush you mentally and emotionally, or where your spirit will be destroyed.

What happens when a conflict avoidant manager doesn't stop a bullying employee?

Bullying bosses are common but how about a hostile, abusive employee?  Barbara has a bad attitude: she's difficult, hypersensitive and harasses co-workers and even her supervisor.  If anyone disagrees with her or gives her feedback, she gets hurt feelings, claims she's a victim of harassment and pitches a temper tantrum.  She cries, yells, stomps off to her office and slams the door.  She fumes and gives the loud silent treatment.  The insensitive offender must grovel in public in order to be forgiven.  Her clique also badmouths the perpetrator.  Barbara has done this for years. The result: a hostile workplace; low morale and poor productivity; high sick leave, absenteeism and 33% turnover per year.  Barbara's bullying sets the tone in the office.  Some people suck up to her by being nasty to people she doesn't like.  Other people gossip, backstab and become grumpy.  Second-guessing, mind-reading and vendettas spread.  No one wants to come to work.   Everyone wastes time looking over their shoulders and focusing on the melodrama and tension Barbara causes.  It's a workplace soap opera.

Claire has been a conflict avoidant manager for 20 years.  She wants to be liked.  She has explained the problem to Barbara.  She's tried to improve Barbara's bad attitude and to educate her on the effects of her abusive behavior.  But Barbara feels righteous.  She feels wronged, abused and harassed.  She claims that she's a victim.  She turns her attacks on Claire for being negative and critical, and lowering her morale.

Do you think Claire simply needs to explain things better to Barbara?  What skills do you think Claire needs?

Suppose you were Claire's new manager.  What would you do with Claire and Barbara?

Since Claire's conflict avoidance, and Barbara and her clique were entrenched, it took months of coaching and consulting implementation to turn the department around.  But by the next year, they were winning awards for team performance and customer service.