Rowman & Littlefield Publishers / AASA Post Copub
Pages: 212
•
Trim: 6½ x 9½
978-1-4758-0009-8 • Hardback • October 2014 • $55.00 • (£42.00)
978-1-4758-2582-4 • Paperback • January 2016 • $32.00 • (£25.00)
978-1-4758-0011-1 • eBook • October 2014 • $30.00 • (£25.00)
Merle Horowitz, Ed.D., is a superintendent in suburban Philadelphia, PA, and has spent the past 20 years studying bullying and bully prevention programs. This research led to her dissertation about online harassment of educators and cyberbullying within social media.
Dorothy M. Bollinger is an attorney whose law practice focuses on Internet, computer, information, technology, and copyright legal issues as she represents, among others, numerous educational institutions. Before entering the legal field, she was a superintendent of schools and an administrator and teacher in schools, colleges, and universities.
Foreword
Preface
Acknowledgments
INTRODUCTION
I.CYBERBULLYING AND SOCIAL MEDIA: STUDENTS
A.Educational Aspects
Cyberbullying
Safe Learning Environment
Sexting
Emotional Responses to Cyberbullying
Cyberbullying Research Studies
Social Media
Safe Learning Environment
Health Benefits vs. Concerns
Social Media Cyberbullying Issues
Social Media Sexting Issues
Sexting Research Studies
Privacy Issues
Social Media In Higher Education
B.Legal Aspects
Cyberbullying and Social Media Defined
Cyberbullying
State Statutes, Regulations and Policies
Social Media
Louisiana
Indiana
Nebraska
Definitions and Types of Social Media
Cyberbullying In Social Media: It Really, Really Hurts
Examination of Cyberbullying in Social Media Criminal Statutes and Proposed Federal Civil Legislation
State Statutes
Federal Statutes
Proposed Federal Civil Legislation
Examination of Adjudicated State and Federal Cyberbullying in Social Media Cases
First Amendment – School District Speech Cases
Material and Substantial Disruption Standards
Student-to-Student Speech
Student-to-Teacher and Student-to-Administrator Speech
Forecast of Substantial Disruption Standard
Student-to-Student Speech
Student-to-Teacher and Student-to-Administrator Speech
Other Standards
True Threat Standard
Fraser Standard
Hazelwood Standard
Morse Standard
First Amendment - Higher Education Speech Cases
Qualified Immunity
Defamation Cases
Harassment Cases, Statutes, and Regulations
Title IX
Sexting Cases and Statutes
Title VI
Civil Rights and Other Statutes, Educational Institutions’ Policies
Substantive Due Process
Equal Protection
Invasion of Privacy Cases
Examination of Cyberbullying in Social Media Cases Filed, but Not Adjudicate
Conclusion
II.CYBERBULLYING AND SOCIAL MEDIA: EMPLOYEES
A.Educational Aspects
Cyberbullying
E-Mail Usage: Friend or Foe
Social Media
Disciplinary Actions
Privacy Issues
Use in Higher Education
B.Legal Aspects
Students Allegedly Cyberbullying Educators and Educators Allegedly Cyberbullying Students
Statutes: Students Cyberbullying Educators
Arkansas
California
Colorado
Florida
Hawaii
Mississippi
North Carolina
Oklahoma
Utah
Cases: Students Allegedly Cyberbullying Educators
Cases Where the Employees and Educational Entities Were Successful
Cases Where The Students Were Successful
Cases Filed, but Not Adjudicated
Cases: Educators Allegedly Cyberbullying Students
Case Where Employee was Disciplined, but not Terminated
Case Where the Employee was Terminated
Case Filed, But Not Adjudicated
Conclusion
III.CYBERBULLYING AND SOCIAL MEDIA: PARENTS
A.Educational Aspects
Cyberbullying
United States Concerns
International Concerns
Social Media
Health Benefits and Concerns
Public Health Approach
Responses to Parent Cyberbullying or Harassment
B.Legal Aspects
Civil and Criminal Statutes and Regulations
Contract Terms
Court Decisions Involving Parents and Educational Institutions
Civil Rights Cases
Parent/Student Victims vs. Educational Institutions
Parent/Student Victims and Employee Victim
Social Media Privacy Case
Conclusion
IV.CONCLUSION
Appendices
ATable of State Bullying and Cyberbullying Laws
BTable of Cyberbullying in Social Media Cases
CReferences
DCenters and Resources
EQuestions and Ideas for Staff Development
About the Authors
With the proliferation of social media and its integration into the daily lives of children and adolescents, cyberbullying has become a critical issue in basic school safety. Horowitz (a school district superintendent) and Bollinger (an attorney) offer a curated discussion examining the complexity of cyberbullying as a phenomenon and its effects on safety and quality of life for its victims. The text guides the reader through a foundational examination of cyberbullying interactions and the potential detrimental effects on a person's educational, emotional, and physical well-being. In addition, the authors review current legal aspects of cyberbullying across various states and the effects of cyberbullying on educational practices. While the text is not intended to serve as definitive legal advice, the discussion offers a high-quality, jargon-free examination of this complex topic. The text is highly recommended for current and future educators as well as associated professionals—including mental and medical health professionals—working in all levels of education. Additionally, the text is recommended for general readers interested in the topic. Summing Up: Highly recommended. Upper-division undergraduates and above; general readers.
— Choice Reviews
Both a primer and a refresher course, this book is sure to find its way into many educators' hands.
— Library Journal
Clearly the use of social media and other web-based resources are a vital part of a 21st century education. Dorothy Bollinger, Esq. and Dr. Merle Horowitz's new book, Cyberbullying and Social Media Within Educational Institutions, is a compelling and convincing text which reinforces the need for educators, parents, students, and community members to be vigilant in ensuring that students and faculty members are 'safe' both physically and psychologically in America's schools. The book provides a very convincing argument for ethical and appropriate Internet use as well as offering a wealth of quality resources for educators. This is a must read for today's educational professionals. The case studies provide real time and life examples of our need to be vigilant to protect our students and staff members. I encourage my colleagues to inculcate the work of Merle Horowitz and Dorothy Bollinger.
— Amy F. Sichel, Ph.D., Superintendent of Schools, Abington, Pennsylvania, Past-President of AASA, Alexandria, Virginia
For those school administrators uncertain about the nature or implications of cyber-bullying, the contents of this volume by Horowitz and Bollinger will be eye-opening. They make clear the many ways in which students but particularly teachers can and are victimized through yet another misuse of the Internet. The significantly unique contribution of this volume, however, comes from their application of the case study method used widely in legal education to make explicit the liabilities to school systems of ignoring the problem and the legal implications for cyberbullies when caught! This is a must-read for those in charge of school systems and of schools!
— Raymond P. Lorion, Ph.D., Dean, College of Education, Towson University, Towson, MD
In Cyberbullying and Social Media Within Educational Institutions, Horowitz and Bollinger have written an accessible and useful book that surveys the challenges presented by cyberbullying. They provide a clear look at what counts as cyberbullying and problematic social media use. They discuss educational and legal issues involving students, educators and parents, and discuss the standards that educational institutions and the courts have used in addressing situations related to cyberbullying and problematic social media use. This book is an excellent overview as well as a handy reference guide with practical advice for educators at all levels, for parents, and for attorneys.
— Harris Sokoloff, PhD, Director Emeritus, Center for School Study Councils, Catalyst Community Conversations, Graduate School of Education, University of Pennsylvania