“Texting, Sexting, Cyber Bullying and Other
Liability Issues Facing South Dakota’s Schools
in Today’s Technological Landscape”
School Administrators of South Dakota
April 7, 2015
TEXTING
&
SEXTING
Texting & Sexting
■ Texting – Transfer of digital
communications via personal digital device
(usually cell phones)
■ Sexting – Transfer of sexually explicit
images via text message
How Common is Sexting?
■ 33% of teens have sent nude or seminude pictures of themselves
■ 22% of teens have received a nude or
semi-nude photo of someone else
■ 15% of teens have forwarded images to
someone they only know online
School District Liability
■ Negligent Supervision
▫ Liability for failing to prevent/stop/control
cyberbullying
■ Employment Liability
▫ Negligent Hiring
▫ Negligent Retention
Investigating Sexting Allegations
■ Interview Student
■ Isolate Evidence
■ Determine where actions took place
▫ During school hours at school?
▫ After school hours off campus?
Sexting Discovered – Now What?
■ Notify parents of all students involved
■ Decide whether, how, who to discipline
■ Report to law enforcement?
■ Prevent bullying/harassment of students involved
■ Minimize exposure to child pornography charges
(Possession/Transmittal)
Reporting Procedure
■ Develop policy to address sexting discovery
■ Involve school attorney, law enforcement, and
state’s attorney when developing reporting
procedures
■ Get your tech person involved
▫ Is evidence on school’s server?
Anti-Sexting Policy
■ Mere possession of digital images prohibited
■ All involved subject to punishment
■ Parents/Police may be contacted
■ School may search cell phone
■ Specific consequences with some “wiggle room” for
administrators
CYBERBULLYING
Cyberbullying
■ Willful and repeated harm inflicted
through the use of computers, cell
phones, and other electronic devices
Forms of Cyberbullying
■ Emails or IMs directed at a specific person
■ Websites
▫ Vote for biggest freshman geek
▫ Hot or Not
▫ Worst Teacher
■ Cell Phones/Text Messages
■ Chat Rooms
Cyberbullying Policies
■ Specific definition of harassment, intimidation and
bullying (including electronic forms)
■ Graduated Consequences
■ Procedure for Reporting
■ Procedure for Investigating
■ Procedure for Preventing
“Texting, Sexting, Cyber Bullying and Other
Liability Issues Facing South Dakota’s Schools
in Today’s Technological Landscape”
School Administrators of South Dakota
April 7, 2015