Presentation November 2, 2012 at LAWWORKS 2012 Conference at University of Toronto OISE | Ontario Institute For Studies in Education by Lawyer Melanie Warner and Police OfficerConstable Scott Mills

1. LAWWorks 2012 Social Media For Success
And Safety In Schools
Melanie Warner
Partner
Borden Ladner Gervais LLP
416-367-6679
mwarner@blg.com
Constable Scott Mills
Toronto Police Service
647-449-2801
Scotmills@gmail.com

2. Social Media for Success and
Safety in Schools
Relationships
Technology

3. Presenter
 Constable Scott Mills
 Toronto Police Service
 Corporate Communications
 Social Media Officer
 User name: TorontoPolice

4. Crime Stoppers International
Social Media Adviser
CSIWORLD.org
Facebook.com/CSIWorld
QuickTime™ and a
decompressor
are needed to see this picture.
Twitter.com/CSIWorld
Youtube.com/CSIWorld

5. Social Media Community
Youth
 Profile: Facebook.com/ScotMills
 Page: Facebook.com/GraffitiBMXCop
 @GraffitiBMXCop
 TorontoBMX
 LegalGraffitiArt

6. Relationships+Technology Key
Messages
 Adult mentorship in real life must be continued into cyber world to prevent societal
violence
 Paradigm shift from legal liability model to policy driven relationship/technology
approach is essential for community safety
 Relationships and trust between adults and youth are key to the prevention of
bullying, gangs, suicides, threatening bodily harm/death, online intimidation,
terrorism
 Adults include parents, teachers, school admin, police, social workers, justice
system workers, correctional staff
 Social media is vehicle for sustainable, connected relationships that create trust
which fosters reporting of concerns of violence to be dealt with BEFORE a mass
shooting/bombing/bullying/gang involvement/suicide
 Qualitative measurement of effectiveness required - organizational leadership and
performance measurement/promotion process for Internet Violence Prevention
strategies necessary

7. Relationships +Technology Key
Message 1
 Adult mentorship is real life must be
continued into the cyber world to prevent
societal violence

8. Relationships + Technology
Key Message 2
 Paradigm shift from legal liability model to
policy driven relationship/technology
approach is essential for community
safety
 STOP BLOCKING SOCIAL MEDIA
 Start community building and preventing
violence

9. Relationships + Technology
Key Message 3
 Relationships and trust between adults
and youth are key to the prevention of
bullying, gangs, suicides, threatening
bodily harm/death, sexting, online
intimidation, terrorism, mass shootings

10. Relationships + Technology
Key Message 4
 Adults include parents, teachers, school
administrators, police, social workers,
justice system workers, correctional staff

11. Relationships + Technology
Key Message 5
 Social media is vehicle for sustainable,
connected relationships that create trust
which fosters reporting of concerns of
violence to be dealt by authorities
BEFORE a mass
shooting/bombing/bullying/gang
involvement/suicide

12. Quantitative Success
Crime Stoppers Tips Tripled in 2 Years
 AFTER Relationships/Techology
 1000 tips per month
 BEFORE Relationships/Technology
 300 tips per month

13. Social Media
Crime Stoppers is Key

14. 2008 Interpol + Social Media
Prevent/SolveCrime @Interpol_ICPO
For full presentation at 5th Annual Interpol Fugitives
Conference Nov/2008 Click ‘Documents’ tab
http://InternetViolencePrevention.com

15. Teen Suicides Stopped
 Largest High School in Canada 2000+
students
 School Safety Monitor Dave Bradley
 In partnership with Toronto Police School
Resource Officer Program and Crime
Stoppers
 Saw timely posts of suicide on Facebook
 STOPPED 5 Teen Suicides

16. Relationships and Technology
School Safety “Hall Monitor”

17. Gang Involvement Stopped
Community Leaders Created
 Social Alchemy - take bad + turn to good
 @ArtofPhade Jessey Pacho
Crime Stoppers International Student of the Year
@BubzArt Kedre Browne
Jason Tojeiro Facebook.com/TorontoBMX
 Chief’s Youth Advisory Council
 Nicholas Maharaj @Twittnick @CYACCouncil

18. Mass Shooting Stopped
 Teacher reports suspicious posts by a
facebook friend to police via facebook
 Police investigation results in arrest of
anti-Semetic individual threatening
“Virginia Tech” style school shooting on
University Campus

19. Emergency Management
Relationships+Technology

20. Jan/2011 Omaha, Nebraska
 Son of a police officer Omaha, Nebraska
 left suicide note on Facebook
 Shot+killed vice principal
 Wounded principal
 Killed himself
 Could we PREVENT with Relationships +
Technology Strategy?

21. Relationships +Technology
Internet Violence Prevention
http://bit.ly/OmahaIV
P

22. Jan/2011 Tuscon, Arizona
 Congresswoman Gifford wounded
 14 citizens wounded, 6 dead
 Within hours @Mashable had “Social
Media Guide to Mass Shooting” on
Facebook and Twitter
 All the warning signs were there
 Could relationships and technology
strategy have prevented this?

23. Relationships and Technology It
is our duty to PREVENT

24. What Can Be Done?
 Make Social Media Policy Top Priority
 Massive Education and Training
 It can be accomplished with hope, vision
and action
 Bill Bond - President US Association of
School Principals

25. You are the expert and you
don’t even know it…YET!

26. The Power of One
“Each One Teach One”
 Bill J. Bond - witnessed 3 students die in school shooting when he
was principal
 Dedicated to PREVENTION
 BEFORE Training:
 “We are losing a generation of our youth”
 “I have to quit because I an no longer effective”
 AFTER Training:
 “I don’t even have to change one slide in my presentation - just
ask people to be my friend in social media at the end”

27. Presenter Contact Info
 Constable Scott Mills
 Toronto Police Service
 Corporate Communications
 Office: 416-808-7100
 Cell: 647-449-2801
 E-Mail: scott.mills@torontopolice.on.ca
 E-Mail: scotmills@gmail.com

28. OCT Professional Advisory — Use of
Electronic Communication and Social
Media (February 2011)
• Social media encourages casual dialogue
• Innocent actions can easily be misconstrued or
manipulated
• Professional boundaries can blur
• The dynamic between a teacher and student is
forever changed when they become online
“friends”

29. OCT Professional Advisory —
4 Categories of Advice to Members
1. Interact with students appropriately
2. Understand privacy concerns
3. Act professionally
4. Important questions to ask yourself

30. 1. Interact with Students Appropriately
• Model the behaviour you expect from students
• Alert students to appropriate online behaviour
• Communicate with students at appropriate times
of the day and through established education
platforms
• Formal, courteous, professional tone

31. 1. Interact with Students Appropriately
(cont’d)
• Do not exchange private texts, phone numbers,
personal emails, or photos
• Decline student “friend” requests and do not
initiate “friend” requests to students
• Notify parents before using social networks for
classroom activities

32. 2. Understand Privacy Concerns
• Operate online as a professional
• Manage privacy and security settings and check them
regularly
• Assume all information you post can be accessed or
altered
• Monitor and remove content that is inappropriate
• Ask others not to tag photographs of you without your
permission
• Ask others to remove undesirable content related to you

33. 3. Act Professionally
• Consider whether a post will reflect poorly on you, the school,
or the teaching profession
• Use your true identity at all times
• Avoid online criticism of students, staff, the school, and other
stakeholders
• Avoid impulsive or heated comments
• Do not incite others to make unacceptable comments
• Respect the privacy and confidentiality of student information
• Follow your employer’s policies, and exercise good judgment

34. 4. Important Questions to Ask Yourself
• Am I using social media to enhance student learning, or to satisfy a
personal need?
• Am I sharing this information with a student for personal or
professional reasons?
• Is this posting something I would be comfortable with students,
parents, my supervisor, my family or the media seeing?
• Would peers view my posting as reasonable and professional?
• Would I communicate like this in my community?
• Is my posting susceptible to misrepresentation or manipulation?
• How does my online presence reflect on my professionalism and the
teaching profession?

35. Accepting Schools Act, 2012 (Bill 13) -
Came Into Force September 1, 2012
HIGHLIGHTS:
•Education Act will include a definition of “bullying”.
•Third week of November is Bullying Awareness and Prevention Week.
•Principal required to investigate reported incidents of bullying.
•Principal required to notify parents of victim and perpetrator.
•Annual PD regarding bullying prevention and intervention.
•Programs and supports for victims, witnesses, and bullies.
•Must support students who want to establish activities that promote a safe and
inclusive learning environment.
•Boards must establish bullying prevention and intervention plan.
•Bullying and activities motivated by bias, prejudice or hate will lead to
suspension pending possible expulsion .

36. New Definition of Bullying in
Section 1(1) of the Education Act
“Bullying” means aggressive and typically repeated behaviour by a
pupil where:
(a) The behaviour is intended by the pupil to have the effect of, or the
pupil ought to now that the behaviour would be likely to have the
effect of,
(i) causing harm, fear or distress to another individual, including
physical, psychological, social or academic harm, harm to the
individual’s reputation or harm to the individual’s property, or
(ii) creating a negative environment at a school for another
individual, and [continued on next slide …]

37. New Definition of Bullying (cont’d)
(b) The behaviour occurs in a context where there is a real or
perceived power imbalance between the pupil and the individual
based on factors such as:
• size • sexual orientation
• strength • family circumstances
• age • gender
• intelligence • gender identity
• peer group power • gender expression
• economic status • race
• social status • disability
• religion • special education
• ethnic origin

38. New Definition of Bullying (cont’d)
• For the purposes of the definition of bullying, the
behaviour includes the use of any physical, verbal,
electronic, written or other means.

39. New Definition of Cyber-bullying
The definition of bullying includes bullying by electronic
means, including:
(a) creating a web page or a blog in which the creator
assumes the identity of another person;
(b) impersonating another person as the author of content
or messages posted on the internet; and
(c) communicating material electronically to more than
one individual or posting material on a website that may
be accessed by one or more individuals.

40. Promoting a Positive School Climate
• Every board shall:
• Promote a positive school climate that is inclusive and
accepting of all pupils, including pupils of any race,
ancestry, place of origin, colour, ethnic origin,
citizenship, creed, sex, sexual orientation, gender
identity, gender expression, age, marital status, family
status or disability.
• Promote the prevention of bullying.

41. School Climate Surveys
• Every board shall use surveys to collect information from
its pupils, staff and parents at least once every two years
regarding the effectiveness of its efforts to promote a
positive/inclusive school climate and promote the
prevention of bullying.
• In collecting information, the board shall not collect any
name or any identifying number assigned to a person.

42. Bullying Awareness and Prevention Week
• The week beginning on the third Sunday in November in
each year is proclaimed as Bullying Awareness and
Prevention Week.
• Its purpose is to promote awareness and understanding
of bullying and its consequences in the school
community.

43. Principal’s Duty to Investigate
• A principal is required to investigate any potential
suspension/expulsion matter reported to him/her by an
employee of the Board.
• The principal will communicate the results of the
investigation to:
• the teacher (if reported by a teacher)
• an employee who is not a teacher (if reported by such
individual), unless in the principal’s opinion it would
not be appropriate to inform such individual.

44. Obligation to Notify Parents
• If the principal believes that a student of the school has
been harmed as a result of a potential suspension or
expulsion matter, the principal will, as soon as reasonably
possibly notify both:
• The parent or guardian of the student who has been
harmed; and
• The parent or guardian of the student who the
principal believes engaged in the activity.

45. In notifying the parents of the victim, the
principal shall disclose:
(a) the nature of the activity that resulted in harm to the
pupil;
(b) the nature of the harm to the pupil;
(c) the steps taken to protect the pupil’s safety including
the nature of any disciplinary measures taken in
response to the activity; and
(d) the supports that will be provided for the pupil in
response to the harm that resulted from the activity.

46. In notifying the parents of the alleged bully,
the principal shall disclose:
(a) The nature of the activity that resulted in harm to the
other pupil;
(b) The nature of the harm to the other pupil;
(c) The nature of any disciplinary measures taken in
response to the activity; and
(d) The supports that will be provided for the pupil in
response to his or her engagement in the activity.
* When notifying parents of alleged bully, principal shall not disclose the
name of or any other identifying or personal information about the
victim.

47. Student Activities and Organizations
• Every school board is required to support pupils who want
to establish and lead activities and organizations that
promote:
a) gender equity;
b) anti-racism;
c) awareness, understanding of, and respect for, people with
disabilities; and
d) awareness, understanding of, and respect for, people of
all sexual orientations and gender identities, including
organizations with the name gay-straight alliance or
another name.

48. Gay-Straight Alliance
• Neither the school board nor the principal shall refuse to
allow a student to use the name gay-straight alliance or a
similar name.
• However, not required to support the establishment of an
activity or organization unless there is at least one
student who wishes to establish and lead it.
• Name of activity or organization must be consistent with
promoting positive, inclusive, accepting school climate.

49. Bullying That Will Lead to Suspension
Pending Possible Expulsion
• Section 306(1) current provides that students may be suspended for bullying
for certain activities.
• Section 310(1) is amended to provide that bullying will lead to mandatory
suspension pending possible expulsion where:
(a) The student has previously been suspended for bullying and the
student’s continuing presence in the school creates an unacceptable
risk to the safety of another person.
(b) Any activity listed in s. 306(1) (e.g., uttering threat, swearing at teacher,
bullying) that is motivated by bias, prejudice or hate based on race,
national or ethnic origin, language, colour, religion, sex, age, mental or
physical disability, sexual orientation, gender identity, gender
expression or any other similar factor.

50. Over What Activities Does The School Have
Jurisdiction?
• A principal shall consider whether to suspend,
or shall suspend, if he or she believes that the
pupil has engaged in specified activities “while
at school, at a school-related activity or in
other circumstances where engaging in
the activity will have an impact on the
school climate”

51. “School Climate” — PPM 145
• “A sum total of all personal relationships within a
school.”
• When these relationships are founded on mutual
acceptance and inclusion, a culture of respect
becomes the norm.
• A positive climate exists when all members of the
school community feel safe, comfortable and
accepted.

52. Impact on the School Climate
• Students are afraid to come to school.
• Students worried about reprisal or retaliation.
• Parents are complaining about disruption to
school environment.
• School staff are worried about their physical or
emotional well-being and safety.

53. What about off-school conduct?
• Is there a direct and causal link between the
students’ conduct and a definitive impact on the
school climate?
• Does the conduct create a material or substantial
disruption in the school?
• Does the conduct create a poisonous
environment in the school?

54. R.T. v. Durham Catholic District School Board
- CFSRB, November 21, 2008
• Mrs. R.T. was the mother of V.K., 13-year-old female student in Grade 8.
• In January 2008, on Facebook there were comments made by a number of
Grade 8 students.
• V.K. wrote to victim:
“U DON’T WANT ME TO GET MAD BECAUSE ILL KILL YOU RIGHT IN
UR SLEEP OR SCHOOL ON MONDAY.”
“I am gonna come to school on Monday and kick ur ass. im gonna kill
u. ok? ok!”
• Victim’s father informed Vice Principal about concern for daughter’s safety.
• Victim’s father told Vice Principal he had contacted police and Facebook.
• Facebook closed V.K’s account three times, which she re-opened.

55. R.T. v. Durham Catholic District School Board
(cont’d)
• Victim had trouble sleeping; she felt isolated; she was afraid for
herself and her family.
• Victim was closing the blinds at home; always watching over her
shoulder.
• Victim’s sister, a student at the school, was negatively impacted by
the threats.
• The principal recommended that V.K. be expelled from all schools of
the Board.
• In May 2008, the School Board’s Expulsion Hearing Committee
expelled V.K. from her school only.

56. R.T. v. Durham Catholic District School Board
(cont’d)
ISSUES:
•Did this infraction affect the school climate?
•Should V.K. be expelled from her school?
CFSRB: YES!
•V.K. used Facebook to send emails, to impersonate some students
and to make death threats.
•The actions of the student were extremely serious and it would
have been impossible for the student to return to her home school.
•“The climate of the school would have been seriously affected.”

57. R.T. v. Durham Catholic District School Board
(cont’d)
CFSRB ruled:
• “The fear of significant harm generated by the Facebook
communications and the subsequent knowledge that this
was committed by one of the pupils of the school leads
the Board to find the school climate was negatively
impacted.”
• There is no evidence to indicate that V.K. did not have the
ability to control her behaviour.

58. Victims of Cyber-bullying should be
encouraged to:
• Do not reply to messages from cyber-bullies.
• Do not erase or delete messages. E-mails can be traced to a specific
computer.
• Make copies of all messages and pictures.
• Do not be a digital bystander. If you know people are being hurt, let
them know you support them.
• Change your e-mail address, account, username or phone number.
• File a detailed complaint with the school.
• File a complaint with the Website, Internet provider or cell phone
company.
• Contact the police if conduct appears to be criminal.

59. Walk the Walk
• We need positive, respectful on-line communication and
behaviour in our schools.
• Establish clear board-wide and school rules.
• In sending a new online message the rule of thumb is “nothing
is private”.
• If sexual images or bullying comments were never created,
they could not be distributed.
• Students should be taught how to manage their electronic
reputations.

60. • #5034670