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UNDERSTANDING
“CYBER” BULLYING
SETH’S LAW (AB 9)
Disclaimer
Lawyers
“For the digitally native generation, self-worth
is accrued in likes.”
This talk is not about some abstract case studies.
This talk is about you.
“cyber” bullying
what is it
A student is being called a “homo” on
the playground.
A student is repeatedly being text that
she is a “slut.”
A group of students creates a fake
Twitter account for the school outcast
and posts embarrassing content
repeatedly on the account.
A student posts an embarrassing photo
of another student on Facebook.
Students “Share” the photo and
comments are made about the student’s
weight and appearance.
What Is “Cyber” Bullying?
Knowingly or recklessly posting or sharing false or
defamatory information about a person.
Taunting a person using online or otherwise
digital means.
Posting or sharing information about another
person that is private.
What Is “Cyber” Bullying?
Breaking into another person’s electronic account
and/or assuming a person’s identity
Posting or sharing photos of other people without
their permission.
What Is “Cyber” Bullying?
Bottom Line: It’s just plain bullying.
California’s remedy
Seth’s Law
In 2011, the California State Legislature passed
Seth’s Law.
It was effective as of July 1, 2012.
Protecting Student Victims from:
Intimidation and bullying based on “actual or
perceived characteristics” including a:
Student’s Disability
Gender
Nationality
Race or Ethnicity
Religion
or
Sexual Preference.
Requirements
Any school personnel who witnesses acts of
discrimination, harassment, intimidation or
bullying “must take immediate steps to intervene
when safe to do so.”
Requirements
Schools must “set up a timeline to investigate and
resolve” complaints as well as implement an
appeals process.
Requirements
AB 9 does not prohibit teachers and school officials
from taking some sort of action to intervene for
activity that may take place off-campus.
Requirements
School districts must post and annually update
support resources for pupils who have been subject
to school-based discrimination, harassment,
intimidation or bullying on their website.
taking action
bullying action plan
Step #1: Develop a Bullying Policy and make
sure it is distributed amongst parents and
students.
Step #2: Provide accessible resources about
bullying and support for students who may be
victims.
Step #3: Make “cyber” bullying a focus -
ensure that parents understand the
technology and how it is being used.
Step #4: Deal with reports, rumors and other
evidence of bullying immediately.
Step #5: Provide immediate support to victims
rather than just focusing on remedial action
for those who were the perpetrators of the
bullying behavior.
what’s next
potential legislative action
where to turn
resources
We just scratched the surface.
Lawyers
Gagnier Margossian
@gamallp
consult@gamallp.com
gamallp.com
?
CLASSROOM
STUDENT PRIVACY IN THE

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