CYBER BULLYING AND SEXTING LAWS

Cyberbullying means bullying through the use of technology or any electronic communication, which includes, but is not limited to, any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic system, photoelectronic system, or photo optical system, including, but not limited to, electronic mail, Internet communications, instant messages, or facsimile communications.

Cyberbullying includes the creation of a webpage or weblog in which the creator assumes the identity of another person, or the knowing impersonation of another person as the author of posted content or messages, if the creation or impersonation creates any of the conditions enumerated in the definition of bullying.

Cyberbullying also includes the distribution by electronic means of a communication to more than one person or the posting of material on an electronic medium that may be accessed by one or more persons, if the distribution or posting creates any of the conditions enumerated in the definition of bullying.

Cyberstalk means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.

A Sexting 1 offense involves a personal, 1-1, student-to-student exposure/transmission which is not coerced and not intended for redistribution. As an example, a student may voluntarily send a provocative sext that includes a nude photograph/image to his/her boyfriend or girlfriend.3 The Sexting 1 offense is to be considered a Level III violation as set forth in the Code of Student Conduct. The principal or designee is required to conduct a mandatory parent/guardian conference and must apply at least one of the following disciplinary strategies:

  • Participation in counseling session(s) related to the infraction
  • Suspension from school for one to ten days
  • Permanent removal from class (placement review committee decision required)
  • Diversion Center
  • Recommendation for placement in an alternative educational setting
  • Recommendation for expulsion

A Sexting 2 offense involves transmission or re-transmission of a sext to an expanded group of recipients. As an example, a student who has received a sext proceeds to retransmit the message to a few other students.4 A second or multiple offense of a Sexting 1 act also constitutes a Sexting 2 offense. The Sexting 2 offense is to be considered a Level IV violation as set forth in the Code of Student Conduct. The principal or designee is required to conduct a mandatory parent/guardian conference and must use the following disciplinary strategies:

  • Participation in counseling session(s) related to the infraction •
  • Suspension from school for one to ten days •
  • Recommendation for alternative educational setting •
  • Recommendation for expulsion

A Sexting 3 offense involves broad exposure/distribution of a sext without consent and/or transmittal with the intent to victimize another individual. As an example, a student who has received a sexting message posts the photograph/image on a social networking website in order to subject the individual photographed to ridicule, derision, scorn, etc.5 A sexting 3 offense is also the repeated commission of sexting level 1, 2 and/or 3 offenses. The Sexting 3 offense is to be considered a Level V violation as set forth in the Code of Student Conduct that involves extreme behaviors that seriously endanger the health and well-being of others and/or damage property or character. The principal or designee is required to conduct a mandatory parent/guardian conference and must use the following disciplinary strategies:

  • Participation in counseling session(s) related to the infraction
  • Suspension from school for one to ten days
  • Recommendation for an alternative educational setting
  • Recommendation for expulsion All sexting cases require a Student Services Referral (R7).