Bullies go hi-tech

By Katie Sinclair

As technology advances, so too does cyber bullying, which can take many forms some of which are ‘happy slapping’ videos, derogatory comments in an email text, or on a social networking site. It can affect anyone within a school or college, pupils or staff. 22% of young people say they have been a victim of cyber bullying and 15% of teachers admit that they have been sent threatening text messages.

The problem of cyber bullying is a serious one; it breaks the boundaries of ‘normal’ bullying and allows bullying to continue even when the victim is at home in a ‘safe place’. The offensive material is in electronic form, so it can be rapidly distributed to a number of people, making it hard to control. Sometimes a cyber bully will seek to remain anonymous, making the bullying harder to confront and stop.

In law, schools and colleges have a duty to provide a healthy and safe environment for both their pupils and their staff. Head teachers now have the power (to such an extent as is reasonable) to regulate the conduct of their pupils off site and therefore disciplinary action can be taken even if the cyber bullying only occurred when the pupil was at home. Teachers have the power to confiscate phones from pupils at school which is useful if the phones are being used to bully.  Schools and colleges can help tackle cyber bullying by ensuring that relevant employment policies are up to date. This may include updating bullying policies and acceptable-use policies for both computers and mobile phones. Alternatively, institutions may want to consider drafting a specific cyber bullying policy to specifically tackle the problem. Educating pupils and staff on the appropriate use of technology is also vital.

If a complaint of cyber bullying is made it should be thoroughly investigated by the school or college and dealt with in accordance with the relevant procedures. If a staff member brings a grievance in relation to cyber bullying then the school or college must remember to deal with the matter in accordance with employment law, by following the correct statutory procedures, as well as any internal procedures.

Staff can obtain further information on tackling cyber bullying at www.teachernet.gov.uk. Victims of cyber bullying can find help and guidance on a number of sites including www.kidscape.org.uk.

Burnetts provides nationally recognized, specialist legal advice to schools, colleges, universities and other education providers.

April 08