what schools need to know to control misconduct and avoid legal consequences /
Shaheen Shariff.
New York :
Cambridge University Press,
2009.
xx, 275 pages :
illustrations ;
24 cm
Includes bibliographical references and index.
Cyber-misconduct : who is lord of the bullies? -- Profile of traditional and cyber-bullying -- Cyber libel or criminal harassment : when do kids cross the line? -- Student free expression : do the schoolhouse gates extend to cyberspace? -- Fostering postive school environments : physical and virtual -- Censoring cyberspace : can kids be controlled? -- The tragedy of the commons : lessons for cyberspace? -- Cyber-collaboration : models for critical legal pluralism in teacher education programs.
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This book is directed to academics, educators, and government policy makers who are concerned about their legal obligations in addressing emerging cyber-bullying and anti-authority student expressions through the use of cell phone and Internet technologies. There is a current policy vacuum relating to the extent of educators' legal responsibilities to intervene when such expression takes place outside of school hours and school grounds on home computers and personal cell phones. Students, teachers, and school officials are often targets of such expression. The author analyzes government and school responses by reviewing positivist paradigms. She reviews a range of legal frameworks and judicial decisions including constitutional limits on free expression and privacy in cyber-space, institutional human rights obligations to provide safe learning environments, the potential role of child-protection laws in reporting cyber-abuse, tort law standards on cyber-libel and negligence in supervision, and criminal liability relating to "perceived harm" from cyber-bullying. She redirects attention to legally substantive and pluralistic approaches that can help schools balance student free expression, supervision, safety, and learning. Key features: This book provides a unique perspective to addressing cyber-bullying through non-arbitrary, ethical and legally defensible responses; Applies the Lord of the Flies (Golding, 1959) analogy to re-evaluate our own society in terms of violence and cyber-space; Helps readers re-conceptualize their notions of discipline from a legally positivist approach to controlling student online expression.
This book is directed to academics, educators, and government policy makers who are concerned about their legal obligations in addressing emerging cyber-bullying and anti-authority student online expression. Drawing on metaphors from Golding's Lord of the Flies and the "tragedy of the commons," the author redirects attention to legally substantive and pluralistic approaches that can help schools balance student free expression, supervision, safety, and learning.