We've got a "wake up call" resource for you. Can a school be sued if  the victim is bullied/cyberbullied? Yes, it can. If you are a counselor or IT Coordinator of a school in and you're not sure if your school has a bullying/cyberbullying policy or you're a parent whose child has been a victim, this is a MUST READ.

An organization called Injury Claim Coach recently asked us to reprint this resource on our page. It will get you up to speed on what constitutes cyberbullying/bullying as well as what your school's liability is. Any school who has to comply with state law on bullying/cyberbullying needs to pay close attention. I'm not an attorney, but if your school is mandated to provide a policy, training and reporting of bullying/cyberbullying and has not done so, it is a breach of legal duty and constitutes negligence.


Guide to Protecting Your Child From Bullying and Violence at School
(Reprinted with permission) by Judge Anthony P. Calisi (ret.)
Bullying is an increasingly prevalent problem, with more than 750,000 reported acts of school violence each year.[1][2] Bullying and school violence can occur on and off school property, and involve perpetrators, victims, and witnesses.
Five Forms of Bullying

1. Physical bullying consists of the use physical aggression, such as pushing and punching. Many schools have a zero tolerance policy to physical bullying. Physical bullying can involve one or more perpetrators.[3][4]


2. Verbal bullying consists of the use of language to assail another student, such as teasing, mocking, or name-calling. Verbal bullying often occurs in view of witnesses.[5]


3. Reactive bullying consists of one student falsely presenting themselves as a victim when they themselves are the bully. Reactive bullies persistently taunt, tease, push, or strike their victims until the victim strikes out.[6]


4. Cyberbullying consists of the use of social media to willfully, viciously and maliciously harass a student, whether by posting unflattering and compromising photographs, making derogatory, demeaning, or hurtful remarks, or to otherwise abuse, belittle, or harass another student.[7]


5. Vandalism and theft are forms of bullying that consist of damaging or stealing a student's property, such as their clothing, money, or electronic devices. Feelings of powerlessness, despair, anger, or fear related to social status and school experiences can lead students to vandalize school property.[8]

Go to this link to read more and to learn what a school's liability is.

Recently The Bangor Daily News ran an article "Racism in Maine schools or 'kids just being kids?' which revealed the results of school compliance over the last three years when Maine's anti-bullying law was enacted in 2012.

You should read the whole thing because I'm going to read between the lines.

As the article explained: "Maine’s anti-bullying law requires school administrators to annually report instances of bullying, cyberbullying, hazing or bias-based harassment motivated by race, religion, ethnicity, sexual orientation, age, gender, or any of a long list of characteristics or perceived characteristics.

The Education Department also developed a model policy for schools and required all Maine schools to develop similar policies to deal with bullying, harassment and sexual harassment."

So how did schools do over the last three years?

From the first infograph below, it appears that the majority of schools may not have seriously complied with the law and reporting requirements until 2015--at least that's what the notes suggest. And just 87 of Maine’s 620 public schools reported at least one instance of bullying, hazing or harassment to the state. Not counting Maine's private schools, that means less than 10% of schools have reported a cyberbullying incident.

Look, we know that cyberbullying happens in every single school, so these incidents of under-reporting are troubling at the very least.

The BDN reporter spoke to Rep. Terry Morrison, D-South Portland, who sponsored Maine’s anti-bullying legislation. In the article Morrison said he’s disappointed with the lack of follow-through on the responsibilities outlined in the law.

“We left it up to the department to manage themselves,” said Morrison in the article. “Before we jump the gun and blame them for not caring, we should figure out what … is behind it, and then ask, ‘How can I help you get the tools to succeed?’”

When reporting a cyberbullying incident, the form doesn't ask for race, religion or gender.  Further, Maine does not analyze the bullying reports, according to Anne Gabbianelli, director of communications for the Education Department  who was interviewed by the BDN.

What an astounding missed opportunity this is and exactly what would have been needed, as Morrison stated for schools  "to get the tools you need to succeed." In order to get to the root of bullying and cyberbullying, you need to understand what tactics are being used.

Schools are supposed to report all bullying and cyberbullying incidents, but the law leaves it up to the schools to interpret what constitutes bullying or cyberbullying.  What if the administration don't know what cyberbullying actually is?  Most of the schools I visited in 2012-2013 in Maine to do cyberbullying presentations had a very rudimentary understanding of the nuances of cyberbullying. (I actually learned of one Maine middle school that tried to punish a child for using her friend's password classifying it as "cyberbullying"--which it clearly wasn't.)

While some of the schools I visited are firmly on board with a policy, reporting and training, I can safely say with the majority of schools, there is still a lack of awareness on this issue.

This is the state that led the nation with our 1:1 laptop movement for all middle and high school students. I've spoken to so many parents, teachers, counselors and school nurses who deal with this every day and they are frustrated. A school cannot fix its cyberbullying problem if it doesn't even use the tools it's required to implement.

Let's see what 2016 holds. If you need me to come to your school and deliver a presentation to the administration and a working plan to address cyberbullying, I will bring your administration up to speed on what they need to have in place and then I'll leave you with the right tools (and presentations for kids) that will allow you to take control of this issue in a strategic way.

Click here for more information.

Fitting that on Valentine's Day, an Idaho newspaper Post Register reporting on a Times-News story revealed a new app teens are downloading to their phones called 'After School.'

As we always say: same tactics: different technology. After School is an anonymous Rating Site, which allows users to make lewd sexual comparisons about their classmates with zero consequences. According to the story, the "...widespread use of the After School app has left a vicious mark of bullying in its wake — along with a lot of sex talk that includes the names of students and educators."

Posts on After School message boards tied to other south-central Idaho schools have included nude photos of students, derogatory comments about appearance, name calling and comments about students’ body parts."

If you are a parent, you should already be having a conversation about what apps are unacceptable to download with your teen, especially if you own their phone. Click here on expert advice on how to have The Conversation as well as smart tools to prevent cyberbullying on your teen's phone.

Schools and parents need to know if they try to download the app, they will find it requires student verification in the form of a student identification card or driver’s license. The app logs in the student through his or her Facebook account, which makes deleting it more difficult.

If you need to know how a Rating Site occurs (one of our six most common cyberbullying tactics, buy our Parent's Guide To A Rating Site on Kindle or purchase a softcover copy of Cyberslammed, our award-winning cyberbullying book.

As a thank you to our Maine community, for Internet Safety Day, we are offering ALL of our ebooks for FREE today Feb 10 and tomorrow Feb 11. That’s our award-winning Cyberslammed™ cyberbullying manual for adults, two Parent’s Guides and our companion middle grade novel for tween girls, Ethel Is HOT LOL. Download to your Kindle for an exceptional value!
Click for free download