Circleville High School

Legal Update

Cyber-Bullying, Cyber-Cheating, Sexting, etc.,

This information is courtesy of Rick Mann, legal counsel for OASSA.  The points below represent a summary of Mr. Mann’s presentation to the staff and students of CHS on TH.12.09.10.

  • Actions in the cyber-world can and do impact the real world.
  • There is NO privacy in the online universe.
  • Companies freely cooperate with law enforcement, and subpoenas cut right through any so-called “private” online information.
  • A recent survey indicates 35% of companies have failed to hire or promote workers after conducting an online search about them.
  • The front-page test.  Don’t press “SEND” unless you’re willing to sign your name on it and have it printed on the front page of the Circleville Herald, Columbus Dispatch, etc.

 

CHEATING

  • A recent survey indicates 75% of our students have cheated at least once, 50% cheat frequently, and 10-20% cheat as a habit.
  • Reasons students cheat:

o   #1 – Pressure from parents, peers and others to get good grades and attend a good college or university.

o   #2 – Students are unprepared for the test.

o   #3 – It’s a game to them.

  • At top universities and all the military academies, rules about cheating are more strict, and they use the honor code.  This means students can be expelled on the first offense (with no refund of tuition), and that students who know about cheating but fail to report it may also face the same consequence.
  • It is a matter of time.  Especially in the working world, you WILL get caught.  People have been fired for falsifying information on a resume.
  • Recommendation for a school-wide cheating policy:

o   1st offense – Send a letter home to the parent, and require the student to re-take the test for NO credit.

o   2nd offense – Letter home; copy of letter in the student’s permanent file; copy of the letter attached to the student’s transcript whenever it is sent out to a college or university.

o   3rd and subsequent offenses – letter home; letter in the file; school will contact and withdraw the transcript from any college or university to which it has been sent; school may also impose additional discipline.

 

PLAGIARISM

  •  Even if found online, you must still cite your source.  This gives credit to those who did the work, and enables teachers to evaluate you.
  • Teachers may use sites such as turnitin.com.
  • Once plagiarism becomes a habit, then it’s a problem.

BULLYING

  •  There is no joking online.
  • In a recent case, two students from southern Ohio were each sentenced to five years in prison for conspiracy to commit murder when they “jokingly” expressed their love online by saying they would kill a classmate to show how much they loved each other.  They communicated all of this to each other online, and other students got wind of it and reported it.  When questioned, both students said they were just joking and would never actually go through with it, but the prosecutor didn’t see it that way.
  • In a recent survey, 20% of high school students reported being severely bullied, and 60% reported being the victim of bullying at least once.
  • There have been six recent bullying-related deaths in Ohio.
  • Bullying is serious.  Perpetrators can get in trouble at school and with the law.
  • In Ohio, it’s the law – ORC 3313.666.
  • Even if bullying occurs off school property and school time, once it has an effect on education, the school can take action.
  • The law does not care where you are when you hit “SEND”.

 

THE THREE Rs

  • If you are the victim of bullying, remember the three Rs:

o   Retain – save any bullying posted online, texted to you, etc.  Do not delete it.

o   Report – If it happens more than once, Ohio law considers it to be bullying.  If it’s a real threat, you should report it at once.  Don’t wait for them to follow through.  Share what you have retained with the appropriate authorities.  Talk to someone in authority you trust.

o   Respond – Do not let the bully see it affect you.  Don’t give them the satisfaction, or it will continue, and may get worse.  If the bullying involves sexting, do not respond at all, and report it immediately.

 

SEXTING

  • Definition – any nude picture that is electronically transmitted.  Nude – full-frontal or any depiction of breasts that shows the nipple.
  • In a recent survey, over 40% of students reported receiving and/or seeing a nude picture of another student on their phone or other mobile device.
  • Sexting can result in multiple felonies.  Taking and sending a photo = 4 felonies.  The recipient may be guilty of a level-3 felony.  Re-transmission = 2 felonies.  If you are 18, then you go to jail.
  • Anyone involved in sexting can be forced to register as a sex offender for 15 years to life.
  • If the image being transmitted is of a person under the age of 18 = child pornography.
  • Remember that parties and the pictures taken at them can now affect your employment years later.

 

SEXTORTION

  • Definition – extortion based on sexting.
  • Most sexting occurs between couples. Boys - 15%; girls – 85%.  High school relationships either work out or they don’t.  If they work out, then why look at a picture on your phone when you have the real thing?  If they don’t work out, then why do you want a person who is now possibly angry, disappointed and vengeful having a compromising picture of you?
  • Once you press “SEND”, the picture is out there forever.
  • Remember that there is no expectation of privacy in the online world.
  • People are now contacting high school girls who have transmitted pictures and are demanding that the girls pose for them, engage in prostitution, etc., or they will publicly post the images (along with personally identifying information) for their family, friends and the world to see.


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