Obtaining Cyberbullying Evidence from Third Parties at School

default_cyberbullying

Here is a recent question submitted that we thought could help others in a similar situation: “In my role as a school administrator, many of the accusations regarding cyberbullying come from third parties. I am unable to produce evidence on the accused offending party because I do not have access to their media device (i.e. texts on cell phone, or access to their social network page). What do you recommend administrators do to address this matter when a third party relates the information? How do we “get the goods” on the accused?”
A: In this situation, it is important to first evaluate the reliability and validity of the statements made by the third party. Is this person known to lie about things like this? You always have to think about the possibility that the case might eventually make its way to court – and if it does, the reputation of the source of the accusation might be an issue. Otherwise you could encourage the third party to have the victim come in to talk to him, or the administrator could approach the victim directly to get the evidence. To be sure, you should also have policy on the books stating that administrators can seize and search the devices of youth where there is reasonable suspicion that a school policy violation has occurred, or that he or she has behaved in a way that infringes upon the rights of another student (or students) to feel safe at school. Then, I would get the digital evidence from the third party or from other students you identify during your investigation that might have evidence on their phones as well. Of course, if a crime has possibly been committed, you can work with law enforcement to subpoena the evidence from the content service provider, cell phone service provider, or Internet service provider. If the child just messed up and acted unwisely and on emotion – call him or her into the office and convey the severity of their offense, and determine if he or she just made a mistake. If so, give them a second chance and exact a minor sanction. If not, consider a more severe penalty.

18 Comments

  1. Thanks for sharing the information. Hopefully with shared info/resources, we can identify bullying on EVERY level as well as provide resources for those affected by bullying!

  2. Thanks for sharing the information. Hopefully with shared info/resources, we can identify bullying on EVERY level as well as provide resources for those affected by bullying!

  3. Take a look at Board Policy. If policy states no Cell Phones on campus, then we have an infraction of the policy and thus reasonable search. Although a tough one to sell to parents, a no cell phone on campus policy creates the safest environment for kids and the best case scenario when we want to search phones that might have been used to tape a fight in the bathroom, send cruel texts, or cheat on a test. It is a tough debate to get into, because as a one time school administrator I wanted the right to check any phone at anytime, therefore I wanted a policy of no phones on campus. As a father I want my kids to have a phone on them at all times, so that they can call anyone at anytime if they are ever in danger…

  4. Take a look at Board Policy. If policy states no Cell Phones on campus, then we have an infraction of the policy and thus reasonable search. Although a tough one to sell to parents, a no cell phone on campus policy creates the safest environment for kids and the best case scenario when we want to search phones that might have been used to tape a fight in the bathroom, send cruel texts, or cheat on a test. It is a tough debate to get into, because as a one time school administrator I wanted the right to check any phone at anytime, therefore I wanted a policy of no phones on campus. As a father I want my kids to have a phone on them at all times, so that they can call anyone at anytime if they are ever in danger…

  5. my daughter was attacked by another girl at school. she defended herself as i have always told her to do. she did not start the fight nor envoke it, only defended herself. the incident was caught on the schools cctv. the principal refuses to either show me or give me the tape. i would like to know if anyone knows a way i could legally obtain said tape. i have a sneaking suspicion she is hiding more to the story.

  6. my daughter was attacked by another girl at school. she defended herself as i have always told her to do. she did not start the fight nor envoke it, only defended herself. the incident was caught on the schools cctv. the principal refuses to either show me or give me the tape. i would like to know if anyone knows a way i could legally obtain said tape. i have a sneaking suspicion she is hiding more to the story.

  7. I also think that it is very important to follow up with the third party's complaint as it is important that students know that if they have an incident to report that they can come to you as the administrator to help deal with the situation. I feel it is essential to keep the students as our partners in fighting crimes such as cyberbullying. If we don't have people that come forward and report what is going on in a world that we may have not incite to, as adults we remain clueless bystanders in a war on our students and children. I have heard of students who have majorly injured themselves as a result of cyberbullying. In one specific example the student and parents came forward to administration and did not have their complaints followed up on (according to one source). It is essential to always do your research in these situations!

  8. I also think that it is very important to follow up with the third party's complaint as it is important that students know that if they have an incident to report that they can come to you as the administrator to help deal with the situation. I feel it is essential to keep the students as our partners in fighting crimes such as cyberbullying. If we don't have people that come forward and report what is going on in a world that we may have not incite to, as adults we remain clueless bystanders in a war on our students and children. I have heard of students who have majorly injured themselves as a result of cyberbullying. In one specific example the student and parents came forward to administration and did not have their complaints followed up on (according to one source). It is essential to always do your research in these situations!

  9. The first question I would like to know is how to react if put in a situation dealing with cyberbulling? What will I do and want to do if my child is being bullied? What would and wouldn’t be the right approach and thing to do?

    I know as an adult the expectations would be set high and handling in a mature manner should be my approach. But would I become too mad and do something I don’t suppose to? It’s hard to say because I have never witnessed or been in a situation identical. Some parents do and they are hurt, angry, paranoid, and left without answers to solving the problems. What about turning off the computer, which I believe will only mean they are running away from their trouble. The children that turn off their computers will miss out on all the positives about using internet. Just as the book states it’s like telling a kid bullied at school to stop going to school. Is that the type of attitude you want to engrave in your child? I know that’s nowhere near what I want to create. So as adults should continue to play their role and talk to each other about their kids. This doesn’t mean it will have an effect, but how would you know if you don’t try. My purpose would to give it my all and everything I got for my child. Because it would hurt me to see her constantly go through that pain.

    The following are what parents should do:

    • Make sure their child is, and remains safe

    • Collect evidence

    • Contact the school

    • Contact parents of offender

    • Contact the service provider or content provider

    • Contact the police when physical threats are involved

    What parents shouldn’t do:

    • Talk about the hurtful nature of bullying

    • Apply reasonable consequences

    • Set firm limits and stick to them

    • Consider installing tracking software

    • Closely monitor computer/cell phone usage

    • Convey firmer consequences if the behavior continues

  10. How should schools respond to such activity?

    • Assess the immediate threat (which means become active of the situation)

    • Ensure the safety of the target (protect who’s being bullied)

    • Demonstrate compassion and empathy to the target

    (Why is that person being bullied?)

    • Restrain the bully if necessary (keep bully away from one bullied)

    • Investigate and gather evidence (make sure it’s real and have evidence)

    • Contact parents

    • Etc.

    If schools follow this exactly how it says, there shouldn’t be a problem. But that’s the biggest problem, schools don’t follow and do what they supposed to along with it getting worst than they really supposed to be. People need to stop being lazy and start doing what they supposed to do. Allowing a bad situation to get worst than it already is, is not a good idea or thing to do. Stopping it from getting out of control is the smartest and safest way to go. Set an example that can be affective and have a chance at stopping future victims from becoming bullied.

  11. How should schools respond to such activity?

    • Assess the immediate threat (which means become active of the situation)

    • Ensure the safety of the target (protect who’s being bullied)

    • Demonstrate compassion and empathy to the target

    (Why is that person being bullied?)

    • Restrain the bully if necessary (keep bully away from one bullied)

    • Investigate and gather evidence (make sure it’s real and have evidence)

    • Contact parents

    • Etc.

    If schools follow this exactly how it says, there shouldn’t be a problem. But that’s the biggest problem, schools don’t follow and do what they supposed to along with it getting worst than they really supposed to be. People need to stop being lazy and start doing what they supposed to do. Allowing a bad situation to get worst than it already is, is not a good idea or thing to do. Stopping it from getting out of control is the smartest and safest way to go. Set an example that can be affective and have a chance at stopping future victims from becoming bullied.

  12. With an increase in technology use comes a new form of bullying, known as cyberbullying. A child having any form of technology from a cell phone to a laptop makes them susceptible to cyberbullying. Cyberbullying tends to have more side effects than traditional bullying. Therefore it is important that parents, educators, and victims combat this issue as soon as it occurs. The only advantage to this form of bullying is the ability to keep digital evidence.

    Harassing emails should be kept in a subfolder within the email account and a hard copy printed. In order to prevent random bullying, children should create gender neutral email addresses and create strong passwords. Threatening text messages should never be deleted nor should you respond. All other internet related cyberbullying such as social networks, emails, chat rooms, etc can be saved by taking a screenshot. Some sites such as Youtube, Facebook, and AOL have a service that allows for complaints to be filed. The screenshot can be used as evidence when filing these complaints. If the threats are serious in nature, any of this evidence can be taken to law enforcement to bring about a stop to the bullying.

  13. With an increase in technology use comes a new form of bullying, known as cyberbullying. A child having any form of technology from a cell phone to a laptop makes them susceptible to cyberbullying. Cyberbullying tends to have more side effects than traditional bullying. Therefore it is important that parents, educators, and victims combat this issue as soon as it occurs. The only advantage to this form of bullying is the ability to keep digital evidence.

    Harassing emails should be kept in a subfolder within the email account and a hard copy printed. In order to prevent random bullying, children should create gender neutral email addresses and create strong passwords. Threatening text messages should never be deleted nor should you respond. All other internet related cyberbullying such as social networks, emails, chat rooms, etc can be saved by taking a screenshot. Some sites such as Youtube, Facebook, and AOL have a service that allows for complaints to be filed. The screenshot can be used as evidence when filing these complaints. If the threats are serious in nature, any of this evidence can be taken to law enforcement to bring about a stop to the bullying.

  14. “you can work with law enforcement to subpoena the evidence from the content service provider, cell phone service provider.” Your “Data Retention” blog states that if I have Sprint or AT&T law enforcement can’t subpoena them, the content is never retained. What kid saves a cyberbullying insult received or sent? Has anyone had luck serving Facebook or Twitter with a subpoena?

Leave a Reply

Your email address will not be published. Required fields are marked *