Legalization against cyber bullying has its roots dating back to Tittle IX in 1972. Title IX was an amendment to the Higher Education of 1965 in which discrimination based on sex was not allowed on schools that where received federal funding. According to stopbullying.gov any Illinois school that receives Federal funding are required by law to address discrimination on a different number of characteristics. As time and technology passed other cases under Title IX have emerged.
Davis Vs. Monroe County Board of Education (1999)
During this case the father of the victim argued that his daughter had been sexually harassed and deemed the school responsible. According to the National Association of Secondary School Principals the Supreme Court set parameters in which the school was to be held responsible.(A Legal Memorandum pg. 3-4)
· The school has knowledge of harassment
· The school is deliberately indifferent to the harassment
· The school exercises substantial control in which we know harassment occurs
· Harassment is so severe, pervasive, and objectionably offensive that it deprives the victims of access to educational opportunities or benefits provided by the school.
In other words if the school has knowledge of a case of harassment and it is within their power to do something; yet, they do not then they are liable and hold accountable . Different school districts have implemented rules regarding bullying and cyber bullying in our outside of their schools. This leads to a major debatable question. Where does one’s freedom of speech under the First Amendment of the Constitution go?
Klump v. Nazareth Area School District
This case relates to cyber bullying because it deals with how laws have been playing catch up with cases regarding technology. In this case a student’s cell phone was confiscated and a text message was received linking the student with drug distribution. The student was then expelled; consequently, he sued claiming unlawful search and seizure of property. This case provides a teacher with the knowledge that he/she cannot go through a student’s cell phone without the proper knowledge of the steps that should be taken. In reality there are no cyber bullying laws because the federal government does not recognize cyber bullying as a crime; thus, these crimes fall under harassment and stalking statures.
Davis Vs. Monroe County Board of Education (1999)
During this case the father of the victim argued that his daughter had been sexually harassed and deemed the school responsible. According to the National Association of Secondary School Principals the Supreme Court set parameters in which the school was to be held responsible.(A Legal Memorandum pg. 3-4)
· The school has knowledge of harassment
· The school is deliberately indifferent to the harassment
· The school exercises substantial control in which we know harassment occurs
· Harassment is so severe, pervasive, and objectionably offensive that it deprives the victims of access to educational opportunities or benefits provided by the school.
In other words if the school has knowledge of a case of harassment and it is within their power to do something; yet, they do not then they are liable and hold accountable . Different school districts have implemented rules regarding bullying and cyber bullying in our outside of their schools. This leads to a major debatable question. Where does one’s freedom of speech under the First Amendment of the Constitution go?
Klump v. Nazareth Area School District
This case relates to cyber bullying because it deals with how laws have been playing catch up with cases regarding technology. In this case a student’s cell phone was confiscated and a text message was received linking the student with drug distribution. The student was then expelled; consequently, he sued claiming unlawful search and seizure of property. This case provides a teacher with the knowledge that he/she cannot go through a student’s cell phone without the proper knowledge of the steps that should be taken. In reality there are no cyber bullying laws because the federal government does not recognize cyber bullying as a crime; thus, these crimes fall under harassment and stalking statures.
By: Ruben Olivares