Cybertraps for Administrators & School Boards

Frederick S. Lane

Alaska Society for Technology in Education

Anchorage, AK19 February 2017

The Four Millennials

Burlington School Bd.

8 Books

Educational Consulting• Lectures and Presentations• Professional Development• Consulting on Policies and

Procedures• Information Sessions for Parents and

Students• “The Cybertraps Blog”• Slideshare.net/FSL3 (87 lectures)

Lecture Overview• Litigation and Liability• Technology Overview• Student Cybertraps• Educator Cybertraps• Administrator and Board Cybertraps• Reactive Steps• Proactive Steps

Duty to Protect Students

• Simple Humanity / Golden Rule• Theories of Responsibility:• In Loco Parentis• Constitutional Law• Statutory Protections• Premises Liability• Product Safety

Legal Responsibilities• Establishment of Policies &

Procedures• Adequate Training and

Supervision• Consistent Enforcement• Avoidance of Negligence• Avoidance of Malfeasance

Rising Litigation & Liability• Increased Responsibility =

Increased Exposure• Perception of Deep Pockets• Negligence v. Gross Negligence• Actions Outside Scope of Authority• Rising Legal Fees & Ins. Premiums• Impact of Technology Is Significant

Targets of Litigation• School District/School

Board• District/Building

Administrators• Colleagues of

Perpetrator• Perpetrator

The Costs of Litigation

• Costs Include:• Lost Time• Possible Legal Fees• Increased Insurance Costs• Possible Adverse Judgment• Reputational Damage

Some Recent Examples• WA school district sued for failure to prevent

cyberbullying• MN school district sued or failing to prevent

abuse of 8 male students• CA district pays $1 million settlement for

failing to disclose teacher’s prior assaults• MI district sued for protecting “star

quarterback” who recorded sexual assault of female student

• KS district administrators sued by teacher who was secretly recorded changing clothes

It’s a Mobile World• Estimated 262 million mobile

users in United States• Roughly 90% of teens use a

cellphone• At least 75% of teens use a

smartphone• Smaller, Faster, Cheaper

A Timeline of Mobile Use

All About Communication

How Teens Socialize• Texting (87%)• Facebook

(61%)• YouTube

(55%)• SnapChat

(46%)

• Twitter (35%)

• Pinterest (16%)

• Vine (16%)• Tumblr

(15%)

Student Cybertraps• Cyberbullying, Cyberharassment,

Cyberstalking• Computer Hacking• Electronic Sexual Assault / Sextortion• Identity Theft and Spoofing• Radicalization• Selfies and Sexting• Threats of Violence• Voyeurism

Technology and Teaching• It’s a Generational Thing• “Digital Natives” Entering the

Teaching Profession• Anywhere, Any Time

Communication• Why Is Your Teacher Calling?• The Creeping Leprosy of Good

Intentions• Shifting Cultural Mores

Educator Cybertraps• Adult Photos and Videos• Child Pornography• Cyberbullying, Cyberharassment,

Cyberstalking• Electronic Sexual Assault / Sextortion• Identity Theft and Spoofing• Racism / Sexism• Solicitation / Sexual Assault• Voyeurism

Fired or Not?

Criminal Misconduct

Administrators & School Boards

• Inappropriate/Hostile Communications

• Accessing Inappropriate or Illegal Materials

• Cyberbullying, Cyberharassment, and Cyberstalking

• Sexting and Solicitation• Freelance Personnel Investigations• Cover-Ups and Spoliation

Reactive Measures• Preservation of Evidence Is

Critical• Consult with Legal Counsel as

Soon as Possible• Follow Crisis Response

Procedures• Provide Appropriate Counseling

and Related Services• Teachable Moments

Legal Risks for Districts• Good Intentions, Bad Outcome• “Sherlock Holmes” Syndrome• Forwarding Content for Advice

• The Cover-Up Is Always Worse• Trying to Protect Colleagues and

Friends• Desire to Protect District by Handling

In-House• “Delete” Is a Myth

Proactive Measures• Plan Ahead• Good Policies and Clear Procedures• Legal Advice Beats Legal

Represenation• Ongoing Education of Entire

Community About Cybertraps• Cultivate a Culture of Safety• Promote Digital Citizenship• Rinse and Repeat

Social Media & Hiring• Can You Review a Candidate’s Social

Media Profile(s)?• Yes, But …• Must Be Consistent• Implies Awareness of Protected

Characteristics• Save Screen Shots of Relevant Info• Best Practice: Don’t Ask for

Passwords• Limit Review to Job-Related Criteria

Contact Information• FSLane3@gmail.com• 802-318-4604• @FSL3, @Cybertraps• www.FrederickLane.com• http://www.fredericklane.com/the

-cybertraps-blog/

• ww.linkedin.com/in/fredericklane/• www.slideshare.net/FSL3

Cybertraps for Administrators & School Boards

Frederick S. Lane

Alaska Society for Technology in Education

Anchorage, AK19 February 2017