Introduction
Bullying poses a severe threat to the health and well-being of the child, and therefore attention to the incidents and their solution is necessary. Teachers play a crucial role in managing student bullying, as they can take action to investigate cases and prevent them (De Luca et al., 2019). At the same time, educators should not interfere in the private life of students and act only within the framework of established laws and procedures. The purpose of the current paper is to describe the actions teacher should take in response to cyberbullying through Facebook at a school in P.176X Truman High School, New York. The report also explores possible First Amendment arguments, which abusers can use in their defense, and suggests responses to them. Despite the First Amendment providing freedom of speech, bullying does not fall under the protection and is prohibited.
Response to Bullying
New York has passed a number of anti-bullying laws and regulations. They define bullying as committing abuse, intimidation, or threats to create a hostile environment, which harms students’ health, violates their educational performance, causes fear, or carries the risk of physical and mental damage (“New York anti-bullying,” 2021). Cyberbullying is the same actions performed through electronic communication, such as Facebook (“New York anti-bullying,” 2021). These laws require schools to appoint employees responsible for accepting statements about bullying, conducting investigations and reporting cases.
The teacher’s actions in P.176X are determined by the school’s rules and by the Department of Education (DOE), which replaced the Board of Education. According to the school handbook, the administration is guided by DOE policy and recognizes bullying as prohibited (Guerriero et al., 2022). The New York City DOE (n.d.), in turn, describes the necessary steps for teachers:
- After receiving a notification about bullying, the staff member reports to the principal and the parents of the students and begins a case investigation.
- The teacher speaks separately to students involved in the incident for details and asks about possible evidence or witnesses.
- The educator asks the students and witnesses involved to prepare written statements.
- School staff review the bullying case and considers all gathered evidence and influence factors.
- A case report is generated and sent to the parents.
- Staff provides support to the victim, the offender, and, if necessary, witnesses to the incident, for example, through referral to a social worker, counselor, or other appropriate actions (The New York City DOE, 2021).
Considering First Amendment Arguments
One might consider that anti-bullying laws and the right to free speech are conflicting. For example, the considered case with the message on Facebook occurred outside the school. The accused student can argue that they did not lead to the disruption of school activities (Hudson, 2021). However, the student’s behavior refers to the actions the school must limit, and the investigation already breaks the usual school agenda (Hudson, 2021). Another potential argument of the student is the blurring definition of cyberbullying and the difficulty in proving that their message is prohibited (Hudson & DeVerter, 2018). However, The New York City DOE (2021) gives a specific list of actions that can be considered bullying. Thus, the incident poses a threat to the student and requires investigation, which violates the school order. However, in the inquiry, it is necessary to determine whether the action falls under the category of bullying.
Conclusion
Thus, bullying in any form is prohibited in educational institutions, and upon notification of incidents, staff will start an investigation. It includes several steps implying communicating with the students and collecting evidence for subsequent support. In New York, the process is regulated by state laws, DOE, and school rules. A ban on bullying can challenge the First Amendment and the right to free speech. However, given the harm of bullying, its prohibition is justified and necessary.
References
De Luca, L., Nocentini, A., & Menesini, E. (2019). The teacher’s role in preventing bullying.Frontiers in Psychology, 10, 1-9. Web.
Guerriero, A., Faccilonga, E., Gibson, Y., Olivo, A., & Sabatello, A. (2022). P176X staff handbook. 2022-2023 school year. P176X School Purblishing.
Hudson, D. L. Jr. (2021). Federal judge rejects First Amendment challenge in school bullying incident.The Free Speech Center. Web.
Hudson, D. L. Jr., & DeVerter, R. (2018). Online speech. Freedom Forum Institute. Web.
New York anti-bullying laws & policies. (2021). Stopbullying.org. Web.
The New York City Department of Education. (2021). Regulation of the Chancellor A-832: Student-to-student discrimination, harassment, intimidation and/or bullying. Web.
The New York City Department of Education. (n.d.). Frequently asked questions: Student-to-student discrimination, sexual and other harassment, intimidation, bullying.Web.