Tánaiste PDST

March 30th Portlaoise

David Ruddy BL

Cyber Bullying & the Law

NAPD Survey

1000 post primary pupils & parents surveyed

10% admitted to bullying online 16% Claimed to be victims 64% parents under 35 monitored 40% parents over 45 monitored

Social Media usage per day

Whats APP 30 Billion Snapchat 750 Million Face Book 350 Million Instagram 90 Million

Social Media

93% of recruiters will check you out online

79% have hired via Linkedin 26% via Facebook 80% of 12-15 year olds have a

social networking profile

Code of Behaviour

Education (Welfare) Act 2000 Section 23

Each school is required to prepare and make available a code of behaviour for its students

Guidelines for developing a Code of Behaviour (NEWB) 2008

DES Circular 45/2013

Anti-bullying Procedures for Primary and Post Primary Schools

Full compliance with procedures-new policy by Easter 2014

Published Cyber-bullying ,homophobic, racist

What is Bullying? Circular (0045/2013)

“unwanted negative behaviour , verbal,psychological or physical, conducted by an individual or group against another person(or persons) and which is repeated over time”

Types of Bullying-Non Exhaustive

Deliberate exclusion Cyber bullying Identity based bullying Intimidation Physical Aggression Damage to property

Reporting

Standardised Reporting Template When ? Serious incident /Bullying

behaviour not appropriately addressed

Once a term to BOM BOM annual review DES/Patron

Ryan Collins v Abbey CBS Armagh(County Court) 2014

Negligence action Allegations concerning bullying by other

pupils School appeared to operate no blame policy Poor record keeping/use of sanctions Many investigations Boy left school

Cyber Bullying

Criminal Law Non Fatal Offences Against the person Act (1997)

Assault Harassment Threats to kill or cause serious

injury Civil Law Defamation

Cyber Bullying

Inappropriate or hurtful messages through text, social network sites, mail, instant messaging, apps, gaming sites, chat rooms etc, which, as it does not require face to face contact, can occur at any time (day or night),and can facilitate other forms of bullying, e.g. homophobic bullying

What About a Single Incident ?

Once-off hurtful/offensive public message, image,or statement on social network site or other public forum where it can be viewed and/or repeated by others is regarded as bullying behaviour.

Coláiste Chiaran, Croom.Co Limerick

28 pupils liked a derogatory Facebook post regarding personal

life of a teacher Outcome ?

Non- Fatal Offences Against the Person Act 1997

Section 10 (1) Use of telephone to harass

another by persistently following, watching, pestering, besetting or communicating with him/her shall be guilty of an offence.

Examples of Harmful Internet Communications

In 2013 case a man was convicted under section (10) of bullying by sending 500 offensive,threatening,explicit, text messages to a teenage boy

Irish Independent 22 January 2013

Post Office (Amendment)Act 1951

Amended by the Communications Regulation (Amendment Act)2007

Offence to send by phone or text Any message that is grossly

offensive, indecent, obscene, or menacing

(Should be amended to include social media& online communications)

Remedies

Takedown Notice (SI 68/2003) Norwich Pharmacal order –

disclosure of IP address of unknown persons

Defamation

Data Protection

Disclosure of personal data

Enforcement of Data Protection 1988 act amended in 2003 in line with EU Directive 95/46/ECInjunction

Harmful & Malicious Electronic Communications Bill 2015

Protecting Your School

(1) Regulate the use of social media by introducing an Acceptable Use Policy(AUP)

(2)Robust Anti Bullying Policy (3)Education Programme (4)Take action where policies

breached

Follow the policy blindly & do not deviate from it

Develop a mindset that isn't personal

Its business and part of the role of a school leader

Importance of competent adviceSchools that don’t manage get into trouble

23

Admissions to Schools

Admissions to School

New Bill 2016 Education Act (s.15) 1998 Education Welfare (s.19)Act 2000 Case Law

Education Welfare Act S(19) 2000

(1) Refusal must be in accordance with Admission Policy

(2)School entitled to be supplied with relevant information.

(3) BOM communicates decision within 21 days.

Refusing in most exceptional cases ??????

The student has special needs such that the school cannot meet such needs and cannot provide an appropriate education.

Student poses unacceptable risk to other students/staff/school property

Westmeath VEC v DES& ORS (High Court) 2009

School refuses enrolment for a “transfer” application

Right of Appeal Committee to overturn/rewrite school admission policy?

Mr & Mrs x v A Boy’s NS(Equality Tribunal ) 2009

Boys school & Co Educ autistic unit. School refuses to enrol non autistic

girl

Lucan Educate Together V DES & Section 29 Appeals Comm

High Court (2009) Dispute over interpretation of

assessment reports

ADMISSIONS TO SCHOOL BILL 2016

Restrictive policies giving preferential treatment to pupils of parents who attended the school abolished ???????(STOKES case)

Waiting lists & upfront voluntary contributions prohibited

2 or more schools can be directed to operate common policy

When can schools refuse admission ?

School full Equal status exemptions Parents refuse to sign acceptance of

code of behaviour Gardaí or Child and Family Agency

write to school and give an opinion that admission of student detrimental to H&S

Who is responsible for admissions?

The principal Parents can appeal refusal of

principal to BOM BOM decision final, but parents can

appeal to National Council for Special Education(NCSE).Child and Family Agency (EWO)

Both agencies can designate a school

Removal of BOM Powers

By ETB By Minister Appointment of independent person

to implement admission process

Final appeals

Bom can appeal a designation Parents who are refused admission

for pupil may appeal New appeal body to be created by

Minister