Ontario Proposes School Cyber-Bullying Law 267
nursegirl writes "Ontario announced today a proposal to change their education act to add both physical bullying and cyber-bullying to the list of behaviors that can get a student suspended or expelled. Posting comments, pictures, or videos attacking other students or teachers outside of school hours will carry the risk of school punishment, if the incident is believed to have an 'impact on school climate.'"
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Re:Good on them. (Score:5, Insightful)
Re:Good on them. (Score:5, Insightful)
For example: http://www.paulgraham.com/nerds.html [paulgraham.com]
Laws against adult bullying are a lot more lax because adult bullies have a lot less opportunity to actually have an effect. Children are a lot more vulnerable to this sort of behaviour, both because of their age and the fact that they are pretty much stuck in school and not allowed out. If you hate your co-workers, you can always try to find a new job. In many societies you can't change schools that easily, if at all. Children are also more likely to engage in sociopathic behaviour towards their peers.
Yes. Having a thick skin is the price of living in a free society... but for adults, not for children.
Re:Good on them. (Score:4, Insightful)
We're talking about children here. Most adults would brush off what is called cyber bullying.
That's because back in the dark ages when *they* were kids, telephones still had cables attached and there was music on MTV, their parents told them they needed to get over it and stop being such a baby. Unfortunately with today's helicopter parents, bringing up the cotton-wool generation(s), the mere _suggestion_ that someone might be doing any sort of vague harm to their precious darlings is enough to get them parachuting in with all lawyers blazing.
Bullying taught me the value of delayed revenge. (Score:5, Insightful)
In today's society, this seems like a valuable skill to have. The legal system is too expensive for what you get, so you might as well DIY.
Re:Good on them. (Score:5, Insightful)
Adults don't magically gain maturity on reaching 18 or 21. Maturity is gained through a process of learning to have a thick skin ... and that starts very young.
Bullying can only occur when there is a disparity between the aggressor's ability to attack, and the victim's ability to defend. Thus "nerds" being the victims of bullying "jocks".
Now along comes the Internet, and Oh Crap! Jonny Football Hero can't physically bully Nedrick the Nerd anymore, or he's going to have himself photoshopped into a very compromising position and plastered on the bathroom walls.
Taunting has long been the only weapon of the victim of physical bullying. The Institution doesn't give a rat's arse unless they manage to catch a bully in the act. The only "problem" here is that now nerds have given taunting a power-up with technology, to the point that it is actually an effective weapon for a counter-attack.
Although that this statement is completely unfounded, it makes a good point for enforcing rules against physical bullying and leaving free speech the hell alone. It's not coincidence that school shootings are carried out by unpopular, downtrodden kids. If a little more attention was paid to making the True American Football Players realise that being a wimp isn't Unamerican and worthy of being pushed around, then (a) the 99.8% of school football players who don't turn it into a career will get better jobs working for the wimps, and (b) the wimps are less likely to prove that they are clever enough to take out the entire class by applying a bit of forethought (bring a gun) and less weightlifting.
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No they don't. Some of them never do. But I tire of this so-called "argument". We can't tailor the law to every single individual, so we set an age (usually 18) where most people are considered to be responsible. If you think that is the wrong age when most people are responsible, then agitate for it to be raised or lowered. Abandoning it is not an option.
So what if we have to put up with a few mature kids being denied adult rights, or a few immatu
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Um, my point here is that maturiy is a process, not a date. I'm not arguing about the need to have a date (since we can't assess maturity on an individual basis), but about the idea what we must completely shield people under that age from the stuff they will encounter and have to deal with as adults, thereby preventing the process of maturity, and ensuring that they WILL be children rather than adults at that date.
Emphasis here is on completely shield. Obviously non-adults need greater protection than
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Yes ... I learned that by appealing to an external authority for enforcement you ostracise yourself from your peer group. I learned that without an external authority you are helpless in the face of aggression. I learned that adults are poor judges who make no distinction between aggression, defense and retaliation. I learned that you can't prove who started it -- it doesn't matter who started it -- and that the victim wi
Re:Good on them. (Score:5, Informative)
Now you see, that's called "assault", and it's a crime no matter what the age or location. Capturing and distributing it means you are making evidence against yourself widely available (read: stupid), so that the cops can enforce the law against "assault". No need for special laws involving bullying.
Re:Good on them. (Score:5, Interesting)
Not only did the adults never do anything, they participated in the emotional bullying. I recall one incident where a female friend had suffered a loss and I was taking her to the school pshychologist. As we sat in the front office waiting, I was hugging her and doing the supportive friend thing, and one of the office ladies made some remark to another office lady about us being lesbians, which we heard. When we complained to the principal, we were basically told he couldn't do anything about it since he didn't hear it. So I don't know why I thought they'd care about the damn stoning.
I applaud the effort to have some repercussions for *any* type of predatory behavior. I only hope they don't zero-tolerance policy the thing into persecution. I know TFA said they're taking out the ZTP, but sadly I see this potentially devolving into kids getting suspended for posting something on Myspace like "Jenny's a bitch she stole my boyfriend," or "I hate Mr. Smith, he's such a tool."
As far as just "getting over it," or developing a "thick skin" from it, as someone mentioned, I'll say this: My skin might be thicker for the experience, but it's scar tissue.
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It's funny you say that, because there was an interview on the BBC with a teacher who was complaining about it. It really sounded like he was upset with what happened to him and was pushing for the law.
I believe he was filmed on a cell phone as a student pantsed him and that was put on youtube. The teacher did not seam to really care about the students at all, and only the other faculty.
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Or at least that's what everyone thinks. Whether it is true or not is another question.
I don't claim to have been a complete adult at the time, but when I was twelve, I knew the difference between right and wrong. More to the point I knew where the line was between messing around with someone and seriously offending them. Sure I would crack a joke or two, but if someone came in with a gigantic pimple on
Sorta OT, but Graham misses the point (Score:3, Insightful)
The fact is, a number of kids (and adults) suffer from Asperger Syndrome [wikipedia.org]. In a nutshell, it's missing the whole input circuitry for "body language". An aspie simply doesn't have the equipment to deal with those popularity games. He can go on for years talking about the wrong topics, or wearing the unfashionable clothes, or looking bored at the wrong time, and won't even know that he offended a
Re: Adult Bullying (Score:2)
With the increased capacities of adults, comes increased capabilities for bullying. The adult versions are called Slander & Libel. Can you brush those off so easily when they would affect your community reputation?
Actually, these steps in the article go a ways towards *extending* the adult protections towards children. You don't like the smear campaign someone posted to YellowRag.com? Send a Cease & Desist letter. Little Joey doesn't like Big Bernard stealing his class photo and
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But..but..but I don't want them taking the Daily Show off air!
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Actually, that's exactly what it means, as long as those acts are committed via speech. Otherwise you beleive in somewhat-free speech.
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"Free speech" is defined strictly in your relation to Congress. No, really, go actually read that ammendment some day. It doesn't give you a right over anyone else, and it doesn't mean anyone else has to tollerate it.
If you want to use
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In other words, just because a dumbed down art
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Re:Good on them. (Score:5, Insightful)
Nobody? Didn't think so.
Now - will somebody please tell me the difference between that full-page add, and a video posted to youtube?
There *is* none. It's the same act.
"Information-based society" is a cop-out. It's still libel, and it's about bloody time the law started CATCHING UP to the "information-based" society. I don't give a damn about the technology that is or is not involved - People still should be held responsible for their actions.
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Now, will somebody please tell me the difference between a semi-public gathering among
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Just for clarification, in places like the U.S., making insulting & deriding statements would be alright if the statements were true. There are also other circumstances - such as posting a video of inappropriate remarks made by said person in a public forum, such as a school assembly - were it might also be alright.
The issue here doesn't seem to be about libel though. The mission of schools to educate may give it some reasonable justification for policing behavior. However, there does seem to be a fin
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There are a few exceptions to this... if there was a dark skinned gentlemen born to unmarried parents who suffered from a mild intellectual disability, and I were to publicly refer to him (eg in a newspaper, tv show, or other public media) as a "black retarded bastard", I'm not sure that I'd get away with it, even though all the terms I used in the label were technically '
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And further to this, just think about how these bullied kids grow up. The phrase 'Going Postal' springs to mind.
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My argument is simple: The purpose of school is educating students, not policing them. Sure, 10 year olds are impacted by the behavior of others - bullies, abusive parents/siblings, gangs, and a whole host of other problems. These are not problems the school can solve nor should be trying to do so.
According to your argument, we would also have the school addressing these other problems to "maintain an environment conducive to learning". It's not feasible or appropriate, and it carries many negative implic
Add? (Score:2)
Show of hands -- Here's One (Score:3, Insightful)
I agree that students need to be protected from bullying. I'm not wild about laws like this. They will surely be abused. But, I can't think of a better answer. So I'll stand with you in protecting the inmates of the educational establishment.
But teachers and the principal? The last thing the world needs is laws that shield those in authority from criticism.
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Criticism: Principal X selects based on political affiliation, not ability.
Libel: Princpal X is a crack addict [1].
Not rocket science, is it?
[1] if he isn't one.
Great. (Score:2)
Does enyone else remember when we had that great internet completely void of government?
I wish there was a way to bring that back.
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So what period of time are you thinking of when government money wasn't at least a significant minority of the support for the net? When government supported researchers weren't a significant
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It was also devoid of the average person. A former co-worker used to say, before the September than never ended, "When the Internet becomes representative of the general population, I'm getting off."
My thoughts (Score:5, Insightful)
Can a school legally (or morally) get away with punishing a student for an action committed outside of school grounds if the action isn't illegal in the first place? Wouldn't it be better to seek legal action and then the school take action based on whether there is a conviction or not?
Has anyone ever heard of a restraining order up there in Canada?
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Should the school go "not our problem, we say no phones allowed" or attempt to control this problem with a 2 pronged assault?
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Posting lewd pictures of someone.
Defaming someone by posting false information about them.
Posting on one's message board that one is going to take a baseball bat to their head next time you see them.
All of these I believe are legal issues, and if it is a legal issue, I see no reason why a school cannot get involved. In my opinion, I would prefer a school to take the following steps.
Suspend
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Religious (and possibly private) schools, if outlined in their school rules, can impose restrictions based on immorality if they so choose. However, for other schools (e.g. public), if it is not illegal, and if it is not harmful to the learning process, no harm, no foul.
In the event of bullying, sure, the parents and students need to sit down and work this issue out with someon
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What if your son was bullying another child? Chances are they have picked on other students before. Would you want the police called? Or would you prefer to be informed by teachers so you could discipline your child?
I think it's safe to s
Define bullying (Score:2)
Focusing just on cyber-bullying, let us consider the following.
If a student says that he wishes another student were dead, that he hates the other person, but doesn't "threaten" the student in any way, I don't think the school should act.
However, if a student says he is going to beat another student up, saying that he is going to blow up his house or another violent act, then yes, the schoo
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School is a place where children go to learn. Children are not adults, they don't behave like adults and they don't have the same rights as adults. If they misbehave, the teacher has authority to punish them. Now, that authority does not always extend outside the school property but it's crazy to say that only criminal offences, or only actions serious enough to merit a civil lawsuit or restraining order, shoul
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Cyberbullying? GImme a break (Score:5, Insightful)
If people actually are documented attacking others on video or in a picture, then they deserve to be charged with assault and dealt with accordingly.
A specific statement regarding "cyberbullying" potentially could trample om free speech.
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She indicated that their plan for the cyber bullying is to gather students and ask them what THEY would consider to be cyber bullying. That will start the discussion about what constitutes cyber bullying.
Having read about some cyber bullying, I'm glad to see that this action is being taken. There are cases of people getting 100's of text messages abusing them, of myspace/facebook/etc pages being overrun
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you certainly do not have to visit a myspace page where you are being slandered
No, you don't. But others do visit those pages, and this has effects on real life. And cyber-bullying is often more than just writing "foo is an asshole". It involves posting embarrassing and exposing pictures, movie clips, and gossip.
Besides, it is irrelevant wether you, melikamp, think that this is not important. The victims of cyber-bullying do feel very distressed, and do so in practically every case. To them it is impor
Re:Cyberbullying? GImme a break (Score:5, Insightful)
It is unthinkable that any student will be prosecuted for learning outside of the school. In fact, that accusation is too retarded even to take into account. Do you really believe that setting up sites dedicated to accusing student A or teacher B of, for example, being gay is some sort of valuable learning experience? Do you really believe that the schoolboard would prosecute the student who created such a site not because of it's content but because the student learned HTML and/or CSS? Obviously not.
As it is easy to see, this move has nothing to do with "controlling the will to learn outside of the school". It's objective is to not let a few rotten students jeopardise the school climate. If a student dedicates his time to denigrate and smear the reputation of his fellow students and/or teachers, why shouldn't he be called upon his actions? Why would the school tolerate such destructive behaviour, pretend that there isn't anything wrong with it and carry on?
You talk about freedom of expression but you sure are forgetting that freedom of expression also involves accountability for your own actions. If a student spends his time trying to humiliate any of his peers or teachers he sure is asking to get himself into trouble. And he should be, too.
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Really? Last time I checked, the schools discredit all such education. If you do not believe me, try to get anywhere in life without official certificates.
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Schools do not determine where you get in life. If you can't get anywhere without official education--and I agree that in many cases that is true--it is because of businesses trying to save a buck or lazy HR departments. It is significantly easier to say "Requires CS degree" or something similar than to sit down any applicant who says they have the experience
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Your post is very thoughtful, and yes, I am pretty much going for the "ZOMG" argument. Just one thing:
"A child"--that is not an absolute category. There is no "coming of age" in regard to the responsibility and learning, despite of what most pedagogues are saying. The "irresponsible childhood" is perpetrated by the compulsory schooling it
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That is a very dumb statement to make. First of all, the reason why you don't "get anywhere" with your self taught bag of tricks is not because of any school discrediting it. There isn't a single school in the world who would spend a second of it's time to try to stop you from applying for a job based on your self taught bag of tricks. The reason why
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I've been in school (both in Russia and in USA) for the past... mmm... 20 years. I can may be think of two or three teachers who would sometimes stir the lesson in the direction that the students wanted. Those are exceptional examples. I can think of a couple who were so modest as to accept criticism during the class. All of these examples are confined to the university. I cannot think of a single grade school teacher who would not have flipped at the first sign of a student expressesing himself freely.
Heh. Oh please... (Score:3, Insightful)
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You know, sorta like "it would be nice to have summer right now." Yeah, it would be nice, but it's not going to change just because I wish it would change.
And in a sense, they _are_ logical, just not to the
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And often, joe-jobs will stick your personal info (phone number, address, email addy) on the attacks. Sure, you or I may be able to tell a forgery easily, but there are enough people who are not as knowledgeable or quick thinking to figure it out.
Tom
Tom
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I am only talking about the mud that is already legal to throw. The law in question would not make anything illegal, but would give principals the power to detain and expel for all kinds of independent expression outside of the classroom which the school deems inappropriate.
Free expression? Gimme a break (Score:2)
Example from here [nzherald.co.nz]:
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" . .
In this case, I believe that the school SHOULD have the authority to take action. This is clear evidence of inappropriate behavior by students on school property. I would expect that the school has rules prohibiting this sort of thing. If they don't then they should strongly consider it!
". . . posting led to two youths, aged
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My point is that there is no such thing as "cyber-bullying". The educators' motives stem from their desire to prohibit free expression, even though they might say that the purpose of the law is to protect the children.
Seriously, what exactly is "cyber-bullying"? Does it involve tying up and taping eyelids to make one read a slanderous comment? As Zorak would put it, Where is the violence? Where is the bloodspray? Can you really call it "bullying" if it has no violent side to it? Beating up is bullying. Ch
cyberbulling is as real as you make it (Score:2)
Also, it is the teacher and principals job to PROTECT the child
A good start, but (Score:3, Insightful)
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On the bright side, they're removing the zero-tolerance rules, so there's a chance of a fair hearing when these bullying charges are brought. Expulsions should be kept to the minimum needed for order, since they are directly linked with not getting a proper education.
Make bullying of gays especially punisable (Score:2, Insightful)
Many bullying victimes are gays, lesbian, bisexual, or transgender. Oftentimes schools do nothing to help the victim or punish the bully; much of this inaction is due to homophobia on the part of the school authorities.
What's good about these kind of laws is that they force school administrators to ditch their own homophobia and go after the bullies and perhaps support the victims.
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Correction... (Score:2)
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Though I will admit I was in special classes in school. The NC School of Science and Math, then NCSU, then UNC School of Medicine, then residency and chief residency in Emergency Medicine at SUNY-Brooklyn.
So that's Doctor Faggot to you, asshole.
Hint: Bullies use the rules as tools... (Score:5, Insightful)
From the grade and high schools I've gone to, bullies are usually good at what they do, because punishments can't affect them for one reason or another. Besides, it's not that hard to figure out how to shield yourself from punishment, even while doing some of the most prohibited things in a school. You can shield yourself using threats, you can shield yourself by counter-accusing others, you can shield yourself using politics and parents, and most of all, you can obscure any evidence that would justify a weighty punishment.
Harsh rules usually end up working rather well for bullies. Bullies can threaten other children with false accusations just as well as they always have with a plausible "he started it" claim in the case of a fight. And if this ends up anything like fights were handled at schools I've went to, that means the victims stay quiet, because they know they get punished at a much higher rate than any rule-savvy bully.
This seems functionally more of a rule to punish technically-oriented non-bully kids who happen to anger faculty. I don't know of any kid who didn't constantly insult other kids, especially their friends, so technical kids are virtually guaranteed as targets here because of the visibility of online interactions for bullies or angry teachers to report. From living right on the Canadian border for my last high school years, I don't think Canada is any different.
Ryan Fenton
Bastards (Score:2, Interesting)
Wha??? (Score:2)
Another example of school administrator Small Man Syndrome.
bracing style holy war (Score:3, Insightful)
This is sickeningly politically correct and does NOTHING to stop this problem. Just like other "methods", the bully will be smart enough to move his/her efforts to another "solution space" that it's unlikely they'll get caught in. It's this sort of reactionary thinking that let this stuff get out of hand in the first place. Seriously, is suspending or expelling the student going to make them stop posting on MySpace? If anything, they'll have more time to do that!
Basically, no law will stop bullying. No law will "pull in the reigns" of the bully. The solution is the same simple one that it always has been; the parents must actually parent there child. This alone will put this back to a healthy level if society actually does it.
Furthermore, the schools have absolutely no right to start parenting children; which this basically amounts to. The schools rights begin and end during school hours. The schools rights also only apply to what happens on school property. Everything outside that is the jurisdiction of the parents, police and society in general.
I'm sorry, but unlike others, I acknowledge the reality that bullying (_not_ the ridiculous hazing bullying that
It must be noted that this will benefit both the victim AND the bully. The victim gets the ability to cope with adversity whereas the bully (hopefully) learns that violence and/or intimidation is not the answer (that is, if the victim was able to cope). Most likely this is a form of learning to deal with his/her own stress in a productive way rather than taking things out on someone else.
Also, the fact of the matter is that bullying of this type was extremely rare until very very recently. Recently though, that ratio has started to flip; hyper bullying is getting far more common. So, to see what the problem is, we must look at what has changed in society recently. IMO the list would look something like:
- parent treating the child as a burden. something that you have and then just have to "deal with"
- kids being brainwashed to thinking that they're the best at everything when they're obviously not.
"All I know is that no-one is better than anyone else and everyone is the best at everything."
- Assistant Grounds Keeper Skinner, Simpsons
- getting away with treating there parents like crap (similar to the hyper bullying)
- repercussion if the get caught are constant slaps on the wrist or disproportionally rough (i.e. basically no repercussions or so brutal it doesn't matter what you do, you'll get the same harsh punishment, so you might as well go all out).
- teacher becoming apathetic and letting the student talk back, show massive disrespect in class, etc without repercussions.
- teachers not challenging the students academically because god forbid the student will fail and effect there massive ego and get yelled at by the parent(s).
- administration being disciplinarily impotent.
- students having problems with realizing what is reality
One could continue, but I think that the point has been made.
But, I find it stunning that if we dialed back the clock one or two decades with regards to discipline and parenting, it would actually be some major leaps forward.
stupidity (Score:2, Insightful)
One - school has no business regulating how students behave outside. They're students, not slaves.
Two - most bullies have a second favourite game: Gaming the system. The more rules you create, the more interesting (and rewarding) you make it.
Actually schools are one of the most powerful (Score:2)
There are laws that require teachers to intervene if they feel students are being threatened. Such as suspecting child abuse, or severe depression...ect.
Yet another difference in attitudes between Canada and the US perhaps.
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Within reason. If students are taking actions outside the school to try to bully students or staff, there's a need to act anyway (though it might be that the right approach for things done outside the school that are bullying involves the police sooner; if students insist on acting like stupid adults, they run the risk of being punished like stupid adults too). On the other hand, many schools may well go to far
Why do "bullies" exist in the first place ? (Score:2)
Personally, I am a product of a communist regime education system that kept going almost unchanged for almost a decade after "the fall of communism" (winter 1989) in Romania, and to be honest, I *NEVER* actually met a real-life school bully, and none of my (rough) age group have either. Only recently (about 1995 and later) this whole "bully" issue actually started surfacing.
I can't quite put a finger on
In Soviet Russia... (Score:2)
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Well, not quite as strong, but the underlying principle is the same: give the kids a "common enemy", one they hate, fear and also respect at the same time, one they are powerless against, so that they might come together in (passive) resistance against.
Interesting. Why now? (Score:4, Interesting)
Why all of a sudden a reaction? Because it's no longer brawns but technology that does the "beating"? Because it no longer matters whether you have the necessary physical attributes but only whether you have the necessary equipment? What changed? That it's a teacher now who gets his virtual nuts kicked?
Personally I'm all for limiting a bully's 'freedom'. Though maybe we should first of all find out what makes a person a bully. I kinda doubt that anyone gets up in the morning and suddenly gets the bright idea to make someone else's life miserable.
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From what I remember in school, they've always had "zero tolerance" for violence and bullying. While I disagree with this proposed policy (due to free speech concerns as well as the fact that I think it's none of their business what students do outside
WoW ban anyone? (Score:2)
I wonder... (Score:2)
Kids aren't stupid, and they're not technical morons either. They know how to set up yet another throw away HotMail address an
And monitoring will be paid by...? (Score:2)
Who will pay for the "monitoring?" Will it now be a new assignment of teachers to go onto MySpace pages to attempt to find bullying?
And what would stop a rule-savvy bully from producing "counter evidence" to show that they were bullied first? Or that the principal (i.e., a brand new MySpace account registered through a gmail address in the principal's name) was not responsiblefor the bullying?
This is definitely a "feel good" law that will be loosely enforc
Jurisdiction (Score:2)
In the adult world, we have courts to arbitrate situations of libel and slander. Children aren't really held to the same standards as adults unless the circumstances are exceptional, and realistically, they shouldn't be. The courts are an inappropriate system to control this behaviour.
On the other hand, schools are institutions designed (ostensibly at least) for education. They are n
Why is this necessary?? (Score:2)
It really seems like everyone wants to shel
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Is that really the best way? I think not. I would love to have had a reasonable and open way to have the bully punished.
the real world? I have been in the real world for 25 years, and I ahve yet someone to bully me with violence.
Yes, sometime the 'think of the children' is waved around too nuch, but not in this case.
Children do need protection. Yes they should be allowed to make mistakes, but getting the crap beat out of you in school isn't a mistake, it
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None of those things you cite are constitutional rights. You may think voting is a constitutional right, but the right to vote is phrased in the negative: you cannot deny the right to vote on the basis of race, sex, ability to pay a poll tax, or age *over 18*.
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I mean... imagine that some guy at work is always starting fights with his colleagues, and that the boss ultimately decides to fire him. Can he say "you can't fire me, I've got first amendment rights" now? Of course not. Certainly he's free to pick on his colleagues (as long as he doesn't incite criminal action, slanders th
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Care to cite a real world example? (Score:2)
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All of my personal experiences are negative examples; I am not very confrontational in person.
I've seen some teachers who were incompetent, teachers who were wrong (in my opinion, at least), and teachers who were jerks. I almost never was in a position, though, to criticize their methods, because of the authority granted to them by the school. It would take me (and the rest of the class) nowhere. And yet making personal decisions and choosing your own path, especially with respect to learning, are qualiti
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