CFC OKLAHOMA

I thought the following might be of interest to the members of this list. I
was asked by the American Association of School Administrators (district
superintendent s) to write an article for them on sexting. I am recommending
"collaboration" with juvenile justice folks. So I sort of figured it might
be nice to let you all know what I recommended to them. ;-) I have not
gotten this on my site yet - and will when I know when/how they will publish
this. Feel free to forward this message to others.
 

Addressing the Sexting Challenge

Nancy Willard, M.S., J.D.
Center for Safe and Responsible Internet Use

The phenomenon of "sexting² ­ creating and disseminating sexualized images
using cell phones or other devices ­ is presenting new challenges for school
administrators . When these images ³go public² they are frequently being
disseminated among students and become an issue within the school
environment. In some cases, student who has made the mistake of sending an
image privately which is now being distributed publicly, may be so
humiliated that he or she refuses to come to school.

The majority of these situations appear to involve teen ³romance," a new
twist on "flirting² ­ exchanges meant to remain private between teens who
are intimately involved. But more serious situations also lurk.  Ex-friends,
"popular kids," or abusive partners sometimes obtain or demand such images
and then use them for bullying, control, or exploitation. Some teens appear
to be desperately seeking sexual attention, in some cases engaging in
behavior that could be characterized as prostitution. Some situations may
involve juvenile sexual offenders seeking such images. In these cases,
sexting may be considered a major ³red flag² that something else is going on
that really needs to be investigated and addressed.

Laws against the creation and possession of child pornography were enacted
to prevent the sexual exploitation of minors by adults. While some sexting
may violate the letter of these laws, most sexting is not the kind of
harmful behavior these laws were designed to prevent. And much of this
material, while sexually provocative, would actually not meet the statutory
standards. There is clearly a need to revise the criminal statutes ­ but
that will take time and is fraught with difficulty. An additional legal
concern is the sexting activity of students who are over the age of 18, who
in the eyes of the law are considered ³adults²  but who are engaging in
behavior that is relatively common within their social environment.

Teens are being warned that if they create these images, they could face
prosecution. The intent of this warning is to seek to prevent them from
creating such images. But there is a profoundly negative unintended
consequence: If they have impulsively created and sent such an image and now
someone is using it in an exploitative manner against them, they are
unlikely to report if they fear prosecution. This could place them at risk
of egregious harassment or sexual exploitation and extreme emotional
distress. This could even potentially lead to suicide or violence.

Because of the criminal concerns, including the possession of these images
by school staff, it is essential that educators and law enforcement address
these issues collaborativel y, preferably at the state level. State education
leadership organizations and safe schools professionals should meet with
their respective state Attorneys General offices and mental health
departments and jointly develop approved processes for all school officials
in the state to follow. The resulting agreements should be disseminated to
school and law enforcement officials throughout the state. Issues to address
include:

   …    How schools, working with local juvenile justice and mental health
authorities, can ensure the effective review and appropriate handling of
these situations. Procedures must ensure identification of those few
situations involving exploitation or prostitution which should lead to
juvenile jurisdiction. But most of these situations should be handled
educationally.

   …    Recommendation s for amendments to state statutes ensuring that
sexting situations involving minors and young adults are handled in a manner
that will support their well-being while providing for appropriate juvenile
jurisdiction over minors who are engaged in egregious behavior.

   …    Recommended remediation efforts. If an image has been released
publicly, the initial damage has been done. The focus must be on preventing
exploitation by others and helping the teen depicted gain the emotional
resilience to move on.

>From a disciplinary perspective, school officials can respond to off-campus
student speech or activity if it has led or is likely to lead to substantial
disruption on campus or to interference with the rights of students to be
secure. Situations that involve exploitative uses of such images may meet
this standard. School officials cannot impose discipline for off-campus
activities in order to impart values to students, but they certainly can
raise such concerns to the attention of parents.

Effective education of students and their parents is critically important.
This instruction is not about technology; it's about risky adolescent
behavior. Key issues to address include:

   …    Posting/sending digital content. The critical insight all young
people must have is that anything they put into electronic form and send to
even just one person can easily become widely disseminated, potentially
permanent, and can damage their reputation, friendships, and opportunities.
This concern, not threat of prosecution, is what must be emphasized.

   …    Safe online socializing. Young people are using these technologies
as they develop and maintain personal relationships offline and must
understand the associated risks.

The best instructional approach to addressing these issues is grounded in
social norms risk prevention. Establish situations where students can model
for each other or for younger students how they apply effective personal
standards in using social technologies constructively . The majority of teens
are making good choices when using these technologies and can be very
effective in setting an example for their less savvy peers.


Nancy Willard, M.S., J.D. is the director of the Center for Safe and
Responsible Internet Use. She has degrees in special education and law. She
taught ³at risk² children, practiced computer law, and was an educational
technology consultant before focusing her professional attention on issues
of youth risk online and effective management of student Internet use. Nancy
is author of two books. Cyberbullying and Cyberthreats: Responding to the
Challenge of Online Social Cruelty, Threats, and Distress (Research Press)
and Cyber-Safe Kids, Cyber-Savvy Teens, Helping Young People Use the
Internet Safety and Responsibly (Jossey Bass). Nancy¹s focus is on applying
research insight into youth risk and effective research-based risk
prevention approaches to these new concerns of youth risk online.
© 2009 May be reproduced and disseminated for non-profit purposes.


Nancy

--
Nancy Willard, M.S., J.D.
Center for Safe and Responsible Internet Use
http://csriu.org
http://cyberbully.org
http://cyber-safe-kids.com
http://csriu.wordpress.com
This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Cyberbullying and Cyberthreats: Responding to the Challenge of Online Social
Aggression, Threats, and Distress (Research Press)

Cyber-Safe Kids, Cyber-Savvy Teens: Helping Young People Learn to Use the
Internet Safely and Responsibly (Jossey-Bass)

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