CJ 520-Robin Ortiz- Final Paper-Policy Recommendation Report

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Robin Ortiz Southern New Hampshire University CJ 520 Criminology and Public Policy David Williams November 19, 2023

Department Policy and Issue The public policy issue that I have selected for my department to address is cyberbullying and the corresponding departmental policy is Rule 406-Mobile Device Policy: 3) Smartphone/Mobile Device Conduct (Boston Police Department, n.d.) According to StopBullying.gov (n.d. -a) cyberbullying is any bullying that occurs over any electronic device, which includes cell phones, computers /tablets and can happen through text messages, chat rooms and the various social media platforms. Technology has given bullying a whole new name, what was once a thing that only happened at school, now follows kids home. This is because kids have electronic devices that allow them to stay connected to the outside world 24/7 and kids' homes are no longer a safe place to avoid being bullied. Kids now use the various social media platforms to create a worldwide stage to bully others. Under Boston's Department policy Department issued devices cannot be used to discriminate in any way, make comments that are disparaging, threatening or harass others as well as send and receive sexually explicit materials, aggressive materials to include violence and abuse (Boston Police Department, n.d.) The correlation between the public policy and the departmental policy is, the departmental policy can be seen as a way to stop departmental cyberbullying because according to Wayback Machine (n.d.) sending harassing or threatening messages to others and or sending personal and or embarrassing information or pictures of others with the intent of causing some form of harm is considered cyberbullying. The public policies and any decision, action, laws and or positions of both the state and federal government on cyberbullying that I seek to address with my department policy. According to Mass. Gen. Laws ch 71, 370 Massachusetts’ education code specifically addresses while prohibiting acts of cyberbullying not only directed at students but school staff as well

( Steiner & Pirius, 2021). This code also states that cyberbullying can result in disciplinary action by the school and if the school deems that the cyberbullying may warrant criminal charges they can involve local law enforcement ( Steiner & Pirius, 2021). Massachusetts also has a criminal statute that prohibits cyberbullying and online harassment which can be in the form of email, text/instant messaging via phone and or internet as well as websites and various social media platforms ( Steiner & Pirius, 2021). While there are currently no federal laws prohibiting or addressing bullying to include cyberbullying, Federal laws only prohibit this kind of behavior only if it overlaps with discriminatory harassment then the school has an obligation to address it under federal law (Stopbullying.gov, n.d. -b). Historical Analysis Prior to the mid 2000s there have been no specific cyberbullying laws due to technology and the internet being new, laws haven’t caught up with these advances in technology, While legislators were very aware of the increasing number if high-profile publicized incidents of suicide and school violence due to cyberbullying (Find Law, 2023). Since 2010 states the various have left it up to school districts and their school officials to address cyberbullying, the type of discipline school administrators can use on students who engage in cyberbullying while on and off school campuses (Find Law, 2023) Unless there has been an actual threat of harm and or violence, school districts can not treat cyberbullying as a criminal manner, only as a civil matter. (Find Law, 2023) To date, while there are no federal laws that specifically address cyberbullying, the only federal law that addresses cyberbullying is when the cyber bullying overlaps with federal discriminatory harassment laws ( Stopbullying.gov, n.d. -a). While bullying used to be a thing of the playground, it has evolved over the past 20 years. This is due to the

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increase in technological advances, not only in electronic devices but also in the internet and social media platforms. Children no longer can leave school to go home to the safety of their house, they are now bombarded 24/7 with the internet and the various social media platforms which are used to bully others. The court cases that have shaped the evolution of public policies related to my chosen public policy issue in not only the way states are addressing the issue but how the U.S. Board of Education is regulating cyberbullying on and off school campuses. In the first U.S. Supreme Court case: Tinker v. Des Moines Independent Community School District (1969) where it was ruled the suspension of three students not only violated their First Amendment rights of free speech for protesting the Vietnam War while wearing black armbands but, the behavior of wearing the armbands were passive and non-threatening (Hinduja & Patchin, 2008). In the second case: Kowalski v. Berkeley County Schools (2011), Kowalski created an online MySpace profile to make fun of a student which caused Kowalski to be suspended for violating the school’s harassment, bullying, and intimidation policy (Justia Law, n.d.). Kowalski later sued the school district because she stated the school violated her free speech and due process rights under the First and Fourteenth Amendments (Justia Law, n.d.). This is because the incident didn’t occur on campus nor during a school related activity, but the court upheld the suspension due to Kowalski using the internet while off-campus to target and attack a classmate which was connected to the school and its environment by disrupting it, because the victim had to miss school to get away from the bullying (Justia Law, n.d.) These historical events have impacted the public's perception not only because states have adopted laws which address cyberbullying and including school sanctions to address on and off campus cyberbullying behavior. Three states have actual laws on their books that specifically

address cyberbullying, these states include 1) California, this state has the “Safe Place to Learn Act”. It states if a student uses a electronic device to cause someone to fear for their life, the student can be charged with a misdemeanor, which can be punishable to one year in jail and or up to a $1,000 fine, 2) Florida has the “Jeffrey Johnston Standup For all Students Act” which prohibits bullying of any K-12 student or staff member, school districts have used this act to punish those students who were reported for engaging in sexual harassment, and 3) Missouri can charge those engaging in cyberbullying in criminal court but only for violent threats (Find Law, 2013). There have been several national high profile cases of cyberbullying, two of these high profile cases are 1) Amanda Todd, a British Colunmiba teenager who committed suicide in 2012 after she posted to YouTube a video entitled “My story: Struggling, bullying, suicide, self-harm and had been viewed more than 17 million times ans 2) Megan Meir who committed suicide and her story was made into a movie called “Cyberbully”, also Megan’s story with the help of her mother working with Missouri legislature pass Senate Bill 818, unofficially known as “Megan’s Law” in August 2008 (Internet Safety Statistics, 2023) The future direction of not only state and or federal policies will be the Federal Government will step in and implement some sort of law to address cyberbullying due to the nature of increased technology as well as the internet and social media platforms that children have 24/7 access to. Also, with more and more studies and research being published not only on the effects mentally but emotionally to children in K-12 ( Kwan, I. et. al., 2020). According to The White House (2022) President Biden will sign a Presidential Memorandum establishing the White House Task Force to Address Online Harassment and Abuse, responding to the need for government leadership to address online harms which will include cyberbullying.

Criminological Theory The criminological theory that best explains the development of the public policies related to cyberbullying is the Social Disorganization Theory. This theory according to SNHU (n.d.) attributes the motivations behind criminal acts to the surrounding environment conditions and that those in lower income communities produce higher rates of crime because delinquency is generally accepted in these lower income communities (SNHU, n.d.) With cyberbullying being an environmental condition, Social Disorganization Theory can be used. What was a school yard problem, traditional bullying has evolved over time with technology, from electronic devices to the internet as well as the various social media platforms that are out there for children to use. According to SNHU (n.d.) this theory can assist a criminal justice organization in not only helping to explain the cause of cyberbullying with the help of Evidence Based Practices and research but also using them to help find a solution while working with their local school districts to lower these rates of cyberbullying. There can be a link between the Social Disorganization Theory and the Boston Departmental policy “406-Mobile Device Policy” because under this policy is states that any officer that is issued a mobile device cannot use these devices to discriminate in any way as well as making comments that are disparaging, threatening or to harass others, send and receive sexually explicit materials and send aggressive materials to include violence and abuse (Boston Police Department, n.d.) Many law enforcement officers will face some sort of bullying among their colleagues, whether it's typical school yard bullying or cyberbullying. With Social Disorganization Theory, the motivation behind criminal acts it's attributed to the surrounding environmental conditions (SNHU, n.d.). With law enforcement officers, these officers face stress everyday on the job as well as competing among their peers/officers nd not falling in line with

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the blue wall of silence which can contribute to aggression and harassment as well as bullying among their peers/ fellow officers (AGoodTherapy.org, 2012). With the Social Disorganization Theory and how this theory attributes the motivations behind criminal acts to the surrounding environmental conditions and bullying is generally accepted at school. State policies address cyberbullying but leave it up to the school districts to come up with a formal policy to not only help with identification of the behavior but to discuss the possible formal and/or informal disciplinary responses and or actions that can follow on and off campus (Cyberbullying Research Center, n.d.) . This theory can help not only state policy makers as well as school districts better explain the cause of cyberbullying but also to find a way to lower the rates of cyberbullying on and off campus. Needs The criminal justice system that is at the center of the departmental policy is law enforcement. The need for the public is for law enforcement officials to enforce departmental policies. Just like public policy, state laws dictate who and how state laws are enforced. State laws give the power to the school districts to develop policies, how these policies will be enforced and the type of disciplinary actions of students when they violate school code of conduct for anti-bullying which includes cyberbullying on and off campus. Parents not only expect their children to be safe and protected while at school but expect teachers and school officials to not only protect the children but enforce the school policies which make sure the students are protected and safe at school. Departmental policies are similar to the policies set forth by the schools from the state. These departmental policies are put in place to not only protect those law enforcement officers but also the public while law enforcement officers are on and off duty. Law enforcement officials have the same expectation that children have when

going to school, to go to work and feel safe and protected within their organization and among their colleagues. The extent of the departmental policy addresses these needs are limited. This is because the departmental policy outlines rules and procedures but the departmental policy does not outline the consequences or reference where they can find the consequences for violating departmental policy 406-Mobile Device Policy. Policy Recommendations The specific aspects of the departmental policy 406-Mobile Device for department issued smartphone/mobile devices that I am targeting is in Second 1 under the purpose and scope and in Section 3- Smartphone/Mobile Device Conduct under subsections a through c, additional examples of conduct that could be but not limited to violating the standards of professional behavior and conduct (Boston Police Department, n.d.). The specific recommendations that I have to improve the existing departmental policy is by adding personal smartphone/mobile devices while on and off duty but also department issued devices while off duty. By adding to the mobile device policy, this will allow for all employees, contractors and those who have been issued and or not issued a department smartphone/mobile device to abide by all standards of professional behavior and conduct (Boston Police Department, n.d.). These recommendations will improve the delivery of the criminal justice services by holding all employees and contractors accountable for violating the standards of professional behavior and conduct while using department issued and personal smartphones/mobile devices when engaging in cyberbullying of the public and or their colleagues and those within their organization.

The criminological theory of Social Disorganization Theory supports these recommendations because this theory will assist the organization along with evidence based practices and research as to why people engage in not only bullying behavior but cyberbullying among kids in school and those in law enforcement organizations. The recommendations support the public's needs by showing the public that the department is holding their employees and contractors to the same standards on and off the job. The theory justifies the appropriateness of the recommendations for departmental policy by finding a solution to lower the rates of cyberbullying within the organization (Southern New Hampshire University, n.d.). The potential impacts of the department policy recommendations on the public and law enforcement is that the recommendations will be similar to that of school policies and their code of conduct while on and off campus. The public, especially children will feel more protected and safe while on and off campus from cyberbullying when it is reported. I can capitalize on the positive reactions in the implementation of the departmental policy by creating an environment where employees and contractors are free from being discriminated against, communication that threatens/harasses and violent/abusive behavior via any smartphone/mobile device while on and off duty. There may be a possible conflict because employees and contractors may feel they have a sense of privacy when it comes to their own personal smartphone/mobile device especially while on an off duty. But, reassuring those employees and contractors that they have privacy when it comes to their personal devices on and off duty, any behavior, especially cyberbullying will not be tolerated and only when there are allegations of departmental policy 406-Mobile Device is being violated, their personal devices can be searched with the permission of the officer and or contractor or with a search warrant/subpoena.

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Reference Page AGoodTherapy.org (2012, Dec 15) What Compels Police Officers to Harass and Bully Each Other? https://www.goodtherapy.org/blog/police-officers-harassment-bullying-1205121 Boston Police Department (n.d.) Rules and Procedures https://police.boston.gov/index.php/rules-procedures/ Cyberbullying Research Center (n.d.) Bullying Laws Across America https://cyberbullying.org/bullying-laws Find Law (2023, September 18) Cyberbullying Laws https://www.findlaw.com/criminal/criminal-charges/cyber-bullying.html Hinduja, S. & Patchin, J.W. (2008, July) Cyberbullying Legislation and Case Law Implications for School Policy and Practice https://cyberbullying.org/cyberbullying-legal-issues.pdf Internet Safety Statistics (2023, August 24) The Top 6 Unforgettable Cyberbullying Cases Ever https://www.internetsafetystatistics.com/the-top-six-unforgettable-cyberbullying- cases-ever/

Justia Law (n.d.) Kowalski v. Berkeley County Schools, et al., No. 10-1098 (4th Cir. 2011) https://law.justia.com/cases/federal/appellate-courts/ca4/10-1098/101098.p- 2011-07-27.htm Kwan, I., Dickson, K., Richardson, M., MacDowall, W., Burchett, H., Stansfield, C., Brunton, G., Sutcliffe, K., & Thomas, J. (2020). Cyberbullying and Children and Young People's Mental Health: A Systematic Map of Systematic Reviews. Cyberpsychology, behavior and social networking , 23 (2), 72–82. https://doi.org/10.1089/cyber.2019.0370 Public Policy Issues (n.d.) Cyberbullying: Issues and groups https://web.archive.org/web/20151031151929/http:/diglib.library.vanderbilt.edu/ginfo- pubpol.pl?searchtext=Cyberbullying&Type=LTR&Resource=DB&Website=FDTF SNHU (n.d.) CJ 520 Criminological Theories Defined https://learn.snhu.edu/content/enforced/1394309-CJ-520-Q1063-OL-TRAD- GR.23TW1/Course%20Documents/CJ%20520%20Criminological%20Theories% 20Defined.pdf?isCourseFile=true&_&d2lSessionVal=qdJEWuCTVjFyJYA4vU3Ml1 p0m&ou=1394309 Steiner M. & Pirius, R. (2021, December 10) Cyberbullying and Online Harassment in Massachusetts

https://www.criminaldefenselawyer.com/resources/cyberbullying-massachusetts.htm#: ~:text=Massachusetts%27%20education%20code%20specifically%20addresses%20and %20prohibits%20acts,%28Mass.%20Gen.%20Laws%20ch.%2071%2C%20%C2%A7% 2037O%20%282021%29.%29 StopBullying.gov (n.d. -a) What is Cyberbullying https://www.stopbullying.gov/cyberbullying/what-is-it StopBullying.gov (n.d. -b) Federal Laws https://www.stopbullying.gov/resources/laws/federal The White House, (2022, June 16) FACT SHEET: Presidential Memorandum Establishing the White House Task Force to Address Online Harassment and Abuse https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/16/fact-sheet- Presidential-memorandum-establishing-the-white-house-task-force-to-address-online- harassment-and-abuse/ Wayback Machine (n.d.) Cyberbullying https://web.archive.org/web/20151019184727/http://www.mass.gov/ago/about-the- attorney-generals-office/community-programs/bullying-and-cyberbullying/ cyberbullying.html

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CJ 520-Robin Ortiz- Final Paper-Policy Recommendation Report

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