Cyberbullies on Campus

Darby Dickerson*

I. Introduction

A new challenge facing educators is how to deal with the high-tech incivility that has crept onto our campuses.  Technology has changed the way students approach learning, and has spawned new forms of rudeness.  Students play computer games, check e-mail, watch DVDs, and participate in chat rooms during class.  They answer ringing cell phones and dare to carry on conversations mid-lesson. 

Dealing with these types of incivilities is difficult enough, but another, more sinister e-culprit — the cyberbully — has also arrived on law-school campuses.  Cyberbullies exploit technology to control and intimidate others on campus.¹  They use web sites, blogs, and IMs² to malign professors and classmates.³  They craft e-mails that are offensive, boorish, and cruel.  They blast professors and administrators for grades given and policies passed; and, more often than not, they mix in hateful attacks on our character, motivations, physical attributes, and intellectual abilities.⁴  They disrupt classes, cause tension on campus, and interfere with our educational mission.  We have cyberbullies in our midst, and we must deal with them. 

My goals in this article are to introduce the law-school community to the problem of cyberbullies, and to alert deans, administrators, and professors to the risks associated with this form of bullying — so that the problem can be acknowledged and addressed, and so that we may all learn and work in as safe an environment as possible.  Part II will describe common characteristics of bullies and cyberbullies, how bullying affects victims, and how bystanders fit into the equation.  Part III will address bullies and cyberbullies on college and law-school campuses.  Part IV will present solutions law schools can adopt to reclaim our campuses and classrooms from high-tech tormentors. 

II. The Problem

A. Bullies

Bullying is a type of aggression that involves a persistent, unwelcome pattern of intimidation and harassment by one person designed to humiliate, frighten, or isolate another.⁵  The definition most commonly used by researchers provides that "[a] person is . . . bullied or victimized when he or she is exposed, repeatedly and over time, to negative actions on the part of one or more persons." ⁶  "Negative actions" occur "when someone intentionally inflicts, or attempts to inflict, injury or discomfort upon another."⁷  Negative actions can be physical (such as pushing, punching,⁸ and stealing), verbal (such as spreading rumors, teasing,⁹ or taunting), or emotional (such as humiliating, shunning, and excluding).¹¹  In most cases, the bully acts without being provoked or threatened by the victim.¹²  Bullying can be direct or indirect: "direct bullying involves open attacks on a victim, while indirect bullying is often covert . . . and frequently takes the form of social isolation and exclusion from a group."¹²  All bullying is characterized by an imbalance of power — either physical or psychological¹³ — between the bully and the bullied.¹⁴       Researchers have divided bullies into four groups: (1) physical bullies, (2) verbal bullies, (3) relational bullies, and (4) reactive bullies.¹⁵  Physical bullies are most often male and typically use direct actions, such as hitting and kicking.¹⁶  Verbal bullies use words to attack their victims.¹⁷  Relational bullies usually are females who exercise power to exclude others from the group.¹⁸  Reactive bullies tend to act impulsively; they taunt others into fighting, fight back, and then claim self-defense.¹⁹

All bullies want to control and intimidate their victims.²⁰  Bullies are aggressive toward peers.²¹  They tend to be impulsive and have a low tolerance for frustration.²²  Younger bullies are often unwilling to accept others' ideas, to be effective followers, or to negotiate.²³  Most bullies attempt to take advantage of the victim's perceived weakness — whether it be gender, race, religion, sexual orientation, perceived strength, physical appearance or dexterity, intellectual ability, or something else.²⁴ 

Many bullies have been subjected to physical or emotional abuse;²⁵ in fact, some are the victims of other bullies.²⁶  Evidence exists that bullying can be an inter-generational problem within families.²⁷  In a study that followed bullies as they grew up, researchers found that children who were bullies at age 14 were likely, at age 32, to have children who were bullies.²⁸ Bullies exhibit high levels of anger and have a more positive view of violence than students in general.²⁹  In addition, many bullies — especially those victimized by others  — experience elevated levels of depression.³⁰  Studies also reflect that bullies frequently suffer from mental-health difficulties such as attention-deficit disorder and oppositional-conduct disorder.³¹  Moreover, children who bully others are at risk for engaging in other types of problematic behavior as adults.   For example, "[a]pproximately 60 percent of boys who were characterized as bullies in grades 6-9 had at least one conviction by the age of 24."³²  Research also demonstrates that excessive drinking and substance abuse are common among bullies.³³ 

Some bullies crave attention.³⁴  Others are simply too self-absorbed to recognize the actual impact they have on their victims.³⁵  Common misconceptions about bullies include that they emerge primarily in large classes, act based on competition for grades, and have low self-esteem.³⁶  To the contrary, the percentage of students bullied in small classes is slightly higher than those bullied in large classes.³⁷  Studies also show that low grades or lack of success in school do not cause bullies to act out,³⁸ and that most bullies have normal to high levels of self-esteem and often are popular among classmates.³⁹ 

Educators should also know that consumerism plays a role in enabling bullies.  Consumerism causes some bullies to view education as a product to be sold or a ticket that must be punched to move to the next box in the game.  Thus, they view the academic community with contempt and do not hesitate to disrupt the learning process.⁴⁰ 

B.        Cyberbullies

With the advent of the Internet, e-mail, and other forms of e-technology, bullying has morphed into cyberbullying.⁴¹  

Cyberbullying involves the use of information and communication technologies such as e-mail, cell phone and pager text messages, instant messaging, defamatory personal Web sites, and defamatory online personal polling Web sites, to support deliberate, repeated, and hostile behaviour by an individual or group, that is intended to harm others.⁴²

While technology has helped advance learning and teaching, it can be used for nefarious purposes.  Technology allows tormentors to act under a veil of anonymity, which only increases the maliciousness.⁴³  Technology affords bullies 24/7 access to potential victims, and opens the opportunity for persistent, unending harassment from which victims are hard-pressed to escape.⁴⁴  Technology lets bullies act instantaneously on their impulses; it has erased the reflection time between planning and commission.⁴⁵  Technology allows the instigator's venom to be spread to an international audience,⁴⁶ causing the victim tremendous embarrassment and shame.  Technology provides a forum within which electronic mobs can form quickly and almost effortlessly, which draws more people into the offensive activity.  In sum, technology allows bullies to be meaner, more frequently, with more allies, before an inestimable audience.  It gives them a greater sense of invincibility and inhibits their fear of being caught and punished.

As noted above, cyberbullies are emboldened by the anonymity and pseudonymity that e-mail and the Internet can provide.⁴⁷  They hide behind screen names and multiple electronic addresses.  Skillful cyberbullies route messages in a way that cannot easily be traced — and they know that most service providers will not provide identity information to schools.⁴⁸    Unlike traditional bullies, cyberbullies do not rely on physical power differences, but they still seek to control their victims by inflicting verbal, emotional, or psychological abuse.⁴⁹  Interestingly, females are more likely than males to be cyberbullies.⁵⁰  And like the teens in the movie Mean Girls,⁵¹ women cyberbullies tend to target other women.⁵²

Cyberbullies fall into five categories, which are akin to the categories of traditional bullies:⁵³  (1) "power hungry" cyberbullies, (2) "revenge of the nerds" cyberbullies, (3) "mean girls," (4) "vengeful angels," and (5) "inadvertent cyberbullies."⁵⁴  "Power hungry" cyberbullies exert authority to show they are powerful enough to control others.  They want their victims to fear them, and they crave an audience.  They pick on others to evoke a reaction, and they often brag about their antics.⁵⁵ 

"Revenge of the nerds" cyberbullies usually are females or physically smaller males; they are often criticized by classmates for not being popular or cool.  These cyberbullies want to show they can control and intimidate victims by using their superior verbal and intellectual skills. They are technically proficient and thrive on anonymity.  They rarely would be traditional bullies, because they fear direct confrontation.⁵⁶

As the name implies, "mean girls" are typically female cyberbullies.  Mean girls act as a group and often bully for "fun."  Mean girls "want others to know who they are and that they have the power to cyberbully others."⁵⁷  They thrive on cliques and excluding others from their group.  If the victim does not react, mean girls quickly quit for lack of  "entertainment value."⁵⁸

"Vengeful angels" are cyberbullies who adopt the role of protector or retaliator.  They frequently have been bullied by another, or are friends with a victim.  Vengeful angels view their victims as "bad people," and rationalize their conduct as legitimate and necessary.  They typically work alone, but may share information with close friends.⁵⁹

"Inadvertent cyberbullies" do not consider themselves to be bullies.  "They may be pretending to be tough online, or role playing, or they may be reacting to hateful or provocative messages they have received."⁶⁰  They typically are reactive, not proactive, and often respond to others without thinking about how their actions will affect others.⁶¹

Cyberbullies have a range of weapons at their disposal.  They can send nasty e-mails⁶² or cell-phone text messages, and can use camera phones to snap unflattering pictures that can be quickly distributed via web or e-mail.⁶³  They can engage the victim in an IM conversation, trick the person into revealing sensitive information, and then forward that information to others as a "joke."⁶⁴  They can hack into the victim's e-mail account, impersonate the account holder, and send messages that contain embarrassing or insulting information about the victim's friends.⁶⁵

They can set up a web site that posts hateful statements, distortions, and fabrications meant to disgrace another,⁶⁶ or they can participate in chat rooms in which teachers and other students are taunted and belittled.⁶⁷  They can establish virtual polling places and voting booths on sites such as www.freevote.com and hold elections for the ugliest, fattest, or dumbest person in class.⁶⁸  They can use the technique of "boycotting" to intentionally exclude a person from an online group, such as a chat room or IM buddies list.⁶⁹  

Cyberbullies also can use others to do their dirty digital work.  This phenomenon is known as "cyberbullying by proxy" or "third-party cyberbullying."  One example occurs when the bully convinces others to send messages designed to anger the victim; when the victim responds in anger or frustration, the bully forwards that e-mail to a teacher, Internet service provider, or authority, who in turn punishes the victim.⁷⁰ 

Cyberbullies can target a single victim, or can choose to torment an entire class by interfering with the learning process.⁷¹  During class, cyberbullies might send IMs or e-mail messages that distract other students.  They might participate in a chat room and coordinate activities — such as directing participants to make a certain noise at a certain time — that distract the teacher or student speaking.  They might send messages denigrating the professor or a classmate, thus damaging the victim's reputation.  During an online class, they might post remarks that chill other students' participation.⁷²

The examples described above are just some of the current tactics cyberbullies use.  Unfortunately, as technology evolves, cyberbullies undoubtedly will invent new — and even more extreme — ways to control and intimidate their victims. 

C.        Victims

The victims of bullying conduct are not a homogenous group.  One paradigm divides victims into categories based on behavior that attracts bullies to target the individual.  Under this approach, victims are considered to be either "passive" or "provocative."⁷³ 

Research regarding traditional bullying indicates that most victims are passive.⁷⁴  Passive victims tend to be loners and introverts, and they tend to blame themselves for difficulties — all characteristics that make them attractive targets for bullies.⁷⁵  In the K-12 setting, studies show that passive victims are "more anxious and insecure than students in general"; they typically suffer from low self-esteem and act in ways that signal they are not likely to retaliate if attacked.⁷⁶  Passive victims "avoid aggression and confrontation and lack the confidence or skill to elicit support from peers."⁷⁷  A smaller group of victims, known as "provocative victims," has "both anxious and aggressive reaction patterns."⁷⁸  They often are disruptive and behave in ways that irritate those around them.⁷⁹ 

Another study has divided victims into categories based on how they respond to bullying conduct.  Under this approach, victims are considered to be "counteraggressive," "helpless," or "nonchalant."⁸⁰  Counteraggressive victims are willing to confront the bully; they will speak up when bullied, and will ask for help.⁸¹  They also try to win over bystanders and attempt to make others hate the bully.⁸²  Helpless victims try to avoid the conflict.  They are not likely to confront the bully, are apt to cry, and may try to avoid the bully by staying home.⁸³  Nonchalant victims try to stay calm and give the outward impression that they do not take the bullying seriously.⁸⁴

The effects of bullying on victims can be devastating.  Victims of bullying can experience shame,⁸⁵ problems in school,⁸⁶ embarrassment, fear, and various stress-related problems, including panic attacks, insomnia, loss of concentration, clinical depression,⁸⁷ eating disorders,⁸⁸ and other physical ailments.⁸⁹  One study found that many victims suffer from attention-deficit disorder; the condition occurs because victims "may feel the need to constantly monitor their environment, anxiously anticipating the next victimization episode."⁹⁰  Another study concluded that "a cycle of peer rejection, loneliness, drunkenness, self-derogation, depression, alcohol problems and being bullied can occur" in victims.⁹¹   The psychological harm suffered by victims of cyberbullying may be even greater because it is more difficult for them to escape the tormentor, and because they often do not know the cyberbully's identity, which enhances the apprehension.⁹²

Some victims simply suffer in silence because they fear ostracism, retaliation,⁹³ or escalation in the bullying.⁹⁴  Some leave the environment — be it a workplace or school — hoping that the harassment will end when they depart.⁹⁵  Some seek help from friends, teachers, or others.⁹⁶  But others, out of desperation, exact revenge on their tormentors and those they perceive allowed the tormentor to thrive.⁹⁷  Some take their own lives.⁹⁸

Research regarding faculty members who were bullied by students reveals they are reluctant to report the problems because they fear others will view them as incompetent or unable to manage their classes:

This may be especially true for junior faculty who worry about poor teaching evaluations and the ongoing promotion/tenure review process.  Colleagues have revealed that disclosing problematic student conduct may result in questions regarding their teaching ability and suitability for the university/college classroom.  The private nature of teaching can contribute to a silence regarding instruction, faculty-student interaction, and student behavior.  Consequently, what transpires in classrooms is rarely discussed and faculty may feel that it is their duty to resolve issues independently.⁹⁹

Others stay silent because they doubt administrators will support them, and because they fear student reprisal.¹⁰⁰  Of course, the reactions of younger victims are even more severe,¹⁰¹ and studies involving child-victims show that they "rarely seek help from adults or their peers."¹⁰² 

D.        Bystanders

Bystanders are the third group affected by and involved in bullying.  Bystanders can be passive or active.¹⁰³  Passive bystanders typically observe bullying but lack the self-confidence to intervene or assist.¹⁰⁴ Bystanders typically choose not to intervene because they fear getting injured, dread becoming the bully's next target, worry about making the situation worse, or simply do not know what to do.¹⁰⁵

Other bystanders cheer the bully, or actively participate in the bullying.¹⁰⁶ 

[M]any students who persistently witness bullying begin to approve of the behavior and begin to blame the victim for the problem.  Many go further and begin to participate in the bullying. One study of 164 students in a large urban area revealed that peers cooperated in more than 85% of the incidents of bullying identified in the study.¹⁰⁷ 

In a cyberbully situation, anonymity can increase the odds of bystanders supporting bullies and participating in their bad acts.  Studies of crowd behavior show that members who perceive they are anonymous are more likely to shed their inhibitions and act in antisocial ways; they also are subject to increased suggestibility from the leaders.¹⁰⁸ 

A third group of bystanders actively intervenes to help the victim.¹⁰⁹  Little research exists about bystanders in this category or what motivates them to help.  The answer likely is that they know and like the victim.¹¹⁰ 

Because most students are bystanders, they can be a powerful force in either encouraging or stopping the bully.¹¹¹  For this reason, schools should consider them for a significant role when searching for solutions to the problems of bullying and cyberbullying.

III.        Bullies and Cyberbullies in Higher Education

Although bullying is most common at the K-12 level, it does not end there.¹¹²  For example, one recent study of bullies on college campuses found that more than

60% of the students reported having observed a student being bullied by another student . . . .  More than 6% of the students reported having been bullied by another student occasionally or very frequently, and . . . over 5% of the students stated that they bullied students occasionally or very frequently.¹¹³  

Similarly, a study conducted at a college¹¹¹ in the United Kingdom found that 9.6% of the students were bullied.¹¹⁵  This study also concluded that the following factors can enable bullies in the university setting: larger classes, professors without teacher training qualifications, and more unstructured time for students.¹¹⁶

Law schools are not immune from bullies and cyberbullies.  In the past few years, I have noticed a handful of students who, when they communicate with professors and administrators, exhibit bullying tendencies.  They send numerous messages, and the messages are little more than personal attacks.  For these persistent offenders, we first try counseling; if counseling fails, we proceed with discipline under the law school's Code of Student Professionalism and Conduct.¹¹⁷

One serious incident occurred right before finals in Spring 2004 when a student "spoofed" an e-mail account to make it appear that I, the Dean, sent the message.¹¹⁸  The message went to about two dozen students and stated they would be prosecuted under the honor code for participating in an underground newsletter that had been circulating around campus for several months.  The students who received the messages were distraught and distracted from their studies, and it took me many hours to assure them that they were not in trouble.¹¹⁹ 

Another example occurred during Fall 2004.  Around Thanksgiving, I was given transcripts from a chat room in which about twenty first-semester students had been participating during classes.  The transcripts were shocking.  The participants bragged about alcohol and drug use, played games that focused on a certain male body part, threatened violence against females, ridiculed classmates based on religion and skin color, and speculated about the sexual orientation of one professor.  The students also coordinated to disrupt class by making noises on cue. 

Because the students made little effort to conceal their identities within the chat room, we were able to identify virtually all of the participants — who were almost evenly divided between men and women — and required them to participate in professionalism training and to help present programs on professionalism during new-student orientation.  Most showed remorse and indicated that they did not comprehend how unprofessional and hurtful their conduct was.  But the true bullies were adamant they had done nothing wrong and only wanted to know which classmate had squealed; we imposed additional disciplinary sanctions¹²⁰ on these students and continue to closely monitor their conduct.

A third example involved both bullying and cyberbullying:  two groups of students traded numerous e-mail messages, several of which could be interpreted as threatening physical violence.  While the e-mail war escalated, both groups experienced property damage at their off-campus residences.  One student was suspended on an interim basis pending completion of the investigation, and when the property damage occurred, local police became involved.  The problems continued over a period of several weeks.  Although the students did graduate — due to our inability to trace the threatening e-mail messages — all ended up with black marks on their records, and it remains to be seen whether they will pass muster with the board of bar examiners.

These incidents come from a single student body in which the vast majority of students are courteous, motivated, and engaged.  And these are just a sampling of the incidents about which I, as Dean, am aware.¹²¹   Logic, therefore, dictates that the problem of cyberbullies is even greater — on my campus and yours.¹²²

IV.       Solutions

Because cyberbullies threaten the health and welfare of our campus communities and the overall educational process, we must search for and implement solutions.  Law schools must stop bullies.  If left unchecked, they will enter the legal profession, where they undoubtedly will subject co-workers, subordinates, opposing counsel, and clients to their despicable conduct — and further damage the reputation of lawyers.  The bottom line is that we must not tolerate or enable bullies to survive, or thrive, on our campuses.  We must, in the words of Rudolph Giuliani, "stand up to bullies."¹²³  Below are several solutions that law schools should explore; the mix of solutions will, of course, depend on specific campus cultures.

A.        Take back the classroom

Professors should ensure that bullies cannot usurp the classroom environment.¹²⁴  They should include in their syllabus clear expectations about mutual respect and classroom conduct.  These expectations should include information about bullying conduct, and should indicate that such conduct will not be tolerated.¹²⁵  Professors should not assume that students will read or  understand the syllabus, and should take time to explain expectations during class.  Professors also must enforce the stated expectations; for example, they might incorporate professionalism as an element of the final grade.

In addition to holding students accountable, professors should model the conduct they expect from students.¹²⁶  If students perceive that the professor does not respect others, some will emulate the bad conduct.¹²⁷  

Professors also should consider the teaching techniques they employ.  While the Socratic method has its virtues, the "Kingsfield version," made famous in The Paper Chase,¹²⁸ includes bullying tendencies.  For example, Professor Kingsfield used the technique to control and intimidate students — the balance of power weighed entirely in his favor.  He berated and belittled students who did not understand the material, and his goal was to keep even the most prepared students off balance.¹²⁹  He emphasized doctrine and procedure and virtually ignored the individuals whose lives were affected by the case.¹³⁰  Teaching students how to parse facts, develop rules, analyze, synthesize, and draw sound conclusion is critical to a sound legal education.  However, other pedagogical techniques — including group problem solving — may help students master these key skills while increasing the level of respect and decreasing the level of incivility, or perceived incivility, in the classroom.  Higher levels of mutual respect will foil most bullies.¹³¹

Professors should take time to understand the technology available to students — and should learn how students might use, and misuse, that technology.  Students know that many professors are not tech-savvy, and take advantage of that fact.¹³² 

In addition, professors should disable the Internet connection during classes in which accessing the web is not necessary.  If disabling the Internet is not an option, professors should tell students — in the syllabus and verbally — that they may not plug in Internet connections during class.¹³³

Professors should be mobile and should walk around the room.  They should get to know the students; isolation and large classes erode personal connections that tend to discourage uncivil conduct.¹³⁴ 

Most students shun classroom disruptions, because classmates' bad behavior bothers them just as much as it bothers the professor.  Most want a safe, respectful environment in which to learn.  With this knowledge, professors can use positive peer pressure to help manage the classroom and to thwart the bullies.¹³⁵  Professors should stress that they want to know if anything — or anyone — is hindering students' ability to learn in the classroom.  They should also discourage students from feeding the bully's ego by participating in the conduct.  Professors should implore students not to watch bullying in silence¹³⁶ and should urge students to report instances of cyberbullying to the professor's attention, or to the attention of another school representative.  To help facilitate an open dialogue about bullying, professors can ask the class to select one or two ombudspersons with whom they can communicate on a confidential basis.

Professors in online courses should be particularly sensitive to the issue of cyberbullies, because cyberbullies in online courses can quickly disrupt the learning experience for everyone involved.¹³⁷  Among other solutions, professors should consider preparing course agreements that set the conditions for the course.  The agreement, which students can accept via e-mail, can include key portions of the school's computer use policy and conduct or honor code; it also can articulate conduct that is not acceptable, such as "threatening, harassing, belligerent, and abusive behavior."¹³⁸  The agreement should allow professors to remove students from the course when a student violates course conduct expectations.¹³⁹

B.        Teach students about high-tech courtesies

Educators often assume that, because most law students grew up in a high-tech world, they have mastered the proper, courteous use of the Internet, e-mail, and other forms of technology.  But such an assumption is false.  Many young adults are self-taught, and — for better or worse — simply emulate what others have done. 

Law schools should consider providing students, possibly at new student orientation or as part of the student handbook, with a set of expectations about computer and technology use and examples of proper netiquette.¹⁴⁰  Schools also should teach students effective anger management techniques, such as typing a formal response using a word-processing program — just as one would prepare a letter, complete with a return address and signature block — and only later copying the text to e-mail.  The formalities of preparing a letter often provide the writer with time to reflect, and time to edit.  Another useful anger-management technique is to draft a response, forward it to one's own account, let it sit overnight, and then reconsider whether to send the message the next day.

C.        Educate students in the discourse of disagreement

The growing incivilities on campus mirror those in society at large.  Politicians spend more time attacking each other than addressing the issues our nation faces.  Highly rated television shows depict people demeaning, yelling at, and even striking other participants.  Many of us have experienced drivers who "flip us off," pass us aggressively, or attempt to run us from the road.

These problems — and the problem of cyberbullies on campus — are due in part to the fact that most individuals have never been taught how to disagree or manage anger.  Given this void in training, many imitate what they see in the public arena.  As educators, we cannot simply assume that our students know how to disagree with others in a respectful, professional way.  Thus, law schools should develop programs to teach the "discourse of disagreement": how to listen respectfully,¹⁴¹ to engage in rational debate, and to state positions in a positive way without personally attacking others.¹⁴² 

As part of this training, law schools must educate students about how acts of incivility affect others.  We must teach students about empathy and tolerance.  Courses in legal writing, professional responsibility, alternative dispute resolution, interviewing and counseling, appellate practice, business practice, and many others are well suited to provide this type of training.  Using specific examples from the civil rights movement and highlighting the work of nonviolent activists, such as Ghandi and Henry David Thoreau, can help make the theory concrete.¹⁴³  In addition, sharing cases with students in which lawyers have been censured for unprofessional conduct can help them understand the importance of civility within the legal community.¹⁴⁴ Finally, law schools can use extracurricular programs, such as leadership development series, to teach students about civility, anger management, and conflict resolution.

D.        Introduce students to collaborative law and therapeutic jurisprudence

Collaborative law is a process in which the parties and their attorneys contractually commit, in a four-way agreement, to negotiate an out-of-court settlement through open communication and information sharing.  The agreement provides incentives for everyone to aspire to a win-win solution, because if either party initiates an adversarial proceeding, both attorneys must withdraw.¹⁴⁵  This type of training, which illustrates that attorneys who cooperate can succeed, will help downplay our tendency to glorify the adversarial process — a process within which bullies can thrive.¹⁴⁶ 

Therapeutic jurisprudence "focuses on the law's impact on emotional life and psychological well-being.  It recognizes that . . . the law (legal rules, legal procedures, and the behavior of lawyers and judges) often produces consequences in the psychological realm."¹⁴⁷  Therapeutic jurisprudence emphasizes "the human, emotional, psychological side of law and the legal process."¹⁴⁸   It also recognizes that actions by those within the legal system that impact the psychological well-being and emotional life of clients, parties, and others.¹⁴⁹  Introducing students to the theory and application of therapeutic jurisprudence has the potential to increase their interpersonal sensitivities and awareness about how their conduct, both positive and negative, impacts those around them.  Although bullies may not be receptive to the messages of therapeutic jurisprudence, bystanders might be.  The concepts may help to empower them to stand up to the bullies by encouraging them to think more carefully about how the actions of one person psychologically affect others. 

E.        Use codes and policies — and remember the law

Most bullies would stop if we changed the rules and punished bullying conduct.¹⁵⁰  Most schools have an honor code or conduct code.  Most often, these codes were enacted to provide for a safe, secure, and respectful learning environment.  These codes, therefore, should be modified to expressly prohibit and punish bullying and cyberbullying.¹⁵¹  For situations in which the bully engages in or threatens physical violence, the codes should allow officials to impose an interim suspension while the investigation is completed.  The codes also should provide for educational and counseling sessions in addition to traditional sanctions for misconduct.  

Law schools also can use other policies to control cyberbullies.  For example, computer policies can be designed to prohibit the improper use of campus computing resources.  These policies should be broad enough to cover individuals who use a non-university e-mail account to bully students, professors, or other university employees.¹⁵²  Whatever policies and procedures exist, when a bully acts, the bad conduct should be addressed as quickly as possible, because an early response can prevent the situation from escalating.¹⁵³

In addition, it is worth reminding students that some forms of cyberbullying can constitute crimes, torts, or statutory violations.¹⁵⁴  For example, seventeen states have enacted legislation that prohibits bullying in the K-12 setting.¹⁵⁵  Moreover, when the bully targets individuals in protected groups, it may constitute sexual or racial harassment.¹⁵⁶  Depending on the content of the messages, the bully may be liable in tort for defamation, public disclosure of private facts, invasion of privacy, assault, or intentional infliction of emotional distress.¹⁵⁷  He or she also may be subject to federal or state laws concerning telecommunications, online harassment, terrorist threats,¹⁵⁸ or stalking.¹⁵⁹ 

For situations in which an employee or faculty member is the perpetrator, schools should ensure that workplace policies are clearly written to prohibit bullying, should provide regular training that teaches employees to recognize the signs of bullying, and should establish a grievance procedure that will permit the victim and school to stop bullying conduct before it proceeds too far.¹⁶⁰

F.         Support the victims

One way to curb bullying is to support the victims and potential victims.  Many victims avoid reporting bullies because they are embarrassed,¹⁶¹ believe the bully will retaliate,¹⁶² or fear they will not be believed.¹⁶³  Similarly, people who observe bullying often will not report it for fear they will be the next target.¹⁶⁴  Therefore, schools should encourage victims and bystanders to report bullying conduct, and to the extent possible, promise anonymity and amnesty to those who report the problem.¹⁶⁵

Schools should believe victims.  Of course, it is possible for a "victim" to falsely accuse another student of bullying.¹⁶⁶  Thus, the best practice is to take reports of bullying seriously and to investigate the situation as quickly and as thoroughly as possible.¹⁶⁷

Law schools should establish policies and procedures that will protect victims from retaliation by the bully or the bully's allies.  When a bully is subjected to discipline, school officials must be sure to address, in writing, the consequences of retaliation.  They also should ensure the perpetrator understands the school will impose severe consequences for victim retaliation,¹⁶⁸ and that the school considers indirect retaliation to be as serious as direct actions. 

If the bully and victim take classes together, school officials should explore ways to make the victim more comfortable.  For example, they might alter seating assignments in the classroom to put the bully closer to the professor and farther from the victim.  If the conduct occurs during the required curriculum, they also might consider moving the bully to another section after the semester ends.¹⁶⁹  Officials might also determine whether the bully should be barred from extracurricular activities in which the victim also participates.  School officials should talk to the victim about services public safety might offer, such as escorts to his or her car.   They should provide or facilitate counseling that will allow victims to move past the injury and to regain their self-esteem.  Finally, because victims often blame themselves for what has happened, school officials also should take time to let them know this is not the case.¹⁷⁰ 

G.        Resist students' consumeristic tendencies

Deans, other administrators, and faculty must resist students' consumeristic tendencies.  Just because students pay tuition — sometimes very high tuition — does not mean they can control the discourse within the community.  Although students should be allowed to voice opinions and concerns, we should insist that those opinions and concerns be relevant and supported by logic and analysis.  We should emphasize that the teacher-student relationship is not that of consumer and service provider, but is more akin to a physician-patient relationship.¹⁷¹

As one author explained:

We need to keep traditional academic expectations in mind as we create a different relationship with students. Instead of letting students assume that merely paying tuition entitles them to a good grade, we must engage them in their own education, require them to take responsibility for their ultimate success, and acknowledge the role of faculty members as experts in their fields who are, nonetheless, still learning and fallible. The most appropriate analogy for such a new relationship comes from medicine, not business: Students are like patients, and professors are like doctors.

*    *    *

Thinking of students as patients makes more sense than comparing them to customers. Students should be required to be active participants in their own education.  We should  make it clear that, just as doctors expect patients to take their medications and follow their therapies, educational achievement requires that students attend class, complete assignments, and think. Merely paying for an education does not ensure success. When was the last time you visited a doctor and were guaranteed good health if you simply made your co-payment, even if you ignored the doctor's advice?¹⁷²

We should remind students that they are part of a community of scholars in which they have rights, but also have responsibilities.¹⁷³  If students know that they cannot control or intimate others with rude demands and bad behavior, chances are that courtesy will replace incivility.

H.        Educate professors and administrators about cyberbullying

A final cure is to educate professors and administrators — especially those who deal regularly with students, such as the dean of students, the dean of academic affairs, and the registrar — about cyberbullying, and make sure they know how to react if they are the victim of a cyberbully or if another person reveals that he or she is a victim.  Make sure they know school policies regarding cyberbullies — including honor or conduct code provisions and computer-use policies — and to whom they should report instances of cyberbullying.  Also make sure they understand and follow strategies to preserve evidence — such as establishing a paper trail of the cyberbullies' communications — and to coordinate with the law school's information technology department, which might be able to help trace the cyberbullies who use campus computing resources.

V.        Conclusion

Cyberbullies have come to campus.  They can disrupt our classrooms, inflict severe emotional trauma on victims, and hinder our educational mission.  Bullies — especially ones who seek to enter the legal profession — must not be tolerated, or enabled.  We must stand up to their tactics and implement programs and policies that will send a strong message that bullying is not acceptable and will be punished.  We must support the victims, encourage bystanders to help stop the bullying, and establish a climate of mutual respect and support in which bullies are not likely to thrive.  We must stop cyberbullies for the good of our students, our staffs, our schools, and the legal profession.  

* Vice President and Dean, Stetson University College of Law. I want to extend a special thanks to Professor Peter F. Lake, the Charles A. Dana Chair and Co-Director of Stetson University College of Law's Center for Excellence in Higher Education Law and Policy, for his collaboration on many ideas that appear in this article. I also want thank Professors Daniel B. Weddle and Brooke J. Bowman for reviewing drafts, and Stetson law librarian Sally G. Waters and Stetson law student Paula Bentley for their exemplary research assistance.