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EDUCATION LEADERS’ FORUM 24 March 2009 Cybersurvivor

EDUCATION LEADERS’ FORUM 24 March 2009 Cybersurvivor. Introduction and Overview Welcome Seminar Purpose Program Overview EDUCATION LEADERS’ FORUM 24 March 2009. Program Overview Summary of Legal Issues Developmental Theory and Responsible Management of Risk

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EDUCATION LEADERS’ FORUM 24 March 2009 Cybersurvivor

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  1. EDUCATION LEADERS’ FORUM 24 March 2009 Cybersurvivor

  2. Introduction and Overview • Welcome • Seminar Purpose • Program Overview EDUCATION LEADERS’ FORUM 24 March 2009

  3. Program Overview Summary of Legal Issues Developmental Theory and Responsible Management of Risk Managing the Use of Digital Technology by Young People Afternoon Tea Case Studies and Discussion Risk Management Advisory Panel EDUCATION LEADERS’ FORUM 24 March 2009

  4. Forms of digital technology

  5. Forms of violent conduct

  6. Our Experience: • Reactive service delivery on managing inappropriate use of digital technology EDUCATION LEADERS’ FORUM 24 March 2009

  7. Our Learnings: Children and young people in most parts of the western world are competent passionate and reliant users of digital technology An exciting and engaging learning tool Potential substitute for healthy social interaction EDUCATION LEADERS’ FORUM 24 March 2009

  8. Our Learnings: Predators target young people by using the internet and digital technology The digital age is not going away Rules and standards… in the home, in schools, in the workplace EDUCATION LEADERS’ FORUM 24 March 2009

  9. Our Learnings: Stakeholders need to assert their authority to lead our young people Teachers tend to be less enthusiastic about digital technology than their students Parents may expect the school to take the lead on this issue EDUCATION LEADERS’ FORUM 24 March 2009

  10. Recent Research: Bullying using digital technology: US survey in 2007 1 in 3 teenagers using the internet say they have been the targets of potentially menacing online activities receiving threatening messages having private emails forwarded without consent having embarrassing photos posted without permission having rumours spread online (A Lenhart, Data Memo: Cyberbullyig and Teens [2007]) EDUCATION LEADERS’ FORUM 24 March 2009

  11. Recent Research: Bullying using digital technology: In UK 54% of 18-24 yrs olds surveyed indicated that others had posted information about them with or without their consent (YouGov 2007) EDUCATION LEADERS’ FORUM 24 March 2009

  12. Recent Research: Social Networking: MySpace had 3 million members in 2007 – 50% are under the age of 25 years (SMH 29/5/07) EDUCATION LEADERS’ FORUM 24 March 2009

  13. Recent Research: Social Networking: “Young people are generally well rehearsed on the stranger danger elements of online activity in chat rooms, but …not all young people have got the message that the world of social networking is a public one, and holds safety traps and pitfalls” (ALRC Report 2008) EDUCATION LEADERS’ FORUM 24 March 2009

  14. Recent Research: Education: The Preferred Alternative Digital literacy: where critical analysis and ethical decision-making are applied to the process of controlling the disclosure of personal information (Berson and Berson 2006) Resolve problem that parents are less sophisticated users Resolve problem that most significant source of learning for young people on digital communication is their peers Digital etiquette in the school curriculum (ALRC 2008) EDUCATION LEADERS’ FORUM 24 March 2009

  15. Our Approach: Proactive risk management service delivery EDUCATION LEADERS’ FORUM 24 March 2009

  16. Summary of Legal Issues Liability of schools • Duty of Care for students • Onerous duty of care to students (cant delegate it) • Safe from risks that could cause them harm that is not insignificant • Fulfil primary purpose - education of students • Health and overall well being of students EDUCATION LEADERS’ FORUM 24 March 2009

  17. Summary of Legal Issues Liability of schools • Duty of Care for staff • Safe from risks that could cause them harm that is not insignificant • OHS and other responsibilities • Duty of care can extend to others eg: volunteers student teachers EDUCATION LEADERS’ FORUM 24 March 2009

  18. Summary of Legal Issues Liability of schools - Duty of care elements • Was a duty owed (relationship)? • Was the duty breached? • Did the breach cause the harm? EDUCATION LEADERS’ FORUM 24 March 2009

  19. Summary of Legal Issues Liability of schools - Duty of care elements Courts will ask : • Was the risk of harm reasonably foreseeable? • What was the probability that the incident would occur? • How serious would the harm be if the incident occurred? • What precautions did the school take to reduce the risks? EDUCATION LEADERS’ FORUM 24 March 2009

  20. Summary of Legal Issues • There are no precedents specifically in our topic of today • We rely on application of principles applied in cases that do not capture the shift in teaching methods and its expansion outside the school through use of digital technology EDUCATION LEADERS’ FORUM 24 March 2009

  21. Summary of Legal Issues Emerging legal issues – the relationship Neighbour principle broadens duty of care • 1996 first case involving the Trustees of Roman Catholic Church of the Diocese of Bathurst “…Undoubtedly … a particular duty of care arises becaue of a pre-existing relationship….” • 2005 High Court case - Trustees of Roman Catholic Church for the Diocese of Canberra and Goulburn v Hadba [2005]. EDUCATION LEADERS’ FORUM 24 March 2009

  22. Summary of Legal Issues Emerging legal issues – the relationship Neighbour principle broadens duty of care 1996 first case involving the Trustees of Roman Catholic Church of the Diocese of Bathurst “…Undoubtedly … a particular duty of care arises because of a pre-existing relationship….” 2005 High Court case - Trustees of Roman Catholic Church for the Diocese of Canberra and Goulburn v Hadba [2005]. (Dissenting Justices comments) EDUCATION LEADERS’ FORUM 24 March 2009

  23. Summary of Legal Issues Emerging legal issues – the relationship Neighbour principle broadens duty of care Communal nature of schools Context of a learning neighbourhood for students teachers and parents EDUCATION LEADERS’ FORUM 24 March 2009

  24. Summary of Legal Issues Emerging legal issues • What is viewed as “reasonably foreseeable” is extending • Greatest risk is that we believe if we did not see it then it is not reasonably foreseeable (misuse of cyber technology is not easy to see) Cox v State of New South Wales …duty of the school extended not based on the teachers actual ability or capability but the particular relationship between the student and teacher (headmaster). EDUCATION LEADERS’ FORUM 24 March 2009

  25. Summary of Legal Issues Emerging legal issues • This case raised issues that are significant: • 1) School authorities must take more then normal steps to address harmful conduct • 2) Lack of knowledge, capability or ability of a school authority will not be a defence • Digital communication - an essential education tool • Digital communication blurs traditional professional boundaries EDUCATION LEADERS’ FORUM 24 March 2009

  26. Summary of Legal Issues What does this all mean? • What are the values you aspire to in creating a community experience in your school. What do you promote in your literature and website? • Are you a learning community which engages parents, students, staff and broader community? • What are the expectations of the relationship with the school from parents and students? • How has this changed in the last 10 years? EDUCATION LEADERS’ FORUM 24 March 2009

  27. Summary of Legal Issues Facts known • Digital communication - an essential education tool • Digital communication blurs traditional professional boundaries • It allows for teaching to extend outside the classroom/school • Young people preferred means of communication/social • Most staff and parents are less skilled and knowledgeable in this area • Young people are developmentally at an age that pushes boundaries • Young people and staff can be harmed by misuse • We know there are risks – that's why you are here today EDUCATION LEADERS’ FORUM 24 March 2009

  28. Summary of Legal Issues • Research tells us the most significant part is education and creating a safe culture • So – What are the practical strategies that a school may adopt to reduce the risks? To prepare us to consider this later today lets be educated by our next two speakers ............ EDUCATION LEADERS’ FORUM 24 March 2009

  29. Developmental Theory and Responsible Management of Risk Dr Ros Montague, Director - NSW Institute of Psychiatry EDUCATION LEADERS’ FORUM 24 March 2009

  30. Managing the Use of Digital Technology by Young People Superintendent Brad Shallies, Australian Federal Police EDUCATION LEADERS’ FORUM 24 March 2009

  31. Risk management strategies to consider Multi faceted approach Values position Professional development Engagement with parents Education of Students Responses to victim, bully and bystander Workplace policies and procedures EDUCATION LEADERS’ FORUM 24 March 2009

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