A virtual heartbreak

He never intended for his video to be shared with schoolmates, let alone millions of YouTube viewers. But it was, and the results almost destroyed him. From this boy's story, here's a lesson for trustees and other educators.

By Terri Cohen

Social media sites – including Facebook, MySpace, YouTube, Twitter and Flickr, to name just a few – have rapidly become a popular way for students to communicate with each other. The technology has many positive features and when used appropriately can be a powerful teaching tool. But social media also have a darker side, and when misused can be a dangerous vehicle for student harassment and bullying. “Cyber-bullying,” that is, using social media sites to harass and torment someone online, has become an increasingly worrisome trend for educators who continue to struggle with the difficult challenge of enforcing student codes of conduct in cyberspace. 

A tragic and high profile case from a Quebec private school illustrates how social media can be misused, and also the social, emotional and legal consequences of such misuse.

The “Star Wars Kid”

During the 2002/2003 school year, a 15-year-old student at a Quebec high school made a video of himself awkwardly swinging a golf-ball retriever while pretending he was a Star Wars character (Darth Maul) famous for wielding a “lightsabre” in combat. The video clip shows a rather overweight and clumsy teenager making awkward combat moves for a period of about two minutes. The teenager made the video for private purposes, but it was found at the school by some fellow students who posted it on the Internet, and invited people to make insulting remarks about the clip.

Within a period of just a few weeks, the video clip was reportedly downloaded several million times. An adapted version of the clip was also apparently created, together with Star Wars music, text, and sound effects. According to one report,it was at one time the most popular video clip on the Internet, viewed approximately 900 million times.

Unfortunately the teenager was apparently relentlessly teased at school as a result of the video, and according to reports eventually dropped out of school and finished the school year in a children’s psychiatric hospital. The harassment from his classmates was, according to the student, “simply unbearable, totally. It was impossible to attend class.” Reportedly, whenever he would enter common areas of the school, other students would jump up on tables and chant: “Star Wars Kid!” “Star Wars Kid!”

The teenager’s parents eventually sued the parents of the Grade 11 students who had published the video clip on the Internet and sought $351,000 in damages.

The Statement of Claim reportedly stated, in part, that the student “had to endure, and still endures today, harassment and derision from his high-school mates and the public at large” and he “will be under psychiatric care for an indefinite period of time.” The lawsuit also included information reporting on lengthy chats among the students who had posted the clip, which were alleged to demonstrate that the students were unrepentant.

The lawsuit brought by the teenager’s parents was scheduled to be heard in court in 2006, but was eventually settled out of court, according to reports. Details of the settlement remain confidential.

Lessons for school officials

Although the “Star Wars Kid” case occurred several years ago, it remains one of the most high profile cyber-bullying cases in Canada and, given the recent explosion of social media, provides educators and parents with important lessons about the unchecked consequences of cyber-bullying.

As demonstrated in this case, cyber-bullying is a unique and potentially extremely harmful form of bullying. School officials can do much to address this form of bullying by continuing to teach students about civic behaviour and codes of conduct, helping students to understand the adverse and damaging effects of cyber-bullying on their classmates, and engaging in curricular programs that assist students in learning how to appropriately use social media. Additionally, it may be useful for boards of education to review and update their acceptable- use and technology policies, including updating the acceptable use of social media and other Internet communication vehicles.

Given that parents and boards of education could be held vicariously liable by the courts for acts of cyber-bullying by students, it may also be prudent as a risk management strategy for school officials to consider updating both educators and parents about social media generally, and the potential misuses of the technology in particular.

Terri A. Cohen (B.A., LL.B., Ph.D., Barrister & Solicitor) is a lawyer with Harris & Company, LLP, Labour and Employment Lawyers, Vancouver, BC. This column contains general information on legal topics related to education. If you have specific legal problems, you should consult a lawyer. BCSTA provides free legal consultation to its member school boards.

Thanks for the donations

Donations to the BCSTA’s Jean Ciriani Student Citizenship Award, named after the late, former Communications Director, have reached an impressive $5,340. With deep thanks, we recognize those who’ve donated.

We note gratefully that their donations will boost for some years ahead the annual number of BCSTA Student Citizenship Awards to five from the usual four.

And now, here's the honour roll of donors to the award:

Valerie Adrian
Donald and Joan Axford
Angelo and Marie Baldonaro
Andrea Bosch
Shauna and Robert Bourassa
Canadian Association of Communicators in Education
Lorna and John Ciriani
Mr. and Mrs. Roland W. Cobb
Paul de la Riva and Guylaine Laflamme de la Riva
Jordan and Jodi Lynn Dagg
June Duck
Venessa and Blair Eden
Diane Edwards
June D. Elder
Anna and Kirk Evenrude
Graziano and Eda Favaro
Shirley Fortin and Jodie Bacon
Carol Gibson
Maurice and Mary Granger
Ron and Lillian Harcus
Deidre Herbert and Stephen Lazenby
Susan and David Karstein
Dr. Frances O. Kelsey
Ruth Makay
Mitch McAmmond
Dr. and Mrs. J. McGregor
Ronald and Glenda Miles
John Noakes
Yolanda Pressacco and family
Qwemtsin Health Society
Doug and Kathy Richardson
J.W. Russell and N.A. Russell
Peter and Jan Shand
Terry and Sharon Simpson
SJN Communications
Jean E. Smith
Douglas and Sara Strachan
George and Lillian Swanson
Thompson Rivers University
A. Thompson and D. Handel
Mary Jane Thorne
Mario and Rita Tuan
Katherine Wagner
Ray and Sherri Weremczuk
William and Eleanor Whyte
Jodie Wilson