Issue link: http://digital.copcomm.com/i/58727
The student opened up a Facebook account and posed as Guardino. He then "friended" other students at Carmel High School. Then he sent cruel remarks to a student with special needs, who actually believed his teacher was taunting him. "The student with spe- cial needs thought he was being bullied by me," says Guardino, a member of the Association of Carmel Teachers. "He was the sweetest kid in the world and had enough on his plate. It nearly ruined his self-esteem. It happened during the summer, and he didn't have access to me. He kept wondering why I was doing this." Once Guardino found out what was happening, he felt so "violated" that he decided to fight back. CTA provided legal services to Guardino through the Group Legal Services program and hired attorney Joe Cisneros of Monterey. Guardino then contacted the FBI, which subpoenaed the records from Face- book to find the perpetrator. "Facebook does not cooperate with any- body about anything," says Guardino. "Yet it's so simple to open up a fictitious Face- book account and commit cybercrime. MICHAEL GUARDINO People don't have the I was lucky the FBI subpoenaed the records, because they made it clear that my case wasn't on the map compared to other priorities, such as pursuing violent methamphetamine dealers in Watsonville. Still, this kid was in violation of the federal Computer Fraud and Abuse Act, and it needed to be dealt with." Once he had the student's name, right to steal a person's identity and use it in any forum. he agreed to keep it confidential because the boy was a minor, and filed suit against "John Doe" and his family. It never reached trial; there was a court settlement with the boy's family in January 2010. The teacher won $10,000. But after paying attor- ney's fees and taxes, Guardino was left with only $2,000. He donated the remainder to CTA. As part of the settlement, the judge told the student he must apologize to those he had targeted. According to Guardino, that never happened. Guardino is glad that he took a stand, even though he felt somewhat embar- rassed that the incident received coverage in the local press. "I wanted to prove a point," he says. "People don't have the right to steal a per- son's identity and use it in any forum." at school, including bullying and harass- ment," notes Sameer Hinduja. "Teachers must demonstrate emotional support, a warm and caring atmosphere, a strong focus on academics and learning, and fos- tering a healthy self-esteem. In schools that seek to create and promote an atmo- sphere where certain conduct is not tolerated — by students and staff alike — students know what is appropriate and what is not." Is it legal to cyberbully teachers? Cyber threats, such as Nan Cano received, are illegal and punishable by administrators and police. When allega- tions and insults are nonthreatening and do not substantially disrupt the learn- ing environment, students are protected under freedom of speech. California enacted a law in 2008 that allows schools to expel students who cyberbully their classmates or school per- sonnel. Only three states have anti-bully- ing laws that protect teachers; and only four states have laws that include off-cam- pus behaviors, although three states are considering such laws. For details, visit www.cyberbullying.us. It was very hurtful. I could have sued the family for damages, but I didn't want any more publicity — or to exacerbate the situation. But it definitely hurt my morale. BRENT JACKSON Cyberbully target Brent Jackson of Santa Rosa Middle School says the experience hurt his morale. 20 California Educator / March 2012 Targeted teacher fights back Michael Guardino uses one word to describe his school's online cyberbully, and that's "coward."