SCHOOL LIABILITY: HOLDING MIDDLE SCHOOLS LIABLE FOR CYBER-BULLYING DESPITE THEIR IMPLEMENTATION OF INTERNET USAGE CONTRACTS

Algeria Ford, University of Louisville Brandeis School of Law

Abstract

Cyber-bullying is the use of information and communication technologies to support deliberate, repeated, and hostile behavior by an individual or group, which is intended to harm others. With increasing Internet usage, it has become a serious problem in middle schools. To circumvent liability, some schools have begun implementing waivers that purport to shift tort liability to students or their parents by way of express contract. This article discusses the contract and tort law reasons why these waivers should not be used to limit school liability in middle school cyber-bullying cases.