Regulation 5420-5

Students

Electronic/Digital Disruption

Reviewed and affirmed by the Board:  6/28/2022
Last Revision: 
Original publish date: 
Related policies & regulations:  
Legal references:  79-255

 

It shall be a violation of student conduct rules to engage in any activity through the use of sending, sharing or displaying electronic, digital or social media content that disrupts the learning environment of the school or is used as a method for violating any aspect of the student code of conduct. This includes an activity that has been described as “sexting.” “Sexting” means generating, sending or receiving, encouraging others to send or receive or showing others, through an electronic device, a text message, photograph, video or other medium that:

  1. Displays sexual content, including erotic nudity, any display of genitalia, unclothed female breasts or unclothed buttocks, or any sexually explicit conduct as defined in the Nebraska criminal statutes; or
  2. Sexually exploits a person, whether or not such person has given consent to creation or distribution of the message, photograph or video by permitting, allowing, encouraging, disseminating, distributing or forcing such student or other person to engage in sexually explicit, obscene or pornographic photography, films or depictions; or
  3. Displays a sexually explicit message for sexual gratification, flirtation or provocation, or to request or arrange a sexual encounter.

Students who engage in sexting, as well students who possess sexting messages in electronic devices that they possess on school grounds, at a school activity or in a school vehicle, may be subject to disciplinary action including, but not limited to, suspension or expulsion from school. Incidents of sexting that may constitute a violation of federal or state law including, but not limited to, the Nebraska Child Protection Act or the Nebraska Child Pornography Prevention Act, shall be reported to law enforcement. A student who receives unsolicited sexting will not be disciplined for possession of sexting if the student promptly reports the matter to the administration for resolution.