Episode 112 Show Notes

Episode 112: How To Handle The Rise Of Deepfake Content And NCII (Non-Consensual Intimate Imagery)

Episode 112: Show Notes

Disclaimer: This episode and resources listed in the Show Notes are available for informational purposes only and are not considered legal advice on any subject matter. This episode and Show Notes should not be used as a substitute for legal advice from a licensed professional attorney, and listeners/readers are urged to consult their own legal counsel (and/or local law enforcement) on any specific legal questions concerning a specific situation.

CLICK HERE for NAIS AI Resources For Schools And Educators

CLICK HERE for CNN Article: AI means that anyone can be a victim of deepfake porn. Here's how to protect yourself by Claire Duffy

CLICK HERE to listen to attorney Carrie Goldberg discuss how to protect yourself from deepfake porn and NCII on the Terms of Service Podcast

CLICK HERE for stopNCII.org

CLICK HERE for inHOPE.org blog post

CLICK HERE for EdLaw Connect Blog Post Unmasking Deepfakes: Legal Insights For School Districts

CLICK HERE How To Report Image Abuse on Social Media

CLICK HERE for CDT Study In Deep Trouble: Surfacing tech-powered sexual harrassment in K-12 schools

CLICK HERE for Online Health and Safety For Children And Youth: Best practices for families and guidance for industries

CLICK HERE for Episode 42: Extreme Ownership (Leadership Lessons From A Navy SEAL)

Big Takeaways:

What are Deepfake Content and NCII?

Deepfake Content

Deepfakes are digital manipulations of images, videos, or audio clips, where artificial intelligence (AI) is used to replace one person’s face, body, or voice with another's.
This technology can create highly realistic and convincing media, making it difficult to distinguish what is real from what is fabricated.

Non-Consensual Intimate Imagery (NCII)

This refers to explicit images or videos that are shared without the consent of the person involved, sometimes called “revenge porn.”
NCII is a growing issue and can be extremely damaging, especially to young people.
It’s often used maliciously to humiliate, coerce, or harm individuals, and its effects can be long-lasting.

Why Are These Technologies More Accessible Today?

Advancements in AI Technology
Wide Availability of Personal Images
Anonymity of the Internet

Implications for Private School Leaders

Damage to Student and Staff Reputation
Threats to the School’s Reputation:
Increased Legal Risks

10 Proactive Strategies for Private School Leaders to Reduce Deepfake Content and NCII (and how to respond if it happens at your school)

1 Educate Your Community

2 Implement Clear Policies

3 Strengthen Cybersecurity

4 Monitor School Networks

5 Establish Reporting Channels

6 Partner with Law Enforcement

7 Partner with Legal Experts and provide legal Consequences Education

8 Provide Mental Health Support

9 Use Digital Footprint Awareness Campaigns

10 Limit Device Use Where Necessary

Two Important Final Thoughts:

1. Pump the brakes on consequences

Thoroughly Investigate
Slow Down
Resist the pressure

2. Emphasize Mental Health Support of Victims

Often too focused on consequences and reputational damage to the school
Make sure that you are hyper-focused on providing mental health support for the victim

Call to Action

Share this episode with other leaders at your school and school counselors
Have a team meeting to discuss next steps at your school

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Music by Twisterium from Pixabay

TRANSCRIPT:

Welcome to Private School Leader podcast, uh, where private school leaders learn how to thrive and not just survive as they serve and leadave their schools. I strongly believe that it is possible to have a long and happy and fulfilling career as a private school leader. And my passion is to help you figure out exactly how to do just that right here on the Private School Leader podcast. And I'm your host, Mark Minkus. • • • So I want to start today's episode by telling you a story, um, and it's a story that might make you uncomfortable. It's the story of a principal, a high school principal in New Jersey. And this is something that happened in spring of 2024. • • • And one day • • • an email showed up in the email inbox of every employee in this principal's, • • uh, building. • • And it was from an unknown email address and an audio file was attached. • • • • And so several people • • opened that email and listened to it. • • And there was about a 30 second rant, • • • uh, the voice of the principal going on a racist, • • anti, um, • • Semitic, homophobic rant. • • • And so of course there was, • • um, a huge, uh, reaction to that. He was suspended. • • And um, they had to get, um, you know, police officer, um, out in front of the house • • and • all of these kinds of, um, things to • • try and put some space between this principal • • and the school community and the community at large. • • But there was just one humongous problem, • • and that is that the principal never said those words. • • • And what he was dealing with was that someone had created a Deepfake audio • • and then distributed it. • • • And it turned out • that, um, • after an investigation, that they found out that it was actually • an employee in the school district, a disgruntled employee who had been put on a performance improvement plan, • who had created this Deepfake audio by getting audio off of the school's website or from a snow delay announcement. Um, you don't need a lot of audio to be able to type in a message and then have it sound pretty convincing. • • And so of course this principle in New Jersey, he didn't do anything wrong, • • • but that didn't change his home being vandalized, his reputation • • being impacted, and the difficulties that he would face moving forward from people who perhaps just didn't believe him. • • • And so, on today's episode of the Private School Leader podcast, • • we are going to talk about a very, • • • uh, difficult subject, a subject that is honestly kind of scary. Um, but we have to be prepared. • And that is how to handle the rise of Deepfake content. • • • Ncii, which stands for Non Consensual Intimate Imagery. • • •

But before we get into that. I just want to let you know that I have a free resource for you called the top six ways to protect your school from a lawsuit. • • This is a 10 page PDF • that will help you to keep your staff and students safe and help keep your school out of court. • • We all know that litigation is expensive and time consuming and extremely stressful. And this common sense guide will help you to be more intentional and proactive when it comes to protecting your school. • And so you can go to the privatehooller.com lawsuit to grab the top six ways to protect your school from a lawsuit. That's the privatescchooler.com lawsuit and that's free to you as a thank you just for listening to the podcast. • • • And then just a quick question. What is your biggest problem at school right now? • • • Is it that you're overwhelmed? Is it that your family never sees you? • Um, • • you're starting to get burn out? Is it relentless parents? Is it difficult teachers? Is it all of the above? • • Well, I would love to work with you one on one and hear more about that problem and help you solve your biggest problem. • • And um, I just want to put that out there that I have a couple of coaching spots open right now and you can go to the privatehooladeer.com coaching to find out more about working with me one on one. • • • So most of you know that, um, when I publish an episode every week that I also put the audio of that episode on YouTube • • in about two months ago, um, there started to be a question that popped up that I hadn't seen before. And um, there's all different kinds of things. To post a YouTube video, you click on this and you, • you know, mark it as public. Is it for children? No. And just all these different kinds of things that you do. And I had pretty much gotten into the routine after over 100 episodes. • • • • • But then, uh, like, uh, I said a couple months ago, this question popped up. And here's the question. • • Do any of the following describe your content? Makes a real person appear to say or do something they didn't say or do? Alters footage of a real event or place, Generates a realistic looking scene that didn't actually occur. And then you click yes or no. • • • And we know why that question now appears before you can post. And let's face it, I mean, anyone can post. • • Click yes, click no, or click yes on that. • • • Um, obviously I click no and probably some other people click no that do put out fake content. But, um, the fact that YouTube is now asking that question is this Real. This is, • uh, are you trying to make a person here to say or do something they didn't say or do? Is this generating a realistic looking scene that didn't actually occur? • • And so our topic today, it addresses something that's serious and it's just increasingly prevalent for private school leaders. • • And that's the rise of deepfake content and non consensual intimate imagery. • • • • • And just as • • • technology continues to improve • • • that creating and sharing • • these fake images that are manipulated or fabricated, created, • um, whether it's audio or images or video, it's easier than it's ever been before. • • • • And unfortunately this content poses some really unique risks to our schools, • • to our kids, to our staff, to us as private school leaders. • • • • And here's how we're going to handle this because we, • • • I told you at the top of the episode that this is going to be uncomfortable but necessary. • • And so we're going to lean into this and we're going to educate ourselves so that we can be prepared • and then if, God forbid, it happens at your school, then you can have a plan. • •

Um, and so in this episode we're going to define what is deepfake content and what is ncii. • • We're going, I'm going to explain why they're so accessible today. • • Um, and just, it didn't seem this way, just even this a year ago, maybe two years ago. We're going to discuss the implications for you as a private school leader. And then most importantly, I'm going to give you 10 strategies • • that you can use to help protect your staff and students. • • Um, and it's some guidance that some of it is proactive and preventative and then some of it is reactive. If, um, something like this were to happen at your school. So let's get into this. • • • • First of all, let's define these terms. What is deepfake content? • • So deepfakes are digital manipulations of images, videos or audio clips where AI is used to replace a person's face, body or voice • • with another. And so that seems pretty straightforward. It's terrifying, but it's pretty straightforward. • • Um, and this technology can create highly realistic and convincing images and, or audio. As I said at the top of the episode with this • • principle, um, • • • in New Jersey, it makes it really difficult to tell what's real and what's not. • • And, and these deepfakes, it can range from humorous to deeply harmful. And I think that like with many things, it kind of started out as being funny, you know, putting someone's face on a celebrity or you know, those kinds of things. But then unfortunately, it started to take a dark turn. • • • And, you know, it's possible for deepfake tech to be used positively, • like in the world of entertainment where we watch a Marvel movie and how much of that is real and how much of it is cgi? • • I don't really care when I'm watching a Marvel movie because I'm interested in watching them fight aliens and whatever. • • • So there are some • positives to it. But of course we know • that, um, this can lead to people being exploited, • • • reputations being damaged, um, and it can be extremely, um, harmful. So that's deepfake.

Let's talk about ncii. And as I've said, NCII stands for • • non Consensual intimate imagery. • • • So these are explicit images or videos • • that are shared without the consent of the person. • • • • And sometimes you may have heard the term revenge porn. • • And kind of what that used to refer to was photos • • • of, um, • • adults who were, um, in a consensual relationship and had intimate photos of each other on their phone, let's say. And then when they broke up, then perhaps one or, um, one of the people that were in that relationship would share that, um, imagery widely, • • • um, and, • • you know, kind of get back at them. Hence the term revenge porn. • • And so NCII takes it to another level. I mean it still is under that, under that umbrella is still • • access to intimate imagery and then the distribution of that. But also the deepfake takes it to a whole nother level because • • • it can be • • • • non, um, • • consensual intimate imagery that is a face of a 8th grade girl, let's say that's on Instagram. • And, and then someone puts that onto • • the body of a nude woman. • • • And so, • um, • • you know, NCII is a growing • • • issue and • • • becoming more common and it can be incredibly damaging to young people. • • • And it's often used maliciously and for bullying and humiliation and coercion. And • • • • it can affect someone for the rest of their life. I mean, the research isn't really complete because a lot of this is so new, but I mean it's just common sense. • • Um, and then there's also the blackmail aspect of it, and we'll talk about that a little bit later. •

So let's answer this question. Why are these technologies so accessible, so much more accessible today? • • • So there's three reasons for that. When I was doing my research, I came up with three reasons. So number one is advancements in AI technology. And so • • • technology has just continued to advance. And now we're at a point where deepfakes that used to be done by • • • Industrial Light and Magic for Star wars movies or TV shows or things that used to be done for Marvel movies that now, you know, it's pretty easy for someone with some basic computer skills • • and just a few clicks on an app to upload some images and create some highly realistic content that is often pretty indistinguishable from the real thing. • • And so it's just become a lot easier. And if you think about it, you know, depending on what your age is, • you know, you may remember gigantic TVS that were part of like a console or, you know, uh, they were TVS that sat on a TV stand and they had a huge back on them and then it got to be flat screen TVS and you know, the technology just continued to improve. • • And so I'm not anti technology. I think it's just the reality • • of the situation that as technology improves, there will often be many, many good uses for it. But then there's also going to be a dark side to that. • •

So, um, the last piece of why this is becoming, I said advancements in AI technology, um, I mentioned it briefly. It's just that there are now platforms and apps that users can use to upload photos. And so the access is easier, the tools are more user friendly, it's faster and it's cheaper than it used to be. And so that's why it's happening more often. The second reason why it's becoming so prevalent is because of the wide availability of personal images. • • So it used to be, and again, • • you know, I'm in my late 50s and so I remember photo albums and I remember a world before smartphones and many of you do as well. It used to be that our photos • were developed, um, at uh, you know, a store and we went and picked them up and then they went into photo albums. But now with the rise of smartphones and cloud storage, • • images are everywhere. You know, social media, um, • • • • you know, people often • • share photos and videos publicly, audio of their voice, you know, and it's very easily accessible now. So we've got the combination of advanced • • • • • technology and AI • • and the wide availability of images that maybe weren't as available um, 10 years ago. • • And so there's this humongous repository of personal imagery and media and audio • • and video and images that can be exploited if there's someone out there that's looking to create fake content or harmful content. And so then you've got hacking and phishing and scams and data breaches, • • and then those things sometimes are, • • um, • • you know, through no, • • • • um, harm no, um, intentional, um, • • ill will on the part of a student or staff member at your school. • • • • • But it just is this external thing that happens and then that's out there and then it becomes more exposed. And when it's exposed, it can be manipulated. • • And then the third reason why this is becoming so prevalent is because of the anonymity of the Internet. • And we already know that that's a problem. But these, um, people who are doing deepfake and NCII creators, • they're just operating anonymously and, and it's very difficult to hold them accountable. • Um, • • • • and so if you • are out there and you think that there are no consequences, then you can get pretty bold and pretty malicious • • and distribute some pretty harmful images and you're not worried about getting in trouble because it's a lot harder to track somebody. You know, if, if someone wrote a note, let's say, and again, we're going back now to the 80s and 90s, but someone writes a note and hands it to someone, boom, you know, right there it's very clear who did this. • Um, and yes, you can still trace IP addresses and things of that nature. But, um, it is just getting, um, more difficult. And um, • • there's anonymity that creates that boldness to um, • create, to create this kind of content. • •

And so before we get into the strategies, I want to talk about implications for us as private school leaders. And so before we do that, I just want to say that I know I'm talking about a lot of stuff. Um, as usual, I'm going toa take good care of you in the show notes@thepr privatechhoolader.com • • • Episode 102 • • and um, I'll also link some helpful articles there for you, um, as well as the 10 strategies that we're going to talk about. So, you know, you don't have to • • • think and try to remember all of these things. You can just kind of take it in on this first pass, um, as you listen and then, um, dig in a little deeper • • • when you have time. • • So, implications for us as private school leaders. Here's the big thing that I want you to hear and that is that we just need to recognize that these are not distant threats. Okay, I was reading a blog and I really like that phrase that these are not distant threats, they're here. • • • So I'm going to say that a third time. These are not distant threats. They are here. • • • • And they can directly affect our students, our teachers, our institutions'reputations • here's the thing, it if the sidewalk was icy out in Front of the school, you would have somebody go out there and put salt on it. • • If the playground had um, where the monkey bars are, there was one that was broken off and there's this sharp piece of metal that's sticking out and it's 10 minutes before recess, you're gonna do something about it. But those are visible threats • • • • and so • • of course they get our attention. • • • Well, I just want to this to register on your radar that this is an invisible threat. • • And while we're going to try and do some things to reduce the • opportunity, • • • I want to equip you not only with the things to do proactively, but what to do if it does happen. • • It's a threat. It's just a threat that we can't see and we don't know where or when it's coming. And maybe it won't happen, you know, maybe it won't. But um, it's good to be prepared and so that's why I felt compelled to do this episode.

So let's just talk for a minute about um, some implications for us as leaders and then I'll get into the strategies. So number one is damage to student and staff reputation. • • So • • • you probably got to chill down your spine when I was telling you the story about the principal in New Jersey and the audio • that wasn't him. And then there's protesters outside of his house. • • Um, • • • you know, a single deepf fig video or audio or imagery can have life altering effects and the younger the student, the more impactful it can be. • • Um, and they're likely gonna face bullying and shame • and perhaps reputational harm. Even if it is clearly found out that this was a deepfake, um, this was NCII • • • mental health issues. It's going to impact their academic performance, their relationships within the class, • all kinds of things. So the first thing is the impact on our staff and students • • and then there's the threat to our school's reputation. • • And while the students are our priority, we also want to make sure that our school has a good reputation in the community. And so if this is popping up in our school community, then are the, you know, the news trucks going to show up the next morning and want to talk to you about it? Um, • • you know, this is something juicy that um, is starting to become more and more common in happening in public schools. And usually if it's happening in public high schools, it's not • too long after that that it's going to start popping up in private high schools and then in private middle schools. And so, you know, we want to protect our reputation as a school. We don't want this salacious kind of news out there. And so there's the need for confidentiality, but there's also the need for diligence, • • um, in our preparation and in the way that we handle things. So. And then there's this trust relationship that we're in with the parents and students and staff. And when there's a breach of that trust and a breach of that psychological safety that everyone is seeking in our schools, • • • then that can impact enrollment and staff retention and how the community perceives our school, even if we didn't do anything wrong. • • And that's why, you know, a few episodes back, I did an episode on • • • • the emotional price tag of a ongoing lawsuit. You know, • it's not that we have to do something wrong to get sued. • • • Um, it's not that we are, you know, we might check all the boxes as far as trying to be prepared for this and it happens anyways, but we just have to use common sense, um, be prepared • • and, you know, again, try to protect the kids, protect the reputation of the school. And then also, number three is just the increased legal risks. And that kind of all weaves together with what I was saying a minute ago. • Um, you know, if the school was deemed negligent in protecting students, if you don't have a reporting system, if you don't have a policy, or if you do have a policy and you didn't follow the policy, • um, you know, if the content was created or shared or spread around on school property or using school technology, you know, now the school's involved and it's a legal matter that's going to involve law enforcement. And so, you know, again, I know that these things suck and these things are scary, but the thing that's worse is to stick our head in the sand and not. And cover up our ears and notnna know any of this. So, again, um, I know it's a lot. It's a lot to take in. Um, but • • • • the best thing to do is to try to learn and to try to, um, be prepared. • • • • •

Okay, let's get into these 10 proactive strategies • • • for Private School leaders to Reduce deepfake content and ncii. So really, this list is a combination of trying to be proactive • and then also what to do • • if this does happen at your school. • • So, number one, with most things, this is the same with this issue is to educate your school community • • and so to hold • • • regular • sessions, whether it's during advisory, • um, • • • whether it's during professional development for teachers. Teachers should Be informed and educated about this issue. • • Students should be informed about the dangers and the consequences of deepfake and NCII on both sides of it. One is the potential victim who is sharing way too much stuff that they need to be taught about the dangers • of sharing too much, um, information or too much, • uh, video, audio, images. • • • • But by the same token, you know, those that would maybe be thinking about doing something like this, they need to be informed • • the severe consequences • • should this happen. • • And we know that awareness is always the first step to prevention, whether it's • • preventing force, fires, or whether it's, you know, like I said, the, the icy sidewalk out in front of the school. • • • If you're not aware of it, • • then you're not going to send someone out there to put some salt on the sidewalk. So awareness, we want to educate everybody • • and then we want to teach everyone in our school community just what are deepfakes and what is NCII and how do we recognize them and why they're harmful. • And • • if we can educate, we can combat the shame, • • • • because the shame is going to keep people from reporting it. • • • And it is very underreported as far as deepfakes and ncii. • • • And so that's because of the shame factor. • • And so we need to be • • • very diligent in our education. • • • Um, you know, offer sessions and resources about how to protect personal information online, • • the importance of privacy settings on social media, you know, setting the Instagram account to private, • making sure that the age, • • um, • • recommended ages are, you know, being met, things of that nature. I'm not saying that's your responsibility to like police that. I'm just saying to educate the kids, the teachers. And then of course we need to engage the parents on this, to hold • informational sessions for parents, • • • um, record those on video and then share that video with all the parents because not all the parents are going to be able to be there. Just m. Maybe have an outside speaker come in, someone from law enforcement or a mental health professional. You don't have to become the expert on this. • • You can become aware enough so that you can keep your kids and staff as safe as possible, but just like you would for something else, whether it's vaping or whatever, • • • • you know, try and find, um, someone local, • • um, mental health professional, law enforcement, a pediatrician, • um, you know, put out the feelers within your school community confidentially to try to, you know, be proactive. And, um, not only will you then have that person in there educating your staff and parents and students, but then you also have a person that you can turn to if it does • • um, happen at your school. • • Okay, that's. Number one is educate. Number two is implement clear policies. • • • So we got to have • • clear policies around appropriate digital behavior. And I'm sure you do about personal devices and whether or not they can have their phones out or you know, not using the school Chromebook for you know, non school purposes. Like you have all kinds of policies but make sure that the policy explicitly addresses cyberbullying, • • • non consensual, • um, intimate imagery and um, deepfakes. And I'm not saying you necessarily need to go if you're listening to this in real time. It's um, early December. I'm not saying you need to go halfway through the school year and change the handbook, but maybe you decide you do want to do that. Um, that's up to you. But um, • • you know, to just be clear, um, • • about • • • the policies • • • and then also obviously follow them, um, we'll get to that in a minute. But establish guidelines around social media use that um, limit the sharing of personal information and images, especially by students and staff. And again you can't police that, especially what happens outside of school. But you can have these guidelines and then um, you can try to educate and then try to um, consistently enforce your policies. Okay, Number three, we're going toa strengthen our cybersecurity. • So you very likely have a pretty good um, cybersecurity framework or firewall or • • filters, um, • • • • um, whatever you want to call it, your, you know, your school's digital infrastructure that prevents hackers. And • • what you don't want is someone hacking the school and getting all of that personal data, • school photos, um, you know, • um, other kinds of information. And so • • • it's, you know, we wantn to just invest in that so that um, we're keeping • things from the outside from coming in and hacking us. Okay. And then number four is to monitor school networks internally. • So at our school we have um, and this has to be. Okay, let me just, let me just read this. It says use AI driven monitoring systems • • that can detect and alert or flag administrators to potential violations. • • • So the reason it's AI driven, um, • • like it is at our school is because what are you going to do? Are you going to hire someone that's going to sit there? And there's no way that you could hire enough people to sit there and like go through and monitor all that. So almost all of them now are AI driven. And I know it's kind of like ironic that we're using AI to help us catch • um, someone that's doing Something they shouldn't do. But, you know, occasionally I'll get an email from the director of technology that says, • • • um, hey, um, you know, so and so flagged for • • visiting this website, what have you. And so very likely you have those kinds of things in place. If not, talk to the person that knows more about that than you do. Um, and make sure that you're monitoring things, um, • • internally. • • Number five, establish reporting channels. Okay? So you'renn, you're going to make sure that there are clear and confidential ways for students or staff to report this if it happens. • • • And it has to be clear, it has to be confidential, it has to be • • • very low hanging fruit as far as like quote, unquote, the comfort level. Because the better your reporting channels and the better your way of doing, the better you are at doing this. • You're going to help them overcome that chame factor, • • • • um, • • they have in their head. They being the child, • • they being possibly the staff member. Oh man, I shouldn't have shared that photo. Here's uh, • • • here's the thing. It's like • m the problem with Deepfake and ncii. I mean, with ncii, often it is an intimate image that the child or the staff member shared and then it's being used in an inappropriate way. It was never intended for public use. • • • But that's kind of become irrelevant because with Deepfake, it could just be a regular photo posted at the park on Instagram that then someone • • uses to make it into an intimate image. Okay, so there's going to be a shame factor attached to this. • And this anonymous reporting system has to allow students and staff to report • without the, • • to report the harassment, because that's what it is. It's a crime, uh, in most, um, in most states, • • um, • and we'll get to law enforcement next. But, • • • • um, • just to be able to report without fear of retribution, that's our responsibility to make sure that that is in place. And if it's not, then it's something that you can, you can talk about. What is the, what is the procedure? Um, number six, partner with law enforcement. So you want to continue to build on those relationships with local law enforcement. If you have a good relationship with one of the local officers, then, you know, have a conversation about this. Do they have someone in their department that's an expert in cybercrime or cyberbullying or • • • has investigated deepfakes or ncii? They will likely have some advice. • • And then, um, • • there will also be that preexisting, um, relationship, that communication that already exists, should, God forbid You know, something happen at school and then you are know, you would know, um, what you're required to disclose and report and how and when and so on and so forth.

And that leads us right into number seven, which is also partner with legal, • • um, your legal advisor, your attorney, the school's attorney, and also provide legal consequences education to the kids and the students. • So this is two parts. First of all, you know, with your attorney. Again, you may talk to your attorney and they may not know much at all about DeepFaker NCII. Okay, • • • • fine. But then they need to talk to somebody who does. Um, because you want to make sure that you're checking the boxes for, for the town, for the state that you live in, that you're keeping those kids safe, • um, and that you're doing, you know, what's, what is supposed to, um, be done, um, and, you know, what are the laws that you need to be aware of, make sure the school is compliant. • Um, there's protective legislation out there. • Um, and so, you know, again, very likely, if you've got a m, you know, a good internal monitoring system • and you're um, you know, trying to stay on top of that, that you're doing a good job of keeping your kids safe. It's just, • • • it's just wise to talk to your attorney • • • about this, um, and the possibility of how to, you know, you don't want to be • • having that first conversation • • after you hang up the phone from the dad that called you that said, • • there's a picture out there of my daughter. Okay, um, you want to have some of these conversations • • before that and then pray that that phone call never happens. • • • • And then the second part of this is to educate the students on the potential legal consequences • • • of creating or distributing NCII or deepfake. So the kids need to know. • And so if you know what the law is, • • • • then you can pass it on to the kids because, you know, kids have this invisibility, • invincibility complex that nothing's ever going to happen to them and they're not going to get in trouble. And there's that anonymity of the Internet factor. • • • But that again, • • you know, if a determined police force, who has cybers, security experts, • u, um, given enough time, they're probably going to figure it out. Okay? So that's important to • • um, know and um, to share and not in a scary way, but just again, we're educating the kids on consequences so that they can make choices. • • • Number eight is to provide mental health support. And we want to offer that mental health support because these are victims, they're victims of cyber buulling, they're victims of possibly child pornography being distributed. Um, and • support from trained counselors can help these • children or staff members navigate the trauma because this is trauma if this happens to them and then the stress that is surrounding that. And so we need to do a really, really good job if um, God forbid, one of our students or staff members is a victim of supporting them and then also referring them to external mental health resources. • • • Um, number nine is to use a digital footprint awareness campaign. And that's just really baked into • • um, your digital citizenship advisory, • • • um, education, where you're going to teach kids about their digital footprint and the long term impact • • sharing things online. And, and again, you're not going toa try and scare them, you're going to inform them. You want them to start to really, really see about, • • • um, the, the dangers that are out there and the wisdom that they have to show in just keeping everything, you know, to themselves and sharing as little as possible out there beyond just their small circle of friends. And, and I get it, you know, their, their frontal lobe is not fully formed and that's why we're in their lives to help them and they do dumb things. Um, but we have to again, educate them and you know, • • • • make sure that they're understanding about the digital footprint and how that can be something that's out there forever. • • • • And then number 10 is to limit device use where necessary. • • • Um, whatever your rules are, but especially in vulnerable areas like bathrooms, locker rooms, • • • hotel, um, • • rooms on a field trip, things like that, um, • it is very, very, • • • • • • • I would say that I would strongly recommend that um, you think about those places first • and then click one click out. As far as I know, many of you are wrestling with middle school and high school. You know, do we collect the phones? Many of you do, many of you don't. Um, it's a really tough issue, but you know, a place to start would be the more vulnerable areas. Bathrooms, locker rooms, um, sleeping areas during field trips. • • So I want to just hit you with two final thoughts on this. Um, two big things that didn't really fit into the list. All right? So number one is to pump the brakes on consequences. So let's say God forbid that this happens at your school. Let me explain what I mean about pump the brakes on consequences. • • • • • • Often • • we • • would • be so focused on • • • • • the consequences of finding out who did it • • and then just • • • throwing the book at them. You know, the handbook says expulsion, boom, you're out. Um, you know, there's a rumor that it was this boy in, you know, seventh grade that did the thing and whatever. And by the way, that's another thing that I meant to add to my list is just throw gender out the window. And what I mean by that is, you know, we can't have, • • • • we can't continue to think about this as well. It's middle school boys that are doing this to middle school girls. Okay? Is that more likely to be the thing? Yes. But anybody can do any of these things to anyone, regardless of age, gender, color, sexual orientation, • doesn't matter. Okay. • • Uh, it is an act that can be done by anybody. And we are going to paint ourselves into a corner and have very, very narrow minded thinking about it. If we are looking at it from a gender standpoint as far as who's likely to do what to whom. Okay, Just don't, just don't get trapped by that. • • But instead of • • • just wanting to hurry up and punish somebody so that you can make this strong statement to the school, and trust me, there will be pressure on you from the board and from the parents of the child that, you know, had this happen, or from the staff member and the staff members, friends and whatever. • • • • • • But you need to pump the brakes and thoroughly, thoroughly investigate it. Because think about what happened in New Jersey. It wasn't even him. And so • • especially if it's a teacher that's being accused of, if there's audio out there or if it's images that are posted online and it's like, oh my goodness, I can't believe my teacher would do that. Suspend them, you know, fire them, whatever the case might be • • for a student. Um, you know, • • it's, it's not necessarily real, it's not necessarily what happened. And so, you know, is it appropriate to, appropriate to suspend someone while you're investigating? Yes, • but we just need to be thorough • • and resist the urge and temptation • to want to • • just drop the hammer on the first person that we're pretty sure did the thing. • • Because the whole point of this episode is that it's hard to know and it's hard to be sure about this stuff. Okay? And then the second thing that's a big takeaway I want you to remember • • • is • • to emphasize the mental health support of the victims. And I think that, uh, there's a lot in the literature that I've been reading that often schools do a pretty good job of investigating and consequencing quickly and severely, • but not always do a great job on the. And also they're focused on the reputational damage to the school and not Always great on the support, mental health support and relational support, social, emotional support of the victims. • So those are two things that kept coming up again and again in what I was reading in preparing for this episode. •

So I like to end every episode with a call to action. I would recommend that you share this episode with other leaders at your school or possibly if you have a school counselor. And then I would say to put it on the agenda to discuss, not necessarily with the whole leadership team. Again, some of you, you are the leadership team. You and someone in the office. Larger schools have a bigger team. Whatever the size of your team is, maybe it's you. And you pick a couple veteran teachers and you get in a room and discuss it and come up with a couple of things. But to share the episode • • • with • a few specific people and then to have, ah, a meeting with those people to discuss next steps specifically for you at your school. And remember I said I want to give you that, that free gift about, um, how to • • help protect your school from a lawsuit. And you know, there's some overlap there between what we're talking about today. And so you can get that@the privategaler.com lawsuit. • Another one is Five Strategies to Help you work with difficult parents. • Um, you can grab that@the privateooler.com parents just to give you some free resources to keep you, • • um, you know, going in the right direction. So I know that that was a lot. I know that that was heavy. I know that that was scary. • Um, but the only thing that's worse is to not be, uh, informed. And so, um, I'll take good care of you in the show notes@thepr privatechoolade leader.com Episode 102 • and I just really appreciate you, um, • • you're taking great care of these kids and you're keeping them safe and this is just one step in that direction that you've been going, um, and working hard to ashore. And so, um, I've been your host, Mark Mincus. I appreciate you so much and all your hard work at your school. • Thank you for taking some of your precious time out of your week to join me here today. And I'll see you next time right here on the Private School Leader podcast. And until then, always remember to serve first, lead second and make a difference.