Is Bullying Legal? What About Cyberbullying?

Is Bullying Legal? What About Cyberbullying?

If there’s anything we’ve learned through Regina George or Draco Malfoy is that nobody is a fan of the bullying character. The general consensus is that bullying is a bad thing. The behaviors that are considered to be bullying change constantly and it’s difficult to be certain of what happens when bullying is occurring.

What is as bullying? Is it a violation of the law or an issue you are slapped with because of at school? How about cyberbullying and other events that happen off campus?

What you should know.

What is bullying?

It is the verbal, physical or mental actions performed by students to intimidate or intimidate hurt to another person. The majority of bullies rely upon an imbalance of control to gain their desired results. From name-calling, to physical assaults can fall under into the category of “bullying. States have distinct “anti-bullying legislation,” but almost all have passed law that requires districts and schools to establish rules and guidelines to prevent, investigate and resolution of allegations of bullying within the school.

Federal laws on equal protection may apply when bullying is caused by the race, ethnicity or national origin, sexual orientation disabilities, religion, or disability. Local and state laws can be applicable to sexual orientation and gender-based expression. Districts, schools, and school officials who are not able to protect all students equally are at risk of violating lawful requirements of the 14th Amendment and Title IX of the Civil Rights Act.

In order to establish if bullying is a problem in schools, they must usually demonstrate that the student:

  • Inflicted harm or harassment on another student
  • Participated in acts of bullies at school or during an event sponsored by the school
  • Infringed on or disrupted the education of the student

What is the problem with Cyberbullying?

Cyberbullying refers to the use of electronic devices, including smartphones and computers in order to harass, harm, intimidateor humiliate an individual student. Cyberbullying has become among the most prevalent types of bullying, likely due to the popularity in social media. Schools don’t have to show that the actions occurred at school, however, they have to prove that the cyberbullying impacted schools or caused disruption to the learning procedure. Therefore, even if you text an SMS from your home to a student it could be a violation of cyberbullying rules.

Find out more about cyberbullying and bullying in this comic by FindLaw in the following:

What is the definition of bullying?

If it doesn’t include unlawful acts, it’s likely to be a violation of the school’s code of conduct for students. The punishment could include suspension or the most severe case the expulsion.

It is possible to commit an offense if it involves actions that constitute crimes against the law in your state. As an example, bullying that involves threats, harassment, theft, physical violence, or hazing could result in minor criminal charges. If there are certain “aggravating elements” are present, bullying could be considered a crime, so the penalties of a conviction may include jail time. Some examples of aggravating circumstances comprise:

  • The perpetrator’s lack of regret regarding the bullying
  • The extent of the harm done by bullying to victims
  • Motives behind bullies

Certain states consider cyberbullying as a violation of stalking or harassment law. Since more and more bullying occurs through social media and electronic devices, many states are responding with laws that specifically target towards cyberbullying. Students who break these rules could be subject to disciplinary actions at school as well as the criminal justice system. While social exclusion or other threatening behavior might not be considered the definition of bullying, more explicit actions might be considered to be.

Children whose bullying involves actions that violate legal requirements are probably to be committing an offence and are adjudicated by the juvenile court.

How can I stop Bullying Behaviour?

Legislators and school officials across the nation continue to try in order to recognize and combat the issue of bullying. However, it’s not easy and preventing bullying will be an ongoing battle.

There’s a good chance that there won’t ever be a society without bullying. It’s good to show kindness and sure, you are able to be in our shoes. It is also possible to notify your school when you see the bullying. It is also possible to seek help in the event that you’re the subject of the bullying.

There is no need to resolve this on your own – Seek the help of a lawyer

An appointment with a lawyer will aid you in understanding your options and help you defend your rights. Check out our directory of attorneys to locate a lawyer close to you that can assist.

The act of bullying another child could violate federal or state laws. FindLaw analyzes this difficult issue that affects parents, students as well as educators.