In today’s digital world, bullying is no longer confined to schoolyards or playgrounds. With the rise of social media, online gaming, and messaging apps, students can be harassed and threatened from the comfort of their own homes—or worse, 24/7. This kind of bullying, often referred to as cyberbullying, can be just as harmful, if not more so, than traditional bullying. And when it happens at school, it raises important questions: Should you handle it internally with school officials, or is it time to get legal help?
At Jasmine Law Firm, we know how important it is for parents and students to understand when online bullying crosses the line into something more serious—and when it’s time to involve a lawyer. In this blog, we’ll walk you through how to determine whether the bullying your child is experiencing is something that can be addressed by school officials or whether it’s time to reach out to an attorney for guidance.
What Is Online Bullying?
Online bullying happens when someone uses technology—social media, texting, instant messaging, or gaming platforms—to harass, threaten, or humiliate another person. This can involve spreading false rumors, sending hurtful messages, or even sharing embarrassing photos or videos without consent. In schools, cyberbullying often takes place outside of school hours but can spill over into school life, affecting a student’s emotional and academic well-being.
The impact of online bullying can be devastating, leading to anxiety, depression, and a decline in school performance. It’s crucial for both parents and students to recognize when these actions are simply hurtful words or behavior and when they cross the legal line.
When Should You Handle Online Bullying Internally (With the School)?
In many cases, schools are equipped to address bullying issues, especially if they occur during school hours or impact the school environment. If the bullying is happening through social media or online platforms outside of school hours but still affects your child’s well-being at school, it’s generally appropriate to start by addressing the issue with school administrators.
Here are a few things to keep in mind when considering whether to handle the bullying with the school:
- The Bullying is Affecting School Performance or Safety: If the bullying, whether online or offline, is impacting your child’s ability to participate in school, impacting their academic performance, or making them feel unsafe, it’s a good idea to bring it to the attention of school staff. Schools have a responsibility to provide a safe learning environment, and they may be able to intervene by investigating the incident, meeting with the student(s) involved, and even providing counseling or support to the affected student.
- The Bullying is Not Severe, But Still Concerning: If the bullying involves name-calling, rumors, or hurtful messages that don’t rise to the level of criminal behavior, but is still significantly impacting your child’s emotional health, the school may be able to help. Many schools have anti-bullying policies that include specific steps for addressing online harassment. A teacher, counselor, or principal may be able to mediate the situation and guide the students involved toward resolving the issue.
- The School Has a Clear Anti-Bullying Policy: Most schools today have clear policies on bullying and harassment, including guidelines for how to handle cyberbullying. If your child’s school has an effective anti-bullying protocol in place, it’s often a good first step to work through that process before pursuing legal action.
When Is It Time to Call an Attorney?
While schools do have a responsibility to address bullying, there are situations where the issue may be more complex or severe, and it’s time to consult an attorney. Here’s when to consider legal help:
- The Bullying Involves Criminal Behavior: If the bullying involves threats of violence, sexual harassment, or other criminal activity (such as hacking, stalking, or creating and distributing explicit content), it’s time to get a lawyer involved. These behaviors are against the law and can have serious consequences. An attorney can help you understand your legal rights and whether pursuing a criminal investigation or civil lawsuit is appropriate.
- The School Is Not Taking Action: If you’ve reported the bullying to the school, and they are either dismissing your concerns or not taking appropriate action to protect your child, it may be time to seek legal guidance. Schools are legally required to investigate reports of bullying and take steps to ensure students are not being harassed. If the school fails to fulfill this responsibility, an attorney can help you hold them accountable.
- Your Child Is in Immediate Danger: If your child is in immediate physical or emotional danger as a result of online bullying—such as threats of harm or a constant barrage of harmful online messages—it’s important to act quickly. An attorney can help you understand your options, including potential restraining orders, contacting law enforcement, and taking other legal steps to protect your child.
- You’re Looking for Legal Remedies: If the bullying has caused lasting emotional or financial harm, you may want to consider seeking damages. In some cases, victims of bullying may be entitled to compensation for medical treatment, therapy, lost educational opportunities, or other damages related to the bullying. A personal injury lawyer specializing in harassment and bullying cases can guide you through this process.
When Does Online Bullying Cross the Legal Line?
Not all bullying is illegal, but there are certain behaviors that clearly violate the law. If you suspect that the online bullying your child is experiencing is illegal, here are some key red flags to watch for:
- Threatening or Harassing Messages: Any message or communication that threatens harm to your child, whether physical or emotional, could be a violation of criminal law, particularly under laws related to harassment or stalking.
- Impersonation or Identity Theft: If someone is impersonating your child online or using their personal information without consent, that may be a violation of privacy or identity theft laws.
- Sharing Explicit Material: Distributing sexually explicit material or intimate photos without consent is a serious crime that can have severe legal consequences.
- Hate Speech or Discrimination: Bullying based on race, gender, sexual orientation, or disability could also involve violations of civil rights laws, in addition to anti-bullying laws.
How Jasmine Law Firm Can Help
If your child is a victim of online bullying that has crossed into criminal behavior, or if the school is not taking the necessary steps to keep your child safe, Jasmine Law Firm is here to help. Our experienced attorneys can provide guidance on your legal options and work with you to ensure that your child is protected—whether that means pursuing legal action against the perpetrators or holding the school accountable for failing to intervene.
If you’re unsure whether legal action is necessary, we offer free consultations to help you better understand your options and your rights.
