Cyberbullying is an emerging area of the law that continues to develop and, for that reason, there is not a simple answer to your question.  While bullying has been a problem in schools for a very long time, cyberbullying has developed in recent years with the rapid expansion of technology.  

 

     Schools have a duty to ensure that students are safe while on school grounds. This includes making sure that students are not bullied physically, verbally or via the internet. 

 

     Thirty-seven states, including Oklahoma, have passed legislation mandating that schools implement anti-bullying rules. In passing the School Bullying Prevention Act, the Oklahoma legislature noted that 60% of males who were bullies in middle school were convicted of at least one crime as an adult.

 

     The Oklahoma Bullying Prevention Act includes a prohibition against bullying via “electronic communication.” An “electronic communication” is the communication of any written, verbal, or pictorial information by means of an electronic device, including, but not limited to, a telephone, a cellular telephone or other wireless telecommunication device, or a computer. Such actions could include threatening comments on a social media page, such as Facebook or MySpace. 

 

     Courts are just beginning to address the legal issues surrounding cyberbullying.  For example, if a threatening comment is posted on a social media page from home, may a student be disciplined at school? Recent cases indicate at least in some circumstances students may be punished at school for threatening comments made on social media pages. While many of these cases consisted of extreme threats, such as threatening physical harm on many students or a class on a specific day, it is unclear how the law will develop in all cases. 

 

     Schools must balance a student’s right to free speech with the safety of its student body. In short, the school must act in a reasonable and prudent manner in light of the circumstances. 

 

     Bullying, in any form, should be addressed as soon as the behavior presents itself. If your child is engaging in behavior you feel may qualify as bullying, you should take immediate steps to curb such behavior. If your child is the object of bullying, you should contact school officials, and perhaps law enforcement officials. If you have a question about possible legal remedies against bullying, contact an attorney.