Frequently Asked Questions About School Bullying

If your child suffered injuries or committed suicide after being bullied at school, you likely have many questions about your rights and legal options. Do you have a question related specifically to a potential bullying lawsuit?

At Grant & Eisenhofer P.A., our attorneys help families take legal action to help hold responsible parties accountable for their children’s damages. We handle cases nationwide, and provide a free initial consultation to discuss your unique situation.

What Constitutes School Bullying?

There are many definitions of school bullying. It differs from state to state. However, school bullying generally includes physical, verbal or psychological actions by a student to harass, threaten or harm another student. In addition, to be considered bullying behavior, it must encompass aggression, repetition and an imbalance of power.

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Is Bullying Harassment?

No, bullying and harassment are different. Though there are similarities between the behaviors, such as an imbalance of power, there are also important differences. Bullying behavior can become discriminatory harassment when it is based on an individual’s race, gender, color, religion, national origin, sexual orientation or other protected status.

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What Is the Difference Between Direct and Indirect Bullying?

“Direct bullying” and “indirect bullying” refer to the method of bullying behavior. Direct bullying is typically overt. It occurs between the bully and the victim, and the victim knows the bullying is occurring. Indirect bullying, however, may include anonymity and actions meant to cause psychological harm.

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Are Schools Liable for Bullying?

Schools have a legal duty to protect students from known harm, including bullying. In some cases, schools may be liable for ongoing bullying. School officials must take reasonable action to prevent bullying when they are aware that it is occurring or might occur.

If you believe that your child’s school may be liable for your child’s damages from bullying, speak to an experienced school bullying attorney about your situation.

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What Is Cyberbullying?

Cyberbullying is a type of bullying that takes place through the use of technology, such as computers or cell phones. The definition of cyberbullying differs from state to state. However, it generally encompasses electronic devices, intent, repetition and harm.

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What Are Some Common Types of Cyberbullying?

There are many types of cyberbullying, including:

  • Harassment. Harassment is unwelcome behavior meant to embarrass, threaten or hurt a victim. In some cases, it may become discriminatory.
  • Masquerading. Masquerading occurs when a bully assumes a fake identity and anonymously harasses a victim.
  • Exclusion. Exclusion involves actions or behaviors meant to make a victim feel excluded, isolated and/or inferior.
  • Outing. Outing occurs when a bully shares private information about a victim publicly.

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What Are the Top Warning Signs of Cyberbullying?

Some of the top warning signs of cyberbullying include:

  • Your child is afraid to go to school.
  • Your child acts nervous and/or secretive about his or her digital life.
  • Your child has experienced abrupt physical and psychological changes.

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Can You Sue for Cyberbullying?

Suing for cyberbullying depends on the circumstances surrounding your child’s situation. You may have legal options to sue for cyberbullying under current federal laws, state laws or school policies. It is important to speak to a cyberbullying attorney to discuss your unique situation. An attorney can help you understand whether you have a viable cyberbullying claim and determine your next steps.

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Want to Know if You Have a Valid School Bullying Claim?

Contact the attorneys at Grant & Eisenhofer if your child sustained emotional or physical injuries or died as a result of bullying at school. Call (855) 244-2031 to discuss your potential claim. You can also fill out our online contact form. We offer free consultations.