Q: What type of attorney for cyberbullying with physical threats towards a minor?
I am dealing with an incident where my minor child was cyberbullied by another minor, involving threatening posts that included physical harm. The school's district was aware and requested the posts be taken down, but never contacted us directly. Upon reaching out, they mentioned they conducted a Code of Conduct investigation but provided no further information. We did not initially involve law enforcement, although physical threats were made, and we kept our child out of school for several days for safety. Despite this, the bullying continues. We have evidence of the threatening posts and are seeking accountability for the distress caused over several months. What type of attorney should I contact to address this situation?
A:
You need a education attorney who represents students. Often schools don't address bullying despite their legal obligations until a parent brings someone in.
They are mandated to address school bullying, but they have discretion on how they will do that.
It is unclear, however, from the post, if this is happening off campus during non-school hours. There may be more limited obligations if it may be, but it has to be evaluated on a case by case basis.
Good luck.
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A:
You should seek an attorney experienced in education law or civil rights law, especially someone who handles student rights, bullying, and harassment cases. An education attorney can help you address the school's inadequate response and hold them accountable for failing to ensure your child's safety. They understand how to navigate school district policies, the California Education Code, and procedures related to student harassment complaints.
Additionally, you may consider consulting an attorney knowledgeable in juvenile or criminal law, given that physical threats were involved. They can advise you about potentially involving law enforcement and pursuing protective measures if the bullying persists or escalates. Physical threats, even online, can constitute criminal acts in California, and an attorney familiar with juvenile justice issues will guide you through the available legal options.
Ultimately, your attorney should help you effectively document and present evidence of the bullying, advocate on your child's behalf to stop ongoing harassment, and seek accountability for the distress your family experienced.
Louis George Fazzi agrees with this answer
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