School Liability for Student Cyberbullying

Just like not every instance of teasing or “drama” between children and teenagers is bullying, not every instance of bullying imparts liability on a school or school district. And schools are not liable for the misconduct of students. They are only liable for their own misconduct in responding to harassment.

While most states have anti-bullying laws, these laws do not provide for private causes of action. Thus, lawsuits must be brought under state or federal anti-discrimination laws or as common law tort claims. This means that the victim must be a member of a protected class and the bullying must be based on the student’s membership of that class. Or, in the case of a tort claim, the victim must have suffered physical harm. There are a number of other general requirements that must be met before a school or school district will be held liable.

When Are Schools Liable?

First, school districts will only be liable for bullying that occurs on school grounds or when the victim is in the school’s custody. In addition to school buildings and grounds, schools will be liable for bullying that occurs on the school bus and during extracurricular activities or at school-sponsored events.

In some instances, schools may also be held liable for bullying that occurs over the Internet, or cyberbullying. For example, if the cyberbullying took place over a school computer or laptop, the school or school district may be liable. They may also be liable when the bully uses his or her own device, such as a cell phone, if the harassing messages or postings were done on school grounds.

Recipients of federal funding, such as public school districts. may be liable in monetary damages for deliberate indifference to known instances of harassment based on a protected class, but only for “harassment that is so severe, pervasive, and objectively offensive that it effectively bars the victim’s access to an educational opportunity or benefit.” This usually requires physical harm.

Knowledge Key to Liability

Even where there is physical harm from the bullying, schools and school districts will only be held liable where they had actual or constructive knowledge. Moreover, who must have notice of the harassment varies. In a federal lawsuit, a school district may be liable only if an official with authority to address the bullying and do something about it had actual knowledge.

School Immunity

Finally, school officials and school districts may be immune from a lawsuit. Some states grant school districts and school boards absolute immunity for their employees’ torts. Others grant qualified immunity when employees are performing their discretionary functions as long as they did not act maliciously, in bad faith, or with wanton or reckless disregard.

Case Studies: School Liability for Student Cyberbullying

Case Study 1: School Grounds Cyberbullying

Amy, a high school student, experiences persistent cyberbullying from her classmates through social media platforms. The bullying includes derogatory comments, spreading rumors, and sharing private information. The cyberbullying predominantly occurs during school hours and involves students using school-provided devices.

Amy’s parents consult with a lawyer specializing in school liability for cyberbullying. The lawyer helps them file a lawsuit against the school district, arguing that the school had knowledge of the cyberbullying incidents but failed to take appropriate action to protect Amy.

Case Study 2: Extracurricular Activity Cyberbullying

Jake, a middle school student, faces relentless cyberbullying from a group of students who participate in the same extracurricular activity. The cyberbullying occurs through messaging apps and social media platforms outside of school hours but is directly related to the students’ involvement in the activity. Jake’s parents seek legal advice from an attorney familiar with school liability for cyberbullying.

The attorney assists them in pursuing a legal claim against the school, alleging that the school should be held responsible for the cyberbullying due to its connection to the extracurricular activity.

Case Study 3: School Bus Cyberbullying

Sophia, an elementary school student, endures repeated cyberbullying incidents while riding the school bus. The bullying involves threatening messages and derogatory comments from a group of older students. Sophia’s parents consult with a lawyer specializing in school liability cases.

The lawyer helps them file a complaint against the school district, arguing that the school failed to ensure a safe environment for Sophia during her commute to and from school, leading to her sustained emotional distress.