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Can Your Child Get Expelled For Cyberbullying In California?
The answer to the question outlined above is “Yes.” But, the facts and legal procedures underlying this are far more complicated than that answer suggests.
Going over how and why your child can get expelled for cyberbullying in California and speaking with a California juvenile criminal defense attorney at the Law Office of Katie Walsh, who can defend them, will allow your child to remain in school.
What Is Cyberbullying?
The definition of “cyberbullying” is as follows: when an individual uses a computer, cell phone, or other electronic device to inflict harm, demean, or cause pain to another individual.
Just as an example, if a student uses Instagram to send demeaning messages and nasty comments to another student, then that would be considered cyberbullying.
On its own, cyberbullying is not, specifically, illegal within the state of California. But, there are two crimes that can be, and often are, considered cyberbullying in the state of California:
- If someone intentionally places another person in reasonable fear for their safety, or the safety of their family, using a method – or methods, for that matter – of electronic communication, then they can be charged with a crime.
- If someone electronically distributes, publishes, emails, or makes available someone else’s personal information with the intent of harassing that person or inciting/producing an unlawful action, then they can be charged with a crime in the state of California.
Every single one of these crimes is rooted in illegal electronic conduct and harassment, the latter of which is defined as a knowing and willful course of conduct directed at a specific person for no legitimate purpose.
Can Your Child Get Expelled For Cyberbullying In California?
If your child is accused of cyberbullying, and if there appears to be merit to this accusation, then they can be suspended or expelled from their school.
Even though the above is true, your child can only be expelled from cyberbullying if at least one of the following conditions is met:
- The cyberbullying occurred while going to, or coming from, school.
- The cyberbullying occurred on school grounds.
- The cyberbullying during the school lunch period.
- The cyberbullying while going to, or coming from, a school-sponsored activity.
If any one of the conditions is met, then your student can be expelled for cyberbullying. But, in order for that to occur, the cyberbullying they have been accused of must meet one of these conditions:
- The cyberbullying caused the victim to experience substantial interference with their academic performance.
- The cyberbullying caused the victim to experience substantial interference with the school activities, services, and privileges they enjoy/partake in.
- The cyberbullying caused the victim to experience substantial interference with regard to their physical and mental health.
- The cyberbullying placed the victim in a state of fear due to the potential for harm regarding themselves or their property.
Just as an example, if an act of cyberbullying caused a student’s academic performance to weaken, then the student who instigated this cyberbullying could be expelled from the school they are currently enrolled at.
Speak With An Orange County Juvenile Criminal Defense Lawyer Today
Your child is entitled to a hearing that must occur before they are officially expelled. During this hearing, your child can, with the help of their lawyer, demonstrate and protect their innocence.
Speak with an Orange County juvenile criminal defense lawyer at the Law Office of Katie Walsh today, and we will assist your child in obtaining the best possible legal outcome.
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