The rise of social media and online communication has made cyberbullying a growing concern in California schools. Many students and parents don’t realize that online harassment—even outside of school hours—can lead to serious disciplinary action, including suspension or expulsion.
If you or your child is facing school penalties for alleged cyberbullying, it’s important to understand California’s laws, school policies, and legal defenses. Here’s what you need to know.
What Is Considered Cyberbullying in California?
Under California Education Code Section 48900(r), cyberbullying is defined as the use of electronic communication to harass, intimidate, threaten, or harm another student. This includes:
- Sending threatening or mean messages via text, email, or social media
- Posting rumors or false information online to damage someone’s reputation
- Creating fake social media accounts to impersonate or humiliate someone
- Sharing embarrassing photos or private information without consent
- Encouraging others to harm themselves or commit acts of violence
If the behavior disrupts a student’s ability to feel safe at school, it can be considered bullying under California law—even if it happened off-campus.
Can a Student Be Suspended for Cyberbullying?
Yes. Schools in California have the authority to suspend or expel students for cyberbullying-related offenses, even if the conduct took place outside of school hours.
Under Education Code Section 48900, a student can face disciplinary action if their online behavior:
- Substantially disrupts the school environment
- Threatens the safety of students or staff
- Creates a hostile educational atmosphere
If a school determines that cyberbullying has occurred, the student may face:
- Suspension (up to 5 days)
- Expulsion for severe cases
- Loss of privileges (such as participating in school activities or sports)
- A requirement to attend counseling or intervention programs
How Do Schools Investigate Cyberbullying?
When cyberbullying allegations arise, schools often conduct their own investigations. This may include:
- Reviewing text messages, emails, or social media posts
- Interviewing witnesses, teachers, or other students
- Examining screenshots or digital evidence
However, disciplinary decisions can be subjective and sometimes unfairly applied. If a student is facing suspension or expulsion, it’s important to have a strong defense.
Legal Defenses Against Cyberbullying Allegations
If you or your child has been accused of cyberbullying, a criminal defense attorney can help fight for a fair outcome. Possible defenses include:
1. Lack of Intent to Harm
Not all online conflicts or jokes qualify as cyberbullying. If there was no intent to harass or intimidate, the school may not have grounds for suspension.
2. False Accusations or Misidentification
Social media accounts can be hacked, impersonated, or faked. If the student did not send the messages or make the posts, evidence must be provided to prove their involvement.
3. Violation of Free Speech Rights
Not all online speech is punishable by schools. If the communication was not threatening or disruptive, punishing a student for expressing an opinion may violate First Amendment rights.
4. The Behavior Did Not Affect the School Environment
Schools only have authority to discipline students for off-campus behavior if it directly impacts the learning environment. If the alleged cyberbullying occurred in a private setting with no school connection, suspension may not be justified.
What to Do If Your Child Is Facing Suspension for Cyberbullying
If a school is threatening suspension or expulsion for cyberbullying, don’t wait to take action. A disciplinary record can have long-term consequences, including affecting college applications and future opportunities.
At Law Office of Michael L. Fell, we defend students against unfair cyberbullying accusations and fight to protect their educational future. Contact us at (949) 585-9055 for a confidential consultation and let us help you navigate this difficult situation.