Legal Question in Technology Law in New York

I am wondering what my legal rights are regarding a girl who is bullying my son at school. She took a picture of him at school on her cell phone (at this school the rule is the kids must hand in all electronic devices in the morning and they get them back at the end of the day and she didn't hand her phone in) and posted it on her facebook account and told the other kids to check it out so when they all got on the bus they were checking it out on their phones (I don't even allow my son to have a facebook account because kids abuse facebook for things just like this). So one bully turned into four or five kids bullying him. I am wondering what are my rights as far as her posting his picture without consent and also how does this all work since she is a minor herself? How would this be presented in court? I don't really want to sue her family for money but I want this girl to understand that bullying is not OK and that when you do it there are heavy consequences; I am wondering if asking a judge to mandate her to counseling would be appropriate (because obviously with the bullier there are mentally and emotional things going on inside)? My son is also not the only person she bullies. I don't know if I am blowing this up bigger than what it needs to be by wanting to bring her to court, but for any parent out there you know when your child's feelings get hurt your feelings also get hurt. But I do want her to receive strong consequences for this. My meeting with the school is tomorrow and it is very possible that this girl is going to be expelled as I spoke with the principal this evening and I still don't feel like that is enough. Any advise or information provided would be greatly appreciated.


Asked on 2/09/11, 6:38 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Legally, you must place both the school and the bully's parents on notice. Generally, and depending on the age of the child, the school should take an active role in solving this problem.

Mike.

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Answered on 2/10/11, 9:08 am


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