A few families have successfully sued schools for failing to protect their children from bullies. But when the Beverly Vista School in Beverly Hills, Calif., disciplined Evan S. Cohen's eighth-grade daughter for cyberbullying, he took on the school district.
After school one day in May 2008, Cohen's daughter, known in court papers as J. C., videotaped friends at a cafe, egging them on as they laughed and made mean-spirited, sexual comments about another eighth-grade girl, C. C., calling her "ugly," "spoiled," a "brat" and a "slut." J. C. posted the video on YouTube. The next day, the school suspended her for two days.
"What incensed me," said Cohen, a music industry lawyer in Los Angeles, "was that these people were going to
suspend my daughter for something that happened outside of school." On behalf of his daughter, he sued.
Judge Wilson ruled in favor of the young videographer, because the disruption was only minimal: administrators dealt with the matter quietly and before lunch recess.
The court overturned the suspension, but crafted a balance between a school's authority and a student's freedom of expression. When a student's speech interferes substantially with the school's educational mission, a school can impose discipline.
The district had to pay J. C.'s costs and lawyers' fees:
$107,150.80.
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Online bullies pull schools into the fray