What is the Legal Definition of Bullying

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When one thinks of bullying, schoolchildren and their, sometimes abusive, behavior often comes to mind. Their is no real debate about the effects of bullying on both the bully and the victim. However, what is never really considered is the effect bullying has on the law. The New Oxford American Dictionary (Stevenson & Lindberg, 2010) defines ‘bullying’ as “[the] use [of] superior strength or influence to intimidate (someone), typically to force him or her to do what one wants.” This will be the definition used as there is no legal definition of bullying. The fact that there is no federal legal definition of bullying can be dangerous, because “[f]ailing to provide clear definitions of bullying…can lead to inconsistent approaches among school personnel to identification and enforcement” (Stuart-Cassel, Bell & Springer, 2010, p. 23). However, even without a legal definition, “all but one state has now enacted harsher anti-bullying laws with zero tolerance policies in school districts” (Garby, 2013, p. 448). Even though forty-nine states have created anti-bullying laws, there is no consensus. In fact, “fourteen states actually restrict legal definitions of bullying to actions that are persistent, pervasive, or repeated over time; and no states explicitly require that behavior involve an imbalance of power to be legally defined as bullying” (Stuart-Cassel, Bell & Springer, 2010, pp. 25-26). However, as time goes by, everything evolves, and bullying is no exception. With the advent of computers and, perhaps even more importantly, the internet, bullying has evolved into something termed ‘cyberbullying.’ However, with all of this new legislation being created, one question begs to be answered; who will be held liable for acts of b...

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