School bullies could face criminal charges under Ohio bill

COLUMBUS - School bullies who repeatedly torment their victims would face criminal charges under a new proposal from a Democratic lawmaker.

Bullying can lead to violence, retaliation and even suicide, said Sen. Sandra Williams, D-Cleveland, who said she recently intervened when a relative was repeatedly bullied at school. One of the bullies was suspended only after threatening a teacher, she said.  

An 8-year-old boy felt so terrorized by bullies that he committed suicide in January, according to a lawsuit his parents filed against Cincinnati Public Schools. A 13-year-old student at Fairfield Middle School fatally shot herself in 2014 after bullies transformed her school into an abusive battleground.  A mother worries that bullying on Kings High School's cheerleading squad prompted her daughter's attempted suicide. In these cases, school officials denied bullying was a factor. 

Williams' bill would make bullying a crime. If passed, Ohio would rank among the toughest states on anti-bullying efforts. While all states define bullying, few take the extra step of criminalizing it. 

Her proposal would create a criminal charge, aggravated bullying, which police could use if students repeatedly threaten their peers with serious physical or emotional harm. If passed, children could face a third-degree misdemeanor for the offense.

But Williams proposed several steps before children would face criminal charges. For a first violation, the child would receive a warning. After that, the student would receive peer mediation, a parent meeting, in-school suspension and out-of-school suspension.

After the sixth violation, a student could be charged with aggravated bullying. In juvenile court, those younger than 18 could face house arrest, juvenile detention and a $150 fine, depending what a judge decides. Those 18 years and older could face up to 60 days in jail and a $150 fine. 

"The purpose of this bill is not to criminalize individuals but to form a deterrent and make sure they understand the seriousness of bullying," said Williams, who explained the proposal to fellow senators in committee Tuesday. 

Ohio law already prohibits harassment, intimidation and assault – in person or electronically. Ohio also has policies schools can duplicate on how to prevent bullying. But those laws prohibit only threats of physical harm and do not address emotional harm, Williams said.

Efforts to crack down on cyberbullying in other states have been met with lawsuits. The North Carolina Supreme Court struck down the state's law banning cyberbullying, saying it violated the First Amendment.

For now, the bill addresses just children, but she has received calls to add penalties for adult bullies too, Williams told The Enquirer. There is no restriction in the bill against charging young children, such as a 7-year-old. 

During the hearing, Sen. Bill Coley, R-Liberty Township, expressed concern that educators aren't properly punished if bullying occurs on their watch. Williams agreed that can happen.

Williams is a Democrat in the GOP-controlled state Senate and the bills' sole sponsor. It's not clear how much support her plans will have going forward.