# Girlfriend's kid in real trouble! Or is he?



## caruso (Sep 23, 2016)

Back story. 

With my girlfriend 5 years now, live with her and her teenage son.

So he gets in a fight with a kid in school who is a bully and rather than fight back physically he enlists the help of a computer geek to "take down the bullies Minecraft server by staging a "DDOS" attack on the server which is a hacking method used to overload and crash the target computer. If you search on DDOS Minecraft serve you can see it's a common practice when someone gets PO'd at someone who they feel wronged them in some way during the game. 

Some other kid overhears the plan, or they tell him (its not clear how it happened), and he's friends with the bully or he wants to score points with the bully so he tells him. The bully reports my girlfriends son to the dean who hauls him to the office. He admits it and now he's suspended for 1-2 days and they are launching a criminal investigation because what they told my girlfriend during a meeting last week is that it's a FEDERAL OFFENSE.

He could be in big trouble. Or are they just scaring him?

My girlfriend is freaking out and he's a mess. He's a good kid, just trying to use technology to get one over on a mean kid and this is what happens.


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## Hope1964 (Sep 26, 2011)

I highly doubt the feds waste time on such nonsense.

What do I know though - I'm from Canada


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## 225985 (Dec 29, 2015)

Did he do it or just plan it? If he did not actually do anything, and nothing was done on school grounds, get the suspension removed since it was not related to school.


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## Ceegee (Sep 9, 2012)

Hope1964 said:


> I highly doubt the feds waste time on such nonsense.
> 
> What do I know though - I'm from Canada



Agreed.

Plus, it was only talking about it. It never even happened.


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## caruso (Sep 23, 2016)

He says he didn't do it, the kid he asked to do said the same.

But no one believes them until its proven to be so because they have every reason to lie.

We'll find out eventually, supposedly the ISP is being contacted to check logs.


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## naiveonedave (Jan 9, 2014)

blueinbr said:


> Did he do it or just plan it? If he did not actually do anything, and nothing was done on school grounds, get the suspension removed since it was not related to school.


Also, if his target is a real bully, your GF needs to have some serious discussions with the principal about right and wrong (i.e., go after the bad guy, not the kid trying to stand up for himself). If the bully actually punched her kid or even created a threatening environment, she should talk to a lawyer and consider telling the principal that though she doesn't want to involve a lawyer, the principal is forcing her hand..


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## Hope1964 (Sep 26, 2011)

I've always thought it was 'innocent until proven guilty', not the other way around.


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## Lila (May 30, 2014)

This is absolutely a big deal. The feds are cracking down on hackers harder than on violent criminals. This case below is a shining example of it.

Hacker who called attention to Ohio rape case is charged | Daily Mail Online

The hacker exposed the cover up of a rape at a high school. The teens who committed the crime got 1 and 2 years respectively (served half that time and have since been released). The hacker is looking at 16 years in federal penitentiary.

Get a lawyer on this ASAP.


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## Fozzy (Jul 20, 2013)

I have my doubts about whether they'd send him to Shawshank for DDOS'ing a minecraft server, but the fact that they're even making the threats leaves little option. Lawyer up.


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## caruso (Sep 23, 2016)

Its definitely a big deal, she's already contacted a few lawyers things are still very preliminary, I was just wondering if anyone had experience or knowledge so we have an idea of what to expect.

The school isn't treating it lightly so those who say "The Feds don't care" really aren't helpful because it's simply not true.

The school knows this kid's a bully he's been suspended numerous times.


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## jb02157 (Apr 16, 2014)

Attacking a game server a Federal Offense. No way. The bully is just trying to scare the hell out of him. The OP's son should have hired someone to beat the hell out of the bully. I don't know why the school has decided to become involved in this, it happened off school property over something that is not school related. Your girlfriend should take the school to court over this. They should not be able to suspend someone over an incident that happen outside school hours outside school property. I remember when I was in high school, some ******* was beating up kids at the bus stops. The school said that the parents of the kids who were getting beaten up had to take it up with the cops since it occurred off school property outside school hours.


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## caruso (Sep 23, 2016)

According to the lawyer she spoke to, the principal -at least in our district- has the authority to suspend anyone for anything for up to 5 days without being challenged.

The fact that they gave him 1-2 days shows the school does take it seriously.


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## wilson (Nov 5, 2012)

You said the dean talked to him. Is this a private school? If so, they can kick him out for a variety of reasons. This might fall under a morality clause. 

I wouldn't think a public school could kick him out or really do a lot. Kids talk about a lot of things. Unless they have proof that he was really serious, like downloading DDOS tools and plans or paying a hacker, it can easily be explained as teenage bluster. 

Does anyone find it ironic that the bully who physically assaulted him in the first place seems to be getting off scott-free?


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## caruso (Sep 23, 2016)

It's a public school.

I too was unaware they had a dean thought that was for private schools and colleges.

My GF said he's a tough muscular guy with tattoos not all that bright, who works with all the problem kids. He had no clue what a DDOS even was just that it was "bad" and "illegal". The principal didn't know much more than he did.


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## MattMatt (May 19, 2012)

Set these dudes on the principal, the dean, the school, the school district and the city council:- https://www.aclu.org/contact-us


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## snerg (Apr 10, 2013)

caruso said:


> Its definitely a big deal, she's already contacted a few lawyers things are still very preliminary, I was just wondering if anyone had experience or knowledge so we have an idea of what to expect.
> 
> The school isn't treating it lightly so those who say "The Feds don't care" really aren't helpful because it's simply not true.
> 
> The school knows this kid's a bully he's been suspended numerous times.


Schools have 0 (zero) tolerance to anything.

First - lawyers now. 
Merely talking about doing a DDOS isn't necessarily criminal. However, it more than likely is an issue with school acceptable behavior

Second - You need to work to get the suspension removed from his record. Lawyers can help with this

third - why the suspension and no counseling involved? Lawyers can help here

fourth - Bullying - why has the school not stepped in to to stop it? Lawyers will help here.

Fifth - Why wasn't his mother present when he was questioned about crime? A parent or guardian has to be present. Parent or guardian not there, they can be bullied into admitting anything. Lawyer will help here.

Zero tolerance schools look good on paper, but fail in reality because they trample the "guilty" party.
I see a lot to be concerned, not a lot to worry about (that is you can't change what's happened so don't waste time worrying about what if's at this point)
Find a lawyer that deals with school issues and have them ride a motorcycle of nightmares up the school's backside

Also for the future, if the kid is pulled into the office again and questioned about a potential crime - tell him to shut his mouth and request that a parent be present. no matter what pressure they push down. Make uree he tells you or his mom if they gave him the riot act before he was able to call either of you. In crime related issues, school's have to deal with parent and child


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## EleGirl (Dec 3, 2011)

caruso said:


> He says he didn't do it, the kid he asked to do said the same.
> 
> But no one believes them until its proven to be so because they have every reason to lie.
> 
> We'll find out eventually, supposedly the ISP is being contacted to check logs.


How old is her son?

It seems to me that a person is innoccent until proven guilty. Can the bully prove that his system was crashed from an outside source?

You girlfriend might want to get a lawyer for her kid. If nothing happened and it was all talk, then someone needs to fight for this kid. And even if he did it, he needs support on his side.


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## caruso (Sep 23, 2016)

He's 13. It appears that no further action is going to be taken by the school.


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## 5Creed (May 29, 2011)

He is just 13. Just wow. I hope the school will now get involved with the bullying. Your girlfriend's son should be protected from him while also learning what to say or do with a kid like that.


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## MattMatt (May 19, 2012)

caruso said:


> He's 13. It appears that no further action is going to be taken by the school.


And they'll ignore the bullying too, huh?

Boy! That Dean! He sure knows how to run a school, huh?


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## caruso (Sep 23, 2016)

When my GF spoke to them about the bullying they gave each other "knowing glances" because they are aware this kid is trouble. 

They refused to speak about if and when and how they will deal with him.

He's still in school, at least this week. Like I said he's been suspended numerous times before.


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## naiveonedave (Jan 9, 2014)

caruso said:


> *They refused to speak about if and when and how they will deal with him.*
> 
> He's still in school, at least this week. Like I said he's been suspended numerous times before.


The bolded s is not acceptable.

It sounds like the GF's boy needs some help. Suspended >once is a big issue.


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## arbitrator (Feb 13, 2012)

*The DOJ has little resources, manpower, and public perception to go after a 13 year old on a federal statute!

While he may have violated the spirit of the federal or state statutes regarding "wiretapping," neither the Feds nor the State's would have the stomach to go after him unless his crime was one of a more prolific nature!

In my minds eye, the school and its Dean may actually have much more to lose here because neither really seemed interested in protecting the young man from being bullied!

In any event, I'd have legal counsel appointed for the young man! It certainly couldn't hurt!*
_Posted via Mobile Device_


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## imtamnew (May 13, 2013)

Is the Dean related to the bully? Maybe friends with the family or something close like that?


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## caruso (Sep 23, 2016)

imtamnew said:


> Is the Dean related to the bully? Maybe friends with the family or something close like that?


I have no reason to believe that to be the case. 

The kid has been suspended multiple times, so the school has taken action. I'm guessing they just don't know how to handle a kid with such serious issues.


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## naiveonedave (Jan 9, 2014)

caruso said:


> I have no reason to believe that to be the case.
> 
> The kid has been suspended multiple times, so the school has taken action. I'm guessing they just don't know how to handle a kid with such serious issues.


every school system has a way to get this kid out, if he is that bad. It may be painful or they don't want to send the kid into the system, as they know he probably won't ever come out, but they need to do their jobs.


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## soccermom2three (Jan 4, 2013)

My experience with school administrators has taught me when there are any issues they immediately go into "cover my ass" mode. The students are of their least concern. You are guilty with no chance to prove your innocent. It's all about which parent is making the biggest fuss and shutting them up. 

Snerg had great advice about telling your child if they get sent to the principals office that they are not allowed to answer any questions without a parent present. We have told our son the same thing. Long story but our principal is incompetent, I wish she would retire.


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## Hicks (Jan 14, 2011)

Read the student handbook.
In there you may find information about the process for dealing with bullying.


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## Chris Taylor (Jul 22, 2010)

caruso said:


> They refused to speak about if and when and how they will deal with him.


Ask them if they'd prefer to speak to the local news media instead. The media loves covering these "school did nothing about bully" stories.


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## caruso (Sep 23, 2016)

@snerg

I shared the good advice provided by @snerg for him not to speak to any school personnel going forward without a parent being present. 

She's going to tell him exactly that.


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## WonkyNinja (Feb 28, 2013)

wilson said:


> Does anyone find it ironic that the bully who physically assaulted him in the first place seems to be getting off scott-free?


Unfortunately no. If they have proof that the GF son intended to try a DDOS attack but no proof that the other kid physically bullied him then they can only take action against the GF son. It sounds like they know the other kid is a bully but they can only take action against him with proof.

I agree that it's unfair.


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## caruso (Sep 23, 2016)

All the bully did in this case was throw a container of milk.

He's been suspended multiple times he's not getting off scott free although in this case my GFs kid was the bad guy because of his scheming.


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