Maybe, maybe not.
It’s irrelevant because that’s not what happened.
I get what you’re saying, but I find comparisons like this - although founded in fairness- to be ultimately unhelpful because they draw consideration away from what did happen: bullying and otherism. This isn’t about what might have been, it’s about what happened. And we can say how it would have been unacceptable under this or that circumstance, but that, I feel, detracts from us all uniting behind saying that THIS, under THESE circumstances was wrong.
I’m not trying to criticize you at all, your intentions are good here. I just don’t think that we should lose focus of criticizing the bullies for the reason why they were bullying in the first place. They were bullying this kid because he is different. Because he is an other. If he wasn’t, they probably would not have, or they would not have attacked his otherness.