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12 yr old wrongly accused of sexual harrassment at school

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iluvdalejr

Junior Member
What is the name of your state?What is the name of your state? IL

My 12 yr old son has been accussed of sexual harrassment involving a female student. His story: While running to art class, he almost ran into the BACK of a female student. He admits to touching her back; maybe somewhere under her arm but definitely did not grope her. He apologized as he passed her and went to his seat. Her story: He physically grabbed her breast. She said "You better not" & he said, "Oh yeah? I'm gonna" and proceeded to grab her.
She did not mention this to the Art teacher or any friends. She only told her older sister that evening. The sister then told the Father, who contacted the principal the following morning. The principal's story: My son entered the office "looking" guilty. The principal has "his own way of questioning" (his exact words) and getting kids to admit their guilt. My son denied everything at first, but when questioned as to which breast he touched, he replied "the right one". My son cried (actually I was told he sobbed and sobbed) and this was taken as a "sign of guilt". The principal called me later in the morning and told me about the accusation. Unfortunately, I didn't ask too many questions because I was in shock. I was told who accused my son and that he rightfully admitted to touching her. His punishment is a "Saturday" detention to be served from 8AM-12PM. He is to copy from the student handbook the rules for "sexual harrassment" in school. When my son came home from school that same day, he acted as if it never happened. He came home in a good mood & when asked about this incident, he said he had explained to the principal that it was all an accident. He said he told him that IF he had touched her, it was an accident and he did not GRAB her. He also added that another student was called down to the office as a witness. This student (a male & yes, he is one of my sons' friends) told my son that he explained to the principal what he saw & he thinks he told the same story as my son. The principal did not tell me that any witnesses were called to the office nor did he tell me that my son admitted to doing so only accidently. I called the principal the next morning & asked about the potential witness. He says he didn't bother telling me because his story neither hurt or helped my son. Basically, he says the witness didn't see anything. He also said that if the girl was trying to get at my son on purpose, she would have said something right away to the Art teacher. The principal also says my son never said anything about it being an accident. Just that he rightfully admitted to doing it. I was told if I was unhappy (which I am) that I could write a letter to the director of the school board. In the end, with no witnesses, this is a classic "She said/He said" case.

Just to add to this, my son "snitched" on this very same girl a few months ago for stealing pens from the Janitor's closet. This girl told my son what she had done & he turned her into the office.

Now, please don't go & post anything about me not thinking my son can do no wrong. Believe me, I have 5 kids & I know kids lie. I have talked and talked with my son about the consequences of his lying. I honestly think this is a case where the principal feels the heat from an irrate father & needs to set an example. The Father just asked that my son be punished in some way & I was told that the Father was content with the Saturday detention.

Any comments/suggestions are appreciated.
 


iluvdalejr

Junior Member
Anyone have suggestions?

We have decided to just tell the principal we believe our son & he will not be serving the Saturday detention. Since there are no witnesses and it has become my son's word against the girl's; I am assuming there isn't much the school can do. Has no one else ever been in this situation in a school environment? I wanted to add that there are video cameras in some hallways. but just so happens to be none in this particular area. The principal told me that he "wouldn't base too much on the cameras anyway since they move around so much." I then asked why we even have them. Of course, my question went unanswered. I am also concerned about this incident being on my son's student record. Does anyone have any clue as to what our legal rights are? Any suggested websites/links I might be able to get some helpful info? I would appreciate your help. Thanks!
 

BelizeBreeze

Senior Member
iluvdalejr said:
We have decided to just tell the principal we believe our son & he will not be serving the Saturday detention. Since there are no witnesses and it has become my son's word against the girl's; I am assuming there isn't much the school can do. Has no one else ever been in this situation in a school environment? I wanted to add that there are video cameras in some hallways. but just so happens to be none in this particular area. The principal told me that he "wouldn't base too much on the cameras anyway since they move around so much." I then asked why we even have them. Of course, my question went unanswered. I am also concerned about this incident being on my son's student record. Does anyone have any clue as to what our legal rights are? Any suggested websites/links I might be able to get some helpful info? I would appreciate your help. Thanks!
I was going to answer you and give you a few options until I read this.

You're on your own now.
 

stealth2

Under the Radar Member
Your son touched the girl, intentionally or not, due to his running in the hallway. Which, in every school I know, is against the rules. I'd be glad a Saturday detention is the worst he got.
 

iluvdalejr

Junior Member
stealth2 said:
Your son touched the girl, intentionally or not, due to his running in the hallway. Which, in every school I know, is against the rules. I'd be glad a Saturday detention is the worst he got.
The girl admitted to running in the hallway, too. So, according to your opinion, I should request the girl serve a Saturday as well. As far as being intentional or deliberate, this incident will be on his school record as sexual harrassment, not running on school property. I am not OK with my son taking the blame for something that truly was an accident. This girl is saying he grabbed her....not brushed up against her. I would think everyone sees a difference in the severity of each story. I wonder if you would be so non-chalant about this if it were your child. I was expecting the replies to be more so on the legality side of things; not personal.
 

stealth2

Under the Radar Member
The school is going to err on the side of caution. Unfortunately, it's a he said/she said situation and according to the principal - your son admitted to grabbing her.

I wouldn't be thrilled if it was my son. But I've also talked to him extensively about what to do and what not to do - including refusing to answer any questions under any circumstances w/o my being present. When it comes to stuff like this - kids are stupid. Tough lesson for all of you.
 
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iluvdalejr

Junior Member
BelizeBreeze said:
I was going to answer you and give you a few options until I read this.

You're on your own now.
We have not contacted the school regarding our son not serving his Saturday. I wanted to give ourselves more time to weigh our choices and not make a haste decision. If you truly have some options you think would be smart for us to consider, I would appreciate your time. I was hoping for some legal advise on student rights and such. I will reiterate that I refuse to allow my son be labeled as someone involved in a sexual harrassment incident at age 12. If it were true, yes, I would be more than happy with the Saturday and the fact he didn't get suspended or expelled. But, he is innocent of intentionally touching this girl. He DID NOT grope her as she is saying. The fact the children were running ISN"T what this is about. My understanding is that there were several children running into class. Now, if we need to get picky, I tend to wonder why this was allowed in the first place. Are the kids not supervised when they walk from one school to the next? BTW, the elementary/jr high school is located right next to the high school (the art class is here). The kids have to walk down long corridors, cross a parking lot, then on into the high school. There is suppose to be one teacher at the front & one teacher in the back of the line. Is my son's class not getting the proper adult supervision? But, as noted, that is not what I am making this case about. My concern is strictly about my son being blamed for something he did purely on accident. I consider this a defamation of character.
 

iluvdalejr

Junior Member
stealth2 said:
The school is going to err on the side of caution. Unfortunately, it's a he said/she said situation and according to the principal - your son admitted to grabbing her.

I wouldn't be thrilled if it was my son. But I've also talked to him extensively about what to do and what not to do - including refusing to answer any questions under any circumstances w/o my being present. When it comes to stuff like this - kids are stupid. Tough lesson for all of you.

I agree with the school ruling with caution. I believe the principal pushed the issue just to satisfy the girl's father. The principal has admitted he doesn't know who is telling the truth. Since this is a he said/she said issue with no witnesses, my understanding is the school cannot "pass judgement" unless both parties are to receive equal discipline.
And, as far as teaching my children how to react under question, I must admit I have been naive. Yes, I agree with your post about not answering any questions without a parent being present. I do wish this is something I had told my children before this incident. I can assure you, I will be present from now on. Yes, this has been a tough lesson. The sad thing is, it's far from being over. Thanks, oh so much, for your "sincere" concern. I didn't expect a pity party from this forum (nor do we need one), but I was hoping for some intelligent legal opinions/ideas/suggestions.
BTW-kids are not stupid, but naive, as was I.
 

stealth2

Under the Radar Member
iluvdalejr said:
Since this is a he said/she said issue with no witnesses, my understanding is the school cannot "pass judgement" unless both parties are to receive equal discipline.
Schools are under no such restriction. Nor do they need to tell you what punishment she got (or her parents what punishment your son got).
 

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