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Expulsion From School

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Rministerdave

Junior Member
What is the name of your state? ILLINOIS

My 16 year old son was expelled from school for a year for fighting on the activity bus after wrestling practice. There was several young men involved in a free for all battery against another young man on this bus. The administrators, to include the principal, vice-principal, and school board claimed that my son was videotaped battering the victim in this case. He was made to give a written statement. My son has never confessed to doing anything but trying to break the fight up.

I have requested to see that videotape above ten times and was denied access to that tape every time. What rights as a parent do I have, to see alleged videotaped evidence against my son? They said that due to confidentiality for the other students I can't see the tape

When asked why my son was not arrested for mob action and battery, the principal in our hearing, stated that "my son was not involved in the level of violence that warranted an arrest". So then my question was, why wasn't a suspension, a sufficient enough punishment? What culpability if any, does the bus driver have in not attempting to stop the fight? What responsibility if any, does the school play in not having proper supervision on the bus to prevent such acts?I have yet to hear an answer to that question.

Thank You for any help in this matter,
David
 
Last edited:


BelizeBreeze

Senior Member
Rministerdave said:
What is the name of your state? ILLINOIS

My 16 year old son was expelled from school for a year for fighting on the activity bus after wrestling practice. There was several young men involved in a free for all battery against another young man on this bus. The administrators, to include the principal, vice-principal, and school board claimed that my son was videotaped battering the victim in this case. He was made to give a written statement. My son has never confessed to doing anything but trying to break the fight up.

I have requested to see that videotape above ten times and was denied access to that tape every time. What rights as a parent do I have, to see alleged videotaped evidence against my son? They said that due to confidentiality for the other students I can't see the tape
And they are correct.
When asked why my son was not arrested for mob action and battery, the principal in our hearing, stated that "my son was not involved in the level of violence that warranted an arrest".
o.k.
So then my question was, why wasn't a suspension, a sufficient enough punishment?
And how should we know that?
What culpability if any, does the bus driver have in not attempting to stop the fight?

Again, how the hell should we know?
What responsibility if any, does the school play in not having proper supervision on the bus to prevent such acts?
I have yet to hear an answer to that question.
and you expect strangers on the internet to know when we were not there, do not have all the facts and can't read the reports or view the videotape?
Thank You for any help in this matter,
David
you're welcome.
 
What did they use as their evidence during the hearing? Did they call any witnesses? Students? Bus driver?
It sounds like they described actions from a video tape but did not show the tape. Is this true?

Just a side question. Is your son receiving special education services/504 Plan of Accommodation?

Here's an article that might be of interest:
Illinois Appellate Court Overturns Student Expulsion for Failure of District to Offer Student Opportunity to Cross-Examine Witnesses - http://library.findlaw.com/1999/Sep/1/130189.html

Here are some potential contacts that might assist:
1. Legal Assistance Foundation of Chicago (serves the City of Chicago). Contact Persons:
Wallace Winter (312) 347-8385
Larry Parham (312) 347-8392

2. Cook County Legal Assistance Foundation (serves Cook County, except the City of Chicago). Contact Person:
Eugene Edwards (708) 339-5550

3. West Central Illinois Legal Assistance (serves Fulton, Henderson, Knox, McDonough, Stark, and Warren counties). Contact Person:
Mark Kelly (309) 343-2141

4. Prairie State Legal Services (serves Boone, Bureau, Carroll, DeKalb, DuPage, Grundy, Henry, Iroquois, Jo Davies, Kane, Kankakee, Kendall, LaSalle, Lake, Lee, Livingston, McHenry, McLean, Marshall, Mercer, Ogle, Peoria, Putnam, Rock Island, Stephenson, Tazewell, Whiteside, Will, Winnebago, and Woodford counties). Contact Person:
David Wolowitz (630) 690-2130

5. Land of Lincoln Legal Assistance Foundation (counties all of the remaining counties in Illinois). Contact Person:
Joan Spiegel (618) 462-0029
 

CdwJava

Senior Member
Rministerdave said:
I have requested to see that videotape above ten times and was denied access to that tape every time. What rights as a parent do I have, to see alleged videotaped evidence against my son? They said that due to confidentiality for the other students I can't see the tape
And they were right. If this were in a court of law, you would have a greater right to have the tape produced as evidence. Your son is not in court - he is subject to administrative discipline.


So then my question was, why wasn't a suspension, a sufficient enough punishment?
It depends ... what are the proscribed punishments for fighting? If they are free to expel for it, then so be it.

Have you brought these questions to the school baord or at least to the superintendent?


What culpability if any, does the bus driver have in not attempting to stop the fight?
Probably none. In my state the driver might even be subject to lawsuit or at least termination if he/she put hands on to a student - even a fighting student.


What responsibility if any, does the school play in not having proper supervision on the bus to prevent such acts?
None. Unless they had reason to believe such a fight was going to break out and they refused to take REASONABLE AND LEGAL precautions to prevent or deter it, they won't have any liability. What reasonable act could have been taken to prevent this? Putting a cop on every bus? Handcuffing all the kids toi their seats?


- Carl
 

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