My son was accused of touching a girl on her breast at school and now the school has given him 10 days of OSS and said that they are going to hold a disciplinary tribunal. My son is a perfect student, well like by all of his peers, a straight “A” student, who has never so much as even been sent to the principles office.
The girl’s statement said that the boy my son went in with grabbed her breast and my son touched her quickly. My son said that it was an accident, the lights were out and when the girl stood up he brushed her and then immediately apologized as he left the room. As he walked out of the room he and his friend bragged, as 14 year old boys do, while two additional boys went into the room with her. When they came out, they too stated that they touched her. She exited the room laughing and went to lunch. It wasn’t until later that a friend of hers talked her into going to the office to complain.
My son and the boy who went into the room first were the only ones accused. The other boy (the one accused of grabbing her) was the girl’s ex-boyfriend. I believe my son and think that he is a victim of circumstances. She obviously has an issue with her ex and my son was stupid enough to go into the room with the both of them. Should I get a lawyer?
The girl’s parents also filed a complaint with the police and my son was called in for an interview. We were later informed by the investigator that there would be no charges filed. Could the parents take it to juvenile court even though the investigating officer told me that no charges were going to be filed? They asked us to meet with the ADA tomorrow, should I have an attorney for this meeting?
My son is 14 as is the girl who has accused him along with the othe boy. Does the school have the right to keep him on suspension that long without first determining if he is guilty or not? Also, should the school be liable in any way for allowing this to go on during school, in a class? A substitute was in the room, one that is known to call role and let the kids do as they please, he had no idea what was going on. According to the kids, this went on the entire class. Should I pursue the school for negligence or something?What is the name of your state (only U.S. law)?