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Thread: high school

  1. #1
    jdsmith68 is offline Junior Member
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    high school

    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)?
  2. #2
    Antigone* is offline Senior Member
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    Quote Originally Posted by jdsmith68 View Post
    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)?
    Please take off the rose-colored glasses. Your son is not perfect. If he was your name would be Mary.

    You've already stated the the police have declined to press charges, that is a good thing. The school can still discipline your son as they see fit. Certainly speak to the school about your concerns, but this does not rise to the level of involving the courts.


    oh, btw...what is the name of your state?
  3. #3
    justalayman is offline Senior Member
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    a couple of problems:

    the police do not press charges nor do they decide if charges are pressed. Since you have a meeting with the ADA (I presume you mean asst. district attorney), what the police have stated appears to be a bit premature. There would be little need to speak to the ADA if it has already been decided that there would be not charges.

    yes, an attorney would be a really good idea right about now.

    miranda rights. Learn them, live by them. There is nothing to be gained by your son spilling his guts about this, especially since it is a criminal investigation. You almost never talk your way out of charges but many many people talk their way into charges.
  4. #4
    CdwJava is online now Senior Member
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    Quote Originally Posted by jdsmith68 View Post
    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.
    If he is ONLY facing school penalties, he is very lucky. Since no charges have been filed, he is fortunate indeed.

    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?
    If he is charged with a crime, yes. If you want an attorney to help you try to challenge the school discipline,that is up to you.

    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.
    Lucky.

    Could the parents take it to juvenile court even though the investigating officer told me that no charges were going to be filed?
    No. The police forward cases the DA for prosecution, not the parents of the other child. They can sue in civil court if they have a cause of action, but i doubt they have one here.

    They asked us to meet with the ADA tomorrow, should I have an attorney for this meeting?
    Who is "they?" The other parents? If it were me, I would not go to any such meeting with the Assistant District Attorney if it were requested by the other parent. If the ADA asked, and it might circumvent charges, I might consider it WITH my son's attorney present.

    Does the school have the right to keep him on suspension that long without first determining if he is guilty or not?
    Not knowing the laws in your unnamed state, I cannot say for sure,but it is likely they can. There is a process to address suspensions and expulsions and you should read up on them for the school, the district,and your state.

    Also, should the school be liable in any way for allowing this to go on during school, in a class?
    Hardly. Unless the school promises personal escorts for all students and security in all corners and rooms of the campus,how can they be liable for the conduct of students at all times in all places?

    If you have a lot of money to waste on an attorney, go ahead and sue the school,but I cannot imagine it will go very far ... but it might make an attorney happy.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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