My 10yr old was physically assaulted on school grounds

[charm3d0n3s]

What is the name of your state? California

I am looking for advise on basic education law and my kids rights. My 10 year old student was violently assaulted by a high school student on school grounds. Everything occurred about 15-20 minutes after school was out. The high school student arrived at the elementary school with her mother to pick up her sibling. She entered school grounds and yes granted my daughter has a " mouth piece" this high school student proceeded to beat my daughter causing major injury to her face and head. My brother had witnessed everything as did students and faculty. When police arrived at the school they proceed to resolve the issue and send everyone their separate ways, when my daughter was released to my brother he was only given a message of an appointment on Monday with the school, the high school students mother, the student, my daughter and myself. After everything took place I call the officer who was at the school, and asked what his actions were on the matter, he then proceeded to tell me that there are two sides to the story so he told the high school student that she was no longer aloud on the school premises and let her go with her mother. leaving everything up to the school. I then asked why an arrest or proper report wasn't made, he repeatedly told me of his verbal actions. When I became upset, I told him that if the media was involved then I bet an arrest would have been made, he then told me that if I was to make a big deal and get extravaggant about the situation then he would come and arrest me on my two, warrants (Failure to Appear on Traffic Violations, at the time of scheduled court appearances I was going through chemo therapy 3 times a week for my cancer, that has thankfully gone into remission) So I put myself on the calendar. Now I am stuck, unsure of California Education law(school liability), my childs rights while under the supervision of school on school grounds, juvenile physical assault. Also I am unsure if this is just assault or assault and battery since there were words between the two first. The next day, yesterday my daughter had to go to the hospital due to headaches internally and head pain due to external injury. Some one please if you have any advise it would be greatly appreciated for I am stuck in a hard spot with no answers for my injured 10year old let alone myself or anyone else. Thank You.

 

[Ohiogal]

You can take your child to the DA's office and file a complaint.

 

[charm3d0n3s]

Thank You I think I just might

 

[CdwJava]

Unless medical treatment was necessary, this is misdemeanor battery pursuant to PC 242. Headaches are not generally going to be sufficient to justify making the crime a felony pursuant to PC 243. Keep in mind that a misdemeanor battery (a fight) is not that big a deal in most cases. We don't have enough room in juvenile hall for all the kids that exchange fisticuffs each month at schools. Arrests rarely happen in these cases.

In most cases, the officer would not likely have been able to arrest for the battery. The MOST the officer is generally able to do in most counties is to hold the juvenile until he or she can be turned over to a parent or guardian. Since most counties have juvenile detention facilities packed to the gills, they cannot book on misdemeanors and only book on felonies.

There could also be a dispute as to who started what. A fight between a 10 and a 14 year old can sometimes occur with the younger child starting it - I've seen it before. A mutual fight, or one in which your daughter started it - can result in your daughter being charged alone, or both girls being charged.

The school can take administrative action against one or both children as they see fit pursuant to school rules and district policy.

As for going to the DA, I can virtually guarantee you that the DA's office will tell you to go to the police. They might tell you that you absolutely have a case, but they aren't the ones that have to build it - the cops will. Then, when the cops send it over and it's a turkey, the DA will kick it. Our DA tells almost everyone they have a case ... it's called a brush off.

My recommendation would be to contact the reporting officer's supervisor. Have all the facts ready - date and time of the event, a copy of the medical records, and a copy of your daughter's signed statement. Speak to the supervisor, tell him or her that you feel the other juvenile should be charged and you would like the matter referred to juvenile probation and the District Attorney for prosecution. If you do this calmly, and thoughtfully, the supervisor is likely to be more inclined to look into the facts and speak to the officer than if you come in screaming and accusing the world.

- Carl

 

[outonbail]

he then told me that if I was to make a big deal and get extravaggant about the situation then he would come and arrest me on my two, warrants

If the officer was aware of your warrants, then he probably did do some investigating into the situation before he decided not to charge either student.

This may have been to your daughters benefit, because, as Carl said, it could have been that your daughter and her "Mouth Piece" started the verbal and subsequent physical altercation.

 

[nextwife]

If the officer was aware of your warrants, then he probably did do some investigating into the situation before he decided not to charge either student.

This may have been to your daughters benefit, because, as Carl said, it could have been that your daughter and her "Mouth Piece" started the verbal and subsequent physical altercation.

I don't know what the policies are at your kid's school, but at ours NO "verbal" assaults justify a physical assault. Name calling is different than beating up a kid. I have no idea where you get the idea that any name calling, especially by a ten year old, makes a physical assault by a teenager upon them allright?

So, if a six year old calls my ten year old names, it's ok for my ten year old to BEAT UP a younger child? Give me a break! What adult would justify a teen beating up a child, no matter what the child calls them? Beating up anyone is unacceptable behavior.

Both kids are at fault. Many schools have strict "no put down" policies which prohibit use of put down language on school grounds (my child's school will not tolerate any such language). However, the behavioral expectations of a teen should be higher than a fourth or fifth grader.

 

[Just Blue]

How old is this high school student? is she a freshman and 13 or a 17 year old Sr.?

 

[outonbail]

I don't know what the policies are at your kid's school, but at ours NO "verbal" assaults justify a physical assault. Name calling is different than beating up a kid. I have no idea where you get the idea that any name calling, especially by a ten year old, makes a physical assault by a teenager upon them allright?

Where in my post did you read that anything makes a physical assault all right?

So, if a six year old calls my ten year old names, it's ok for my ten year old to BEAT UP a younger child? Give me a break! What adult would justify a teen beating up a child, no matter what the child calls them? Beating up anyone is unacceptable behavior.

I agree completely. Since you missed the point I was making, I'll clear it up. What if it was your daughter who started the physical fight with this teen girl? Does your daughter have the right to hit someone who's older than her? Should an older child stand there and allow a younger child to physically assault them?

Both kids are at fault. Many schools have strict "no put down" policies which prohibit use of put down language on school grounds (my child's school will not tolerate any such language). However, the behavioral expectations of a teen should be higher than a fourth or fifth grader.

Look, no one's blaming your child for anything. I was simply pointing out the fact that there is always the possibility that your daughter was the one who attacked first. Both verbally and physically. This is only a possibility, as I wasn't there and you weren't there to witness the event. Have you heard the other girls rendition of what took place? Does the other girl have injuries similar or worse than your daughter suffered?
I was simply posting something for you to consider before you went off stirring up a bunch of trouble which could land your daughter in hot water, adding insult to injury. Many parents believe that their child is never the one to blame and I'm not referring to you specifically, simply explaining why I played the devil's advocate here.
You posted that your daughter has a "mouth Piece" which to me, is a red flag. She needs to control this because it will never be received well. Even if she was a completely innocent victim, if she started mouthing off in front of the officer who responded, he/she may have believed the teenager's account of what happened was closer to the truth than your daughters. It certainly doesn't make any sense that this teen girl decided to beat up your daughter for no reason. There is more going on here than any of us will ever know.
Try to get all the facts before jumping to any conclusions.
I am not saying your daughter is at fault or that her beating was justified or deserved. No one wants to see any harm come to their children.

 

[fairisfair]

Where in my post did you read that anything makes a physical assault all right?


I agree completely. Since you missed the point I was making, I'll clear it up. What if it was your daughter who started the physical fight with this teen girl? Does your daughter have the right to hit someone who's older than her? Should an older child stand there and allow a younger child to physically assault them?


Look, no one's blaming your child for anything. I was simply pointing out the fact that there is always the possibility that your daughter was the one who attacked first. Both verbally and physically. This is only a possibility, as I wasn't there and you weren't there to witness the event. Have you heard the other girls rendition of what took place? Does the other girl have injuries similar or worse than your daughter suffered?
I was simply posting something for you to consider before you went off stirring up a bunch of trouble which could land your daughter in hot water, adding insult to injury. Many parents believe that their child is never the one to blame and I'm not referring to you specifically, simply explaining why I played the devil's advocate here.
You posted that your daughter has a "mouth Piece" which to me, is a red flag. She needs to control this because it will never be received well. Even if she was a completely innocent victim, if she started mouthing off in front of the officer who responded, he/she may have believed the teenager's account of what happened was closer to the truth than your daughters. It certainly doesn't make any sense that this teen girl decided to beat up your daughter for no reason. There is more going on here than any of us will ever know.
Try to get all the facts before jumping to any conclusions.
I am not saying your daughter is at fault or that her beating was justified or deserved. No one wants to see any harm come to their children.

um, may I point out that Nextwife does not have a child involved in this altercation? The OP is charm3d0n3s.

 

[CdwJava]

Nextwife, there are two separate issues here: One is the potential criminal allegation ... the other is the school administrative matter. The verbal altercation can be sufficient for a suspension or expulsion. From the criminal aspect the verbal altercation is NOT "assault" or battery, and is not generally a justification for assault (though, it CAN be).

Even if the police can not, or will not act, the school may still take action on their own.

- Carl

 

[Shoplifting Ins]

Bullying

Look online for "bullying laws California." I have heard of similar incidences. I would call a mediator if you want a resolution worked out. Look for "victim/offender mediation." If that fails, hire an attorney. If you cannot afford one, see who is available for pro bono. (Free) It sounds like you will have medical bills that the offender needs to pay.

About the cop, that sounds a little like coercion on his part. He also sounds a bit shadey. He knew he did not do the right thing, therefore, he feels if you make a stink about it, he will come after you - legally. Next, take care of those tickets. Then contact his chief of police.

What is the name of your state? California

I am looking for advise on basic education law and my kids rights. My 10 year old student was violently assaulted by a high school student on school grounds. Everything occurred about 15-20 minutes after school was out. The high school student arrived at the elementary school with her mother to pick up her sibling. She entered school grounds and yes granted my daughter has a " mouth piece" this high school student proceeded to beat my daughter causing major injury to her face and head. My brother had witnessed everything as did students and faculty. When police arrived at the school they proceed to resolve the issue and send everyone their separate ways, when my daughter was released to my brother he was only given a message of an appointment on Monday with the school, the high school students mother, the student, my daughter and myself. After everything took place I call the officer who was at the school, and asked what his actions were on the matter, he then proceeded to tell me that there are two sides to the story so he told the high school student that she was no longer aloud on the school premises and let her go with her mother. leaving everything up to the school. I then asked why an arrest or proper report wasn't made, he repeatedly told me of his verbal actions. When I became upset, I told him that if the media was involved then I bet an arrest would have been made, he then told me that if I was to make a big deal and get extravaggant about the situation then he would come and arrest me on my two, warrants (Failure to Appear on Traffic Violations, at the time of scheduled court appearances I was going through chemo therapy 3 times a week for my cancer, that has thankfully gone into remission) So I put myself on the calendar. Now I am stuck, unsure of California Education law(school liability), my childs rights while under the supervision of school on school grounds, juvenile physical assault. Also I am unsure if this is just assault or assault and battery since there were words between the two first. The next day, yesterday my daughter had to go to the hospital due to headaches internally and head pain due to external injury. Some one please if you have any advise it would be greatly appreciated for I am stuck in a hard spot with no answers for my injured 10year old let alone myself or anyone else. Thank You.

 

[CdwJava]

Look online for "bullying laws California." I have heard of similar incidences. I would call a mediator if you want a resolution worked out.

Private mediation services are voluntary unless compulsory as part of a mediation plan worked out by Juvenile Probation, the police, and/or the court. There is no "bullying law" in CA with regards to criminal acts. There are laws permitting schools to suspend or expel students with a history of bullying, but no criminal violation aside from battery and related offenses (battery on school grounds, challenge to fight, disturbing the peace, etc.).

Look for "victim/offender mediation." If that fails, hire an attorney. If you cannot afford one, see who is available for pro bono. (Free) It sounds like you will have medical bills that the offender needs to pay.

I doubt there are many 'pro bono' civil attorneys out there. Almost certainly not for something like this.

If the victim was injured (X-rays, doctor's notes and orders, etc.) and there is quantifiable damages, then an attorney might take the case on contingency provided the case agaunst the defendant is strong, AND the defendant (or her parents) have sufficient funds to pay the attorney fees and the medical bills. Otherwise, the attorney might ask for money up front and leave the plaintiff to fend for herself with regard to collections.

About the cop, that sounds a little like coercion on his part. He also sounds a bit shadey. He knew he did not do the right thing, therefore, he feels if you make a stink about it, he will come after you - legally. Next, take care of those tickets. Then contact his chief of police.

It could also be that the case is NOT what mom thinks it is. The 10-year-old may be an equal participant. And, yeah, mom SHOULD take care of her warrants or she won't be able to do much at all because she will find herself on her way to jail.

Depending on the size of the agency, she likely won't be able to speak directly to the Chief on this matter. The food chain starts with the officer's supervisor and then works its way upward from there.

- Carl