School Slander From A School Employee

[psmith281980]

What is the name of your state (only U.S. law)? Michigan.

Here is what happened this is the third time I have been told this. My son goes to school in high school. Granted my son in no angel and michievious at times. This counselor at school in all three occurences has contacted friends of my sons parents and told them how rotten my son is. How they should not allow my son to hang around their son or daughter. And she is doing this right from the school during school hours. I believe it is slander and not in her job position to do this at all. I am irate, and part of the stuff is lies. And to top it off. Today she told me on the phone my son told her he would stab her. Ok now the kicker of this story is another student was present and he never said this. NOw on the other hand if he did why she did not call cops. Do I have any rights to go after the school or her?

Ok evidently nobody gets this. What I am saying right or wrong what right does this woman have to discuss information with people that have no association with the school other than their kid goes there. Sorry but I don't believe my son is innocent, but still this came from three parents their own mouths they contacted me to tell me this bitch called them on their cell phones.

 

[quincy]

What is the name of your state (only U.S. law)? Michigan.

Here is what happened this is the third time I have been told this. My son goes to school in high school. Granted my son in no angel and michievious at times. This counselor at school in all three occurences has contacted friends of my sons parents and told them how rotten my son is. How they should not allow my son to hang around their son or daughter. And she is doing this right from the school during school hours. I believe it is slander and not in her job position to do this at all. I am irate, and part of the stuff is lies. And to top it off. Today she told me on the phone my son told her he would stab her. Ok now the kicker of this story is another student was present and he never said this. NOw on the other hand if he did why she did not call cops. Do I have any rights to go after the school or her?

The counselor should not be talking about your son to others if, in fact, the counselor is doing this. You should contact the counselor, first, and set up a meeting to discuss the matter with her. You should contact the school principal, second, if your discussion with the counselor does not satisfy you.

It is important to note that kids lie. I would not rely on the words of your son or his friends before knowing more (and this is coming from a parent who tends to trust children and what they say).

 

[tranquility]

I am not one to blindly accept what school officials say. However, your non-angelic mischievous son is probably into more than you believe. Be thankful the counselor did not report such a threat to the police. Next time s/he might. Even if it can, after much work, be shown to be false, I guarantee the police and the courts and the jury will tend to believe the official--especially if some of the previous mischievous pranks involved violence or other serious issues.

Info edit:
See http://www.michigan.gov/documents/FERPA_34CFR99_119434_7.pdf
at 99.64 to see the complaint process if you feel your son's privacy rights have been violated.

 

[quincy]

I am not one to blindly accept what school officials say. However, your non-angelic mischievous son is probably into more than you believe. Be thankful the counselor did not report such a threat to the police. Next time s/he might. Even if it can, after much work, be shown to be false, I guarantee the police and the courts and the jury will tend to believe the official--especially if some of the previous mischievous pranks involved violence or other serious issues.

Info edit:
See http://www.michigan.gov/documents/FERPA_34CFR99_119434_7.pdf
at 99.64 to see the complaint process if you feel your son's privacy rights have been violated.

Most high schools in Michigan have police officers or security officers in the schools, and all schools in Michigan have a close working relationship with their local police departments. It is possible that any threat made against the counselor by the son has already been reported and is already under investigation, if such a threat was actually made.

It is also possible/probable that the counselor was responding to queries made by the other students and parents and that the counselor did not initiate contact with these individuals (unless there was a specific threat made by the son against these other students that the counselor needed to address).

I note that psmith said that "part of the stuff is lies." If the gist of what has been communicated is true, even if some of what was said is false, there is little likelihood that any slander action could be successful.

 

[psmith281980]

The counselor should not be talking about your son to others if, in fact, the counselor is doing this. You should contact the counselor, first, and set up a meeting to discuss the matter with her. You should contact the school principal, second, if your discussion with the counselor does not satisfy you.

It is important to note that kids lie. I would not rely on the words of your son or his friends before knowing more (and this is coming from a parent who tends to trust children and what they say).

Is this slander? I feel if you sit there and bash people they can get you for slander. How can a employee discuss confidential stuff with everyone not involved at school

Ok evidently nobody gets this. What I am saying right or wrong what right does this woman have to discuss information with people that have no association with the school other than their kid goes there. Sorry but I don't believe my son is innocent, but still this came from three parents their own mouths they contacted me to tell me this bitch called them on their cell phones.

 

[Silverplum]

Is this slander? I feel if you sit there and bash people they can get you for slander. How can a employee discuss confidential stuff with everyone not involved at school

Ok evidently nobody gets this. What I am saying right or wrong what right does this woman have to discuss information with people that have no association with the school other than their kid goes there. Sorry but I don't believe my son is innocent, but still this came from three parents their own mouths they contacted me to tell me this bitch called them on their cell phones.

I, for one, am never interested in lifting a finger for one who cannot/will not refrain from cursing, and I don't care for characterizing a woman with those sorts of rude words.

 

[psmith281980]

Most high schools in Michigan have police officers or security officers in the schools, and all schools in Michigan have a close working relationship with their local police departments. It is possible that any threat made against the counselor by the son has already been reported and is already under investigation, if such a threat was actually made.

It is also possible/probable that the counselor was responding to queries made by the other students and parents and that the counselor did not initiate contact with these individuals (unless there was a specific threat made by the son against these other students that the counselor needed to address).

I note that psmith said that "part of the stuff is lies." If the gist of what has been communicated is true, even if some of what was said is false, there is little likelihood that any slander action could be successful.

Even if this woman calls everyone in town and tells them private things about my son that nobody knows only stuff that is in the school file.

 

[psmith281980]

Even if this woman calls everyone in town and tells them private things about my son that nobody knows only stuff that is in the school file.

Sry small town no cops at the schools I wish

 

[psmith281980]

I, for one, am never interested in lifting a finger for one who cannot/will not refrain from cursing, and I don't care for characterizing a woman with those sorts of rude words.

Sorry but this is so upsetting. I feel like they could call all over this town and tell them private stuff about my son that is only in his file and let everyone know. NO laws against that?

 

[quincy]

Is this slander? I feel if you sit there and bash people they can get you for slander. How can a employee discuss confidential stuff with everyone not involved at school

Telling another or others that an identified individual threatened to stab you could be slanderous if false. Your son's reputation could potentially be harmed by the counselor's comment if there was no truth in her statement.

Discussing confidential "stuff" with others could be violating privacy laws.

I am not sure you have enough facts yet to determine whether the counselor violated any laws, however. I know I don't have enough facts yet to determine if she did or not.

That is why I suggest you make an appointment with the counselor to discuss with her your son and the incidents he may have been involved in at school (or perhaps outside of school). This should provide you with a clearer picture. If you still believe the counselor is violating confidences or slandering your son to others, speak with the principal.

I think those are your best first moves. I would certainly do this before consulting with an attorney. You want to gather as much information as possible, from as many sources as possible, to better assess the situation and come closer to understanding the truth of what is going on with your son.

Again, I would not discount entirely what your son is saying but I would not rely on his word alone, just as I would not rely entirely on what the counselor says. I imagine the truth of what is going on could lie somewhere in between.

 

[Just Blue]

What is the name of your state (only U.S. law)? Michigan.

Here is what happened this is the third time I have been told this. My son goes to school in high school. Granted my son in no angel and michievious at times. This counselor at school in all three occurences has contacted friends of my sons parents and told them how rotten my son is. How they should not allow my son to hang around their son or daughter. And she is doing this right from the school during school hours. I believe it is slander and not in her job position to do this at all. I am irate, and part of the stuff is lies. And to top it off. Today she told me on the phone my son told her he would stab her. Ok now the kicker of this story is another student was present and he never said this. NOw on the other hand if he did why she did not call cops. Do I have any rights to go after the school or her?

Ok evidently nobody gets this. What I am saying right or wrong what right does this woman have to discuss information with people that have no association with the school other than their kid goes there. Sorry but I don't believe my son is innocent, but still this came from three parents their own mouths they contacted me to tell me this bitch called them on their cell phones.

Could you please define "michievious at times"? Thanks

Blue

 

[TigerD]

Could you please define "michievious at times"? Thanks

Blue

I read that as juvenile delinquent just short of being sent away.

DC

 

[quincy]

I read that as juvenile delinquent just short of being sent away.

DC

Ah, ye of little faith.

I actually found it refreshing for a parent to come to the forum with what might be a more realistic view of their child.

Having a parent who starts with the premise that their child is not angelic all the time, and that the child is mischievous at times, and admitting that the child might not be entirely innocent, is far better (in my opinion) than having a parent who will list all of their child's accomplishments (high grade point averages, community service hours, loved by all) and who will refuse to believe (because of their child's fine, upstanding character) that their child could ever have been less-than-honest with them and who refuse to believe that their child might be guilty of some offense.

And those parents who insist on blaming everyone BUT their own child for the acts or actions of their child is far more troubling to me than any parent who comes here to question the legalities of the acts or action of the adults handling the child.

I think psmith is asking legitimate questions. Unfortunately, these are questions that have no clear answers based on the information so far provided.

 

[single317dad]

Even if this woman calls everyone in town and tells them private things about my son that nobody knows only stuff that is in the school file.

That may depend somewhat upon the content of the information divulged.

Some school districts will call parents when there's been an incident they feel the parents need to know about. My own district (and many that I'm aware of) use an automatic calling system, usually with a recording from the principal or superintendent, when, for example, the school goes on lockdown due to police activity in the immediate vicinity. If your son did something that the staff felt endangered other students, and the school does not have an automatic calling system (or could not configure it to only call parents of the affected children instead of calling the entire number database), then I can reasonably see the counselor directly contacting only the concerned parties.

 

[quincy]

That may depend somewhat upon the content of the information divulged.

Some school districts will call parents when there's been an incident they feel the parents need to know about. My own district (and many that I'm aware of) use an automatic calling system, usually with a recording from the principal or superintendent, when, for example, the school goes on lockdown due to police activity in the immediate vicinity. If your son did something that the staff felt endangered other students, and the school does not have an automatic calling system (or could not configure it to only call parents of the affected children instead of calling the entire number database), then I can reasonably see the counselor directly contacting only the concerned parties.

Schools in Michigan have similar calling systems, to pass on emergency information. In the schools my children attend, the school contacts us (my wife and I are on the "early" first shift) and we, in turn, have a list of parents to contact who, in turn, have a list of parents to contact. We have only been called on once to pass on emergency information - this for a snow emergency which closed all schools in the area. This backs up automatic calling systems and web information and television announcements that are available to parents.

I am not sure that psmith's situation sounds like it was a school emergency procedure that prompted the calls (either to the counselor or from the counselor), however. But the purpose of the calls, if in fact they were made, is something that definitely needs clarifying by psmith when/if she sits down with the counselor. I see the counselor returning calls made by parents as a more likely scenario than the counselor initiating calls to parents, unless, as I said earlier, the calls concerned both psmith's son and the children of the parents contacted.

Certainly more facts are needed by psmith before accusing the counselor of any privacy invasion or slander, or s/he may find him/herself the defendant in a defamation suit instead of a plaintiff filing suit against the counselor.