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Officer Liable

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chellero

Junior Member
What is the name of your state? SC
I teach in SC. About two months ago, a student wrote a note in class stating that she is going to kill me because she got a "C". The school system obviously did not take the threat serious because they sent her back to school after her 10 day vacation-I meant suspension. I was provided with an incident report by the Resource Officer at my school. She spoke to the investigator and told me that same day that since the child was only 11 that she could not go before family court and that there was nothing else I could do. I called the investigator on several occasions and told him that I wanted do a petition to have the child go before family court. He said that if the child had been a few months older or if it was a rape or murder case it would be different. I continued to call him, and finally he said that he would try to set up a meeting with the parent but it was not mandatory. He would tell her how serious this offense was and that if her child was 12 she would be facing a serious charge. Meanwhile, this child ran circles around me during recess. No form of apology was ever given. I had anxieties about what the child would say or do and how I should and would respond. (The mother blamed me for taking her child's note). I feared the mother also. I was not comfortable hearing the investigator tell me over the phone that the child was too young. The investigator then came to my workplace. My husband was present. Once again I told him that I wanted to do a petition to have this child go before family court. He once again said that the child was too young. I left feeling helpless and of no value as a teacher. I finally called a solicitor in family court whom said that the child could be brought before family court. I called the investigator immediately. He was shocked that I had called the solicitor. He said that he would call her. He called me back within two minutes and indicated that he did not know that I wanted to take this any further. He did not know that I wanted her to go before family court. I have since called the police and requested that he be removed from the case since he is obviously not looking out for my interest. I was not informed of my rights. Can he be held liable for wasting 2 months of my time and being negligent?
 


chellero

Junior Member
I trusted the investigator to uphold the law. As I mentioned, he did not advise me of any of my rights as a victim and intentionally misled me. I've suffered more distress and he should be held accountable for his actions. Maybe he will be disciplined by his supervisor so that this won't happen to anyone else. What other options do I have?
 
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FlyingRon

Senior Member
What law?

What rights do you think you have?

With very limited exception, the police are not there to advocate for you or provide you legal information as to what your rights are.
 

tranquility

Senior Member
The police officer did nothing wrong. He made a determinination based on the facts as he saw them. Quite frankly, I agree.
 

chellero

Junior Member
So why do we need investigators? I would have preferred him say nothing at all rather than lie to me. I really do think that he was protecting the child and her parents. What has the child learned? She'll be making headline news one day then they will pull her records and wonder why nothing was done.
 

las365

Senior Member
What evidence did you provide to the investigator that would indicate that you were actually in danger from this 11 year old child (or her mother)?
 

CdwJava

Senior Member
I can't see this going anywhere. Not only is the "threat" apparently ambiguous and likely lacks sufficient immediacy to rise to the level of a criminal act, but the very age of the defendant makes it very difficult to show criminal culpability. I am not sure of the laws in your state in this regard, but in my state we like couldn't make a criminal case stick on this.

The school, on the other hand, can likely administer punishment as they see fit - likely up to and including expulsion.

- Carl
 
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