• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Civil Rights Violated ? Texas

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

M

Mysteria

Guest
This is my first time here so please bear with me. Im trying to find out how I can help my daughter who is 12 years old. Here is the situation.

Last week she was in a "fight at school". From the way it all seems <no NOT just taking her word for it =) > The girl that attacked her had been harrassing her for quite some time. Tearing up her homework threatening to beat her up and so on. Last week the girl decides to make good on her word and hides behind a door as my daughter walks out of her class. Upon walking out, My daughter is kicked in the knees and knocked down. The other girls stradling my daughter and procedes to punch her about 15 times in the face,neck and well... everywhere. From where my daughter was laying it is easy to say she couldnt get up and fight back much but she did hit the other girl back twice and tried to push her off of her so she could get up.

Called into the office Both girls were given the same punishment. When my daughter told her assistant principal she was only trying to defend herself <mind you she still had her books IN her hands all the time of the fight, and was lying on the ground>The Principal told her The Teacher that broke them up was her self defense, which didnt even show up until after the fight was over, and that if she didnt like it, he could have her fined 500 Dollars.

I call the principle and try to talk calmly to him, and request he investigate the fight to see if my daughter is telling the truth.<They DO have video cameras in the hallway this happened in> He refuses, saying ANY Contact she made back even if shoving the other girl to get her off of her was just as guilty. I stated that by the Penal code...My daughter has the right to defend herself against bodily injury.
He informed me that my daughter was NOT old enough to be a citizen and hence the laws applying to adults did not protect her.
Is this RIGHT ????? I thought no matter the age we all had the same rights to defend ourselves just like we ALL have rights of speech and so forth regardless of our age.

Both girls are given 4 hours of Saturday class. I am without transportant at the moment so I asked him to please give her something else besides Saturday class even though I didnt agree with him not taking the time to find out what happened, and I was filing a complaint
So he did. one week <30 hours> of in school suspension. I didnt know what to say. Not only was she attacked by a bully that has been harrasing her all year, she was denied the right to explain the situation, and told these laws dont apply to her... but now she is serving 30 hours compared to the other girls 4 hours. When I told the principal how I felt about this and that I would rather have her suspended he did..... for 3 days.During the conversion I was VERY polite to him, and he in turn was very very rude to me. I'll now stay home and play with her for 3 days... but this just is NOT Fair!

Sorry so long winded. What can I do in this situation ??And do minor NOT have the same rights as adults ?
 
Last edited:


D

dorenephilpot

Guest
Have you taken a look at the school's handbook?

My guess is that it contains a provision that states that two students who are fighting can be given the same punishment.

The reason for that is that the school isn't interested in parsing hairs -- one threw four punches and one threw three punches, so the first is more culpable than the second.

It's the same reason that states came up with no-fault divorce statutes. They don't give a rat's patootie about who "started" it.

And, yes, students do have reduced rights, compared to the public at large, in many instances at school. This is just one.

If you want to involve the police, you can always call and ask that charges be pressed against the other child. Your child was assaulted at school.

However, be prepared for your child's name to be dragged through the mud, too.

And, given the school's reaction, you probably are going to hear things that indicate your child had a hand in this fight -- if not that day, then some other time that led up to it. Usually the school will do a brief investigation to see if there is any evidence that your child was also at fault. If there is that indication, true or not, then you can count on BOTH students being punished.
 
M

Mysteria

Guest
Thank you for the advice =) Principal called today and said she was unfairly treated. As she was not given a hearing or even allowed to tell her part of what happened and was also treated unfairly with 3 days of suspension after I called the assistant Principal and had words with him. <One day would have been able for her offense if she was at fault> She has been out one day and I Was told to bring her back in tomorrow until the matter is investigated as it should have been in the first place.

Now lets just hope that with this happening she will get treated fairly after this by the Assistant. I dont see that happening after him acting the way he has so far, but Ill be optimistic. I wasnt saying My kid wasnt at fault, I know kids lie and get mad and do things they shouldnt.Even told the assistant this. It was the fact that she wasnt allowed the right to defend her actions, and was told she had no rights being she was a youth. And even when I asked I was denied an investigation into it before she was punished.

Thanks again for the advice :)
 
D

dorenephilpot

Guest
Glad to hear some common sense might have prevailed in your situation.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top