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In School Suspension without cause

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sp01c5

Guest
My daughter was beaten up at school this week. She did not defend herself, and there were several witnesses. Initially, the principal said they were both involved and sent them back to class with a warning that it was not to happen again.
My husband and I went up and requested the situation be further investigated and that witnesses be interviewed (he never interviewed my daughter, only the other person involved).
After investigation, he discovered that my daughter didn't fight back and that 4 other students had offered this student money to fight. However, he still didn't question my child and get her take on the situation.
Anyway, his final decision was that the fighter be given 5 days of in school suspension and my daughter be given two days for quote "helping to instigate a fight by spreading rumors about another student." The students who offered money just got a warning.
I am still in shock. When he thought she took part in the fight, she was only warned, now that he knows she didn't she is suspended.
Do we have any rights here? This just seems so wrong to me. My daughter did not spread a rumor, but did tell a fact along with several others. Also, is this in any way a violation of our civil right to "freedom of speech". Thanks for any help or advice.
 


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dorenephilpot

Guest
Check your school's handbook.

If the discipline meted out to your daughter is not outside the parameters of what is allowed in the handbook, then the school can discipline your daughter in what appears to you to be a disproportionate or unfair way.

FYI, the school's defense to the First Amendment/free speech claim is that students have fewer rights than the public and that her speech was "disruptive" and therefore not protected.

Is the situation you described fair? No. Is it legal? Yes.
 

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