my 7 yr old son was assaulted

[franco04]

What is the name of your state (only U.S. law)? SC
My white 7 year old son was punched in the face 5 times by a black boy on the schoolbus, and this boy also punched another boy too. My son was left with a long scratch on his face. The busdriver didnt remove the boy from his seat but told the assistant principal, who called me 6 hours later to tell me he is moving that boy to another bus only for a couple of days. I got a police report and a lawyer told me that because it was an isolated incident it would have to happen again for it to be a case. Do I really have to wait until my son is seriously injured a second time for it to be a case?

 

[Antigone*]

What is the name of your state (only U.S. law)? SC
My white 7 year old son was punched in the face 5 times by a black boy on the schoolbus, and this boy also punched another boy too. My son was left with a long scratch on his face. The busdriver didnt remove the boy from his seat but told the assistant principal, who called me 6 hours later to tell me he is moving that boy to another bus only for a couple of days. I got a police report and a lawyer told me that because it was an isolated incident it would have to happen again for it to be a case. Do I really have to wait until my son is seriously injured a second time for it to be a case?

First of all, why mention your son's race and the race of the other child ~ what makes you think this was racially motivated?

If the assistant prinicpal is taking disciplinary action against the other child and if he is moving your child to another bus for safety reasons, then it appears to me that adequate protection for your son has been put in place.

You have done the right things by filing a police report. Stay involved with the school and reiterate to them that you will not tolerate your son's abuse. I believe you were given the proper advice by the attorney you spoke to

 

[JETX]

Do I really have to wait until my son is seriously injured a second time for it to be a case?

Of course not. All you have to do is to file a police complaint and they will investigate and handle as appropriate.
And if you really want (and can prove damages), you can consider filing a small claims action against the child and parents.

Under South Carolina Code of Laws:
SECTION 63-5-60. Parental civil liability for damage to State property.
(A) The State of South Carolina, a political subdivision of the State including, but not limited to, a school district, or any other person including, but not limited to, an individual, a religious organization, a corporation, a partnership, or other entity, whether incorporated or unincorporated, is entitled to recover damages in an amount not to exceed five thousand dollars in a civil action in a court of competent jurisdiction from the parents or legal guardian of the person of a minor under the age of eighteen years and residing with the parents or the legal guardian of the person who maliciously or wilfully causes personal injury to the individual or destroys, damages, or steals property, real, personal, or mixed, belonging to the State of South Carolina, the political subdivision of the State including, but not limited to, a school district, or other person including, but not limited to, an individual, religious organization, corporation, partnership, or other entity, whether incorporated or unincorporated.

(B) Recovery under this section is limited to actual damages.

(C) Nothing in this section limits the application of the family purpose doctrine.

(D) The liability of parents or legal guardians under subsection (A) is joint and several with the minor for the injury or the destruction, damage, or theft, as the case may be, as long as the minor would have been liable for the injury or the destruction, damage, or theft if the minor had been an adult. Nothing in this section may be construed to relieve the minor from personal liability for the injury or the destruction, damage, or theft. The liability in this section is in addition to and not in lieu of other liability which may exist by law.

(E) This section does not apply to persons having custody or charge of a minor under the authority of a state agency or a county social services department or to state agencies or county departments of social services which have legal custody or charge of a minor.

 

[Ohiogal]

First of all, why mention your son's race and the race of the other child ~ what makes you think this was racially motivated?
If the assistant prinicpal is taking disciplinary action against the other child and if he is moving your child to another bus for safety reasons, then it appears to me that adequate protection for your son has been put in place.

You have done the right things by filing a police report. Stay involved with the school and reiterate to them that you will not tolerate your son's abuse. I believe you were given the proper advice by the attorney you spoke to

Oh come now, don't you know that because his child is WHITE and was attacked by a black boy that it had to be a racist attack? But if the races are that important to the parent, I think it says MORE about the parent's own racist feelings.

 

[JETX]

Come on folks, you know that if the roles were reversed, the OP would say that "My black 7 year old son was punched in the face 5 times by a white boy on the school bus".
Racism goes both ways, equally.

 

[Ohiogal]

Come on folks, you know that if the roles were reversed, the OP would say that "My black 7 year old son was punched in the face 5 times by a white boy on the school bus".
Racism goes both ways, equally.

My statement holds both ways --

But if the races are that important to the parent, I think it says MORE about the parent's own racist feelings.

 

[Antigone*]

Come on folks, you know that if the roles were reversed, the OP would say that "My black 7 year old son was punched in the face 5 times by a white boy on the school bus".
Racism goes both ways, equally.

Still does not make it right or relevant. A kid assaulted a kid.

 

[franco04]

Thank you to JetX for answering my question, all of you other people only cared about the race thing, but not about my baby being assaulted. Very ignorant!! The only reason I stated the races is because the cop told me to state the facts.

 

[quincy]

The police will generally ask a person for ALL of the facts. An attorney will generally ask a client for ALL of the facts. No matter how insignificant those facts may seem to the person, the police and the attorney prefer to decide which facts have relevance.

Just because I say someone is black or they say I am white does not mean that either one of us are racists. Facts are facts. Facts are not an indicator of racism.

 

[>Charlotte<]

I agree with what you're saying Quincy, but let's face it. There's a certain element of passive racism that's usually pretty easy to recognize. If the offending child had been white, I doubt OP would have said "a white child hit my white child". Or "a red-headed child hit my blonde child".

I don't believe OP is simply trying to be detailed. S/he might think that a race vs. race assault might have more serious implications, i.e. "hate crime".

 

[quincy]

I understand what you are saying, too, Charlotte.

But I think that too often people are ready to jump on comments as being racist when race is just being used in a descriptive sense.

It is very common to identify people by their race. Race is a natural and obvious identifier. When names are not used, appearances are (including "the Asian kid" or "the red haired girl" or "the boy with the pierced nose" or "the one wearing blue jeans"). Even when skin color is used to distinguish one person from another, it does not make the comment a racist one. It merely makes it a fact.

If franco's son had been beaten up by a blonde kid, perhaps that is how the kid would have been described.

 

[stealth2]

I kinda doubt it, quincy. But that's just my opinion.

ANd I always cringe when people refer to their kids who are not infants as their "baby". I just find it creepy.

 

[>Charlotte<]

I agree, Q. But making it a point to identify someone's race, especially if it's irrelevant, sometimes is because of racism, and I believe that is the case here.

Considering the vicious remarks OP has made about another poster's children (in two posts I've reported), I have no problem believing s/he's a racist. Not that it really matters with regard to the question at hand, but that's where this thread has gone and I followed it.