Levy County, Florida
My son was recently suspended from high school after a consensual sex act between him and a girl (both are 15 years old). Somehow, the girl came to tell her mother about the incident and the mother reported it to the police.
The mother was initially claiming that the girl was mentally challenged, however, she is in the same classes as my son and even in some 10th grade classes. The girl was interviewed by both the police and child protective services and it was determined that the act between the two was totally consensual. No force or violence was used by either party. The police were unable to obtain any type of proof from the parents of the girl or school that she was "mentally challenged" therefore no criminal charges were filed.
Subsequent to that investigation, the principle of the school did his "own" investigation. Both teens were suspended for 10 days and recommended to the school board for possible expulsion.
My question/statement is... Both teens consented to the act, it was not an act of violence, drugs, weapons, vandalism... it did not even disrupt the daily activities of school, as it was done during lunch hour on school campus. In fact, if it weren't for the girls mother finding out about it, no-one would have ever known it occurred. I personally believe that expulsion is too severe for both teens.
No-one was placed in harms way, no property was damaged, no-one witnessed the incident. Just because the incident was a "sex act", does that deem expulsion from school? They are both good students, excelling in the JROTC program with aspirations of going to college and beyond.
What kind of outcomes generally happen with these types of incidents? Would having an attorney present benefit us? Most attorneys we have talked to don't want to deal with this issue against the School Board and the one that does wants a 5,000.00 retainer.
Is there any advice that you can give us to try to keep the expulsion from happening?
Thank you for your assistance
IsabelladonnaWhat is the name of your state (only U.S. law)?
