Question?

[FATMANYOU2]

What is the name of your state (only U.S. law)? Texas

Need a little help here? A 7th grade male juvenile hugs a 7th grade female juvenile in class around her neck with out consent, while hugging her he brushes her breast with his hands as he let's go, not grabbing her chest.

The female stated she told the male to let go. She notifies the teacher of the incident and the teacher notifies the Assistant Principal.

The Assistant Principal gives the male SAC. The parent is not aware of the incident until the next day by the female student. The father wants to press charges.

The Officer working on the campus is not notified about the incident until three days later. What should the Officer do? What should the Officer tell the parent and should there be charges after three days have went by? Should the male get a warning citation at least if not charged?

 

[CdwJava]

The father does not have a choice as to pursue charges or not, the prosecutor does

The officer should take a report and forward it to an investigator for follow-up, or to the prosecutor for review. The officer should probably not tell the victim's parent much aside from the fact that he or she has taken the report and will forward it to the prosecutor.

The school will do what they feel they must under the circumstances.

 

[Proserpina]

What is the name of your state (only U.S. law)? Texas

Need a little help here? A 7th grade male juvenile hugs a 7th grade female juvenile in class around her neck with out consent, while hugging her he brushes her breast with his hands as he let's go, not grabbing her chest.

The female stated she told the male to let go. She notifies the teacher of the incident and the teacher notifies the Assistant Principal.

The Assistant Principal gives the male SAC. The parent is not aware of the incident until the next day by the female student. The father wants to press charges.

The Officer working on the campus is not notified about the incident until three days later. What should the Officer do? What should the Officer tell the parent and should there be charges after three days have went by? Should the male get a warning citation at least if not charged?

Frankly if the Officer doesn't know what to do, the Officer perhaps shouldn't be an Officer in that situation.

Is that what you're saying? The Officer doesn't know how to do his/her job?

 

[FATMANYOU2]

Reply

Frankly if the Officer doesn't know what to do, the Officer perhaps shouldn't be an Officer in that situation.

Is that what you're saying? The Officer doesn't know how to do his/her job?

I think the Officer has a problem with Administration communication. The Assistant Principal did not notify the Officer until three days after the incident occurred. Nor did the AP notify the parent until the complainant told her father the day after.

 

[mistoffolees]

I think the Officer has a problem with Administration communication. The Assistant Principal did not notify the Officer until three days after the incident occurred. Nor did the AP notify the parent until the complainant told her father the day after.

Who are you and what are you hoping to accomplish?

 

[CavemanLawyer]

Even if the boy intended to grab the girls breast at most it still amounts to a Class C simple assault unless the girl is alleging that he caused her pain. It is entirely within the officer's discretion to issue a citation for this, refer the case to the juvenile court, or do nothing at all (based on results of his investigation of course.) Depending on the school's policy the officer may or may not call the district attorney's office first for advice.

If the parent of the victim is not satisfied with the officer's actions and want to press the option of criminal charges, they could attempt to file a citizen's complaint with the district attorney's office. In most counties the DA's office does not have original jurisdiction over class C offenses but since this is a juvenile matter (I figure 7th graders aren't going to be 17 yrs old no matter how many times they failed) the DA's office would have jurisdiction over a juvenile's delinquent behavior regardless of the offense(s) alleged. The most severe result for the boy would be that the charges were referred to the juvenile court. In that instance he could face adjudication and probation. Based on the description of what happened I'd be pretty surprised if that happened to be honest.