Unsure about the legality of all of this. HELP

[Longsally1112]

well.....

well, my son came home from school and stated that he heard several children in class talking about the situation and they heard about it from the original accuser. Keep in mind that these kids were expressly told by the officer and the vp not to discuss the situation. The genie is out of the bottle. Not only are the kids talking, I guarantee the parents are as well.

We have a meeting with the vp and the principal on Friday morning because I do not like the way this entire situation was handled. My child was accused, mirandized and questioned without an adult present, the children were allowed to change their stories and my son now has to live under a cloud of suspicion. He is now telling me (he is 11) that he doesn't want to try out for soccer next year and is going to skip the Carowind's amusement park trip at the end of the year because he thinks everyone thinks he is a pervert and won't want to be near him.

We will probably have to change schools because of this and it breaks my heart. When we told him that he might have to change schools, he asked me if he could home school, stating that he did nt want to go anywhere else because he could be accused again. We have asked to speak to the other parents involved and were told by the school...no. Since we don't know them or their full names, we have no way to contact them. We did speak to an attorney already and he said the officer had the right to question our child but that if he had made any incriminating statements, they would not have been admissible in court as our son did not understand his rights.

I am so sad for him......

 

[quincy]

well, my son came home from school and stated that he heard several children in class talking about the situation and they heard about it from the original accuser. Keep in mind that these kids were expressly told by the officer and the vp not to discuss the situation. The genie is out of the bottle. Not only are the kids talking, I guarantee the parents are as well.

We have a meeting with the vp and the principal on Friday morning because I do not like the way this entire situation was handled. My child was accused, mirandized and questioned without an adult present, the children were allowed to change their stories and my son now has to live under a cloud of suspicion. He is now telling me (he is 11) that he doesn't want to try out for soccer next year and is going to skip the Carowind's amusement park trip at the end of the year because he thinks everyone thinks he is a pervert and won't want to be near him.

We will probably have to change schools because of this and it breaks my heart. When we told him that he might have to change schools, he asked me if he could home school, stating that he did nt want to go anywhere else because he could be accused again. We have asked to speak to the other parents involved and were told by the school...no. Since we don't know them or their full names, we have no way to contact them. We did speak to an attorney already and he said the officer had the right to question our child but that if he had made any incriminating statements, they would not have been admissible in court as our son did not understand his rights.

I am so sad for him......

You might find some interest in the following National School Board Association site with its discussion of the federal appellate court decision in Anthony Zeno v. Pine Plains Central School District, No. 10-3604 (2d Cir, Dec. 3, 2012): http://legalclips.nsba.org/2012/12/06/federal-appellate-court-upholds-1m-jury-verdict-against-new-york-district-for-student-on-student-racecolor-harassment/

Here is a link to the Cyberbullying Research Center site with a discussion of the same case: http://cyberbullying.us/anthony-zeno-v-pine-plains-central-school-district/

Here is a link to the Opinion itself: http://www.justice.gov/crt/about/app/briefs/zenoopinion.pdf

The case discussed above was extreme but many of these cases tend to be.

Good luck on Friday.

 

[Longsally1112]

meeting was today

Thank you for the info. We met with the principal and VP today and they have informed me that my son has been completely cleared of this and they want to help him get past this as much as possible but they also told me that they are not going to expel or even suspend these boys for what they did. I told them that there had better be an apology coming and it better be a good one and that I wanted the parents of these kids called and informed that my child has been completely cleared by camera...They basically told me that kids are resilient and that my son will get past this with time. I pointed out that this was not just some little shoving match and that these were serious allegations that could have had my child removed from my custody and placed in juvenile detention!!!!! I also informed them that the parents are legally responsible for the actions of their kids and that I am contemplating holding them responsible for the damage to my kid's reputation and the daily torture he has to endure at school because of their lies. I have NO intentions of just letting this die. I also was asked if it was ok to notify the teachers what was going on (more eyes and ears) and I stated that was fine, as long as the teachers knew that my child was innocent of the charges. My attorney told me to give it two weeks and see what happens. We then might have to go to the school board. time will tell

 

[quincy]

Thank you for the info. We met with the principal and VP today and they have informed me that my son has been completely cleared of this and they want to help him get past this as much as possible but they also told me that they are not going to expel or even suspend these boys for what they did. I told them that there had better be an apology coming and it better be a good one and that I wanted the parents of these kids called and informed that my child has been completely cleared by camera...They basically told me that kids are resilient and that my son will get past this with time. I pointed out that this was not just some little shoving match and that these were serious allegations that could have had my child removed from my custody and placed in juvenile detention!!!!! I also informed them that the parents are legally responsible for the actions of their kids and that I am contemplating holding them responsible for the damage to my kid's reputation and the daily torture he has to endure at school because of their lies. I have NO intentions of just letting this die. I also was asked if it was ok to notify the teachers what was going on (more eyes and ears) and I stated that was fine, as long as the teachers knew that my child was innocent of the charges. My attorney told me to give it two weeks and see what happens. We then might have to go to the school board. time will tell

I am glad to hear the videos supported your son's contention that the other boys were lying.

There is a two-year statute of limitations for filing a defamation claim in South Carolina (the time within which you must file a suit), so you do have time to wait and see what happens at the school, with the parents of the boys and with the boys involved before making any decision.

 

[Longsally1112]

My son returned from school today and again found the one lying child talking about what happened to another kid. It was reported to the vp who stated earlier that the child was warned if he continued, that he was going to suspend the kid. Now, we have to see if he follows through. I am giving them until Friday next week.

 

[quincy]

My son returned from school today and again found the one lying child talking about what happened to another kid. It was reported to the vp who stated earlier that the child was warned if he continued, that he was going to suspend the kid. Now, we have to see if he follows through. I am giving them until Friday next week.

It appears the lying boy has not experienced any (or sufficient) negative consequences yet. Perhaps a suspension will have an impact on his behavior.

Thank you for the update. Let us know what the school does.

 

[stealth2]

My son returned from school today and again found the one lying child talking about what happened to another kid. It was reported to the vp who stated earlier that the child was warned if he continued, that he was going to suspend the kid. Now, we have to see if he follows through. I am giving them until Friday next week.

Again - the school is under no obligation to discipline the other boys to your liking. Why does your son even know what the other kid is saying? He should be learning to walk away from the gossip, rather than participating (which really is what he is doing by coming home to tell it all to you).

 

[quincy]

Again - the school is under no obligation to discipline the other boys to your liking. Why does your son even know what the other kid is saying? He should be learning to walk away from the gossip, rather than participating (which really is what he is doing by coming home to tell it all to you).

I disagree that the son should walk away from the gossip and not tell his parents. He needs to tell his parents (or those in authority) what is going on in school, especially when what is going on is of the nature described here.

 

[Longsally1112]

Stealth, he did walk away and went straight to the VP to report what was said. These kids have been warned over and over to stop talking about the allegations, especially since my son was cleared but this one child seems intent on damaging my son as much as possible. He now has to endure a school where he gets things thrown at him, gets called names in the hallway etc...and it was all lies!!!! Yes, he knows what was said. I would have thought that considering the seriousness of the charges brought against my son, that they would atleast get a suspension but...nothing has happened. My attorney said that since we have a police report that clears my son and a school report that shows the inconsistencies in their stories and statements that the cameras cleared my son, that we have a defamation case as my son is going to start therapy soon. I think my attorney requesting the report from the school is a shot across their bow so to speak.

 

[quincy]

Stealth, he did walk away and went straight to the VP to report what was said. These kids have been warned over and over to stop talking about the allegations, especially since my son was cleared but this one child seems intent on damaging my son as much as possible. He now has to endure a school where he gets things thrown at him, gets called names in the hallway etc...and it was all lies!!!! Yes, he knows what was said. I would have thought that considering the seriousness of the charges brought against my son, that they would atleast get a suspension but...nothing has happened. My attorney said that since we have a police report that clears my son and a school report that shows the inconsistencies in their stories and statements that the cameras cleared my son, that we have a defamation case as my son is going to start therapy soon. I think my attorney requesting the report from the school is a shot across their bow so to speak.

Unfortunately, your son is one of many children across the country who has experienced this type of bullying behavior. It is not the "innocent" type of teasing or gossip that kids suffered through years ago. The type of comments made today, and the places where they make them, can be far more damaging to the victim.

I hope your son has good support from friends at school, Longsally. It is hard for a child to be ostracized from all of his classmates.

I honestly don't think some kids realize how harmful their words and actions can be. They can find an odd sort of humor or power in putting others down. Although it is probably too early for a mediated meeting with the parents of the bully and the bully, eventually that might be a way for some healing to occur. But a defamation suit is also a possible consideration, depending on what happens at school, so I am glad you have an attorney looking into that.

Please let us know what happens on Friday.

 

[Longsally1112]

Update

I just wanted to give a quick update. My son was never sent to the school counselor,, the boys were not re questioned as far as we know, no apology was issued. My attorney thinks they are trying to ride this out until the end of the school year and will take no action. He has asked me to write to them on this coming Friday and ask what was done. After they respond, if everything was not done, he is arranging a meeting with the superintendent of schools and the city attorney. He told me he doubts that they know what all took place. I have also since learned that these same boys were calling my son gay before they made the allegations. Just two days ago my son was siting reading before school in the lunch room and another boy went up to him and said "come on, we all know your gay. Why not just admit it". My son was too stunned to speak and thank god another boy was near by and spoke up saying that my son was not gay and that he should stop being s bully. The attorney is going to ask that they be removed and sent to their home base school.

 

[I'mTheFather]

I just wanted to give a quick update. My son was never sent to the school counselor,, the boys were not re questioned as far as we know, no apology was issued. My attorney thinks they are trying to ride this out until the end of the school year and will take no action. He has asked me to write to them on this coming Friday and ask what was done. After they respond, if everything was not done, he is arranging a meeting with the superintendent of schools and the city attorney. He told me he doubts that they know what all took place. I have also since learned that these same boys were calling my son gay before they made the allegations. Just two days ago my son was siting reading before school in the lunch room and another boy went up to him and said "come on, we all know your gay. Why not just admit it". My son was too stunned to speak and thank god another boy was near by and spoke up saying that my son was not gay and that he should stop being s bully. The attorney is going to ask that they be removed and sent to their home base school.

Is your son notifying an administrator every single time something like this happens? If not, he must.

I'm pretty sure you can't dictate the actions the district must take, nor be informed of any consequences. However, you can and should expect the district to put an end to the bullying. If they don't (and they haven't), then you have other options.

I wouldn't wait until Friday. I'd write the school now, let them know the bullying continues, they have not put an end to it. I would deliver the letter tomorrow. Also, I don't know why the attorney is waiting to meet with the superintendent. The meeting should already have taken place. Especially if he thinks the superintendent is unaware!!!

 

[Longsally1112]

Is your son notifying an administrator every single time something like this happens? If not, he must.

I'm pretty sure you can't dictate the actions the district must take, nor be informed of any consequences. However, you can and should expect the district to put an end to the bullying. If they don't (and they haven't), then you have other options.

I wouldn't wait until Friday. I'd write the school now, let them know the bullying continues, they have not put an end to it. I would deliver the letter tomorrow. Also, I don't know why the attorney is waiting to meet with the superintendent. The meeting should already have taken place. Especially if he thinks the superintendent is unaware!!!

well I sent the e-mail asking what was done. I recieved a call telling me that 1. There will be no apology from the kids as the assistant VP thinks they are worthless if they are not meant. 2. he stated that "they have gone as far as they are going to with the kids" which is a way of telling me that they are not going to requisition the kids 3. They state they spoke to the parents but will not tell me what was said 4. I pointed out that my son still had not heard anything from the school counselor and I was told that she was very busy but would get to my son as soon as possible. She pulled my son the next day (Tuesday) and told him that she had just been informed that morning about the situation. Apparently they forgot to tell her what was going on.

We have just returned from spring break this week and things have died down, nothing has been said to my son and he is hoping for smooth sailing. My husband still thinks we should have the meeting with the superintendent of schools anyway. I did look up the bullying policy for our district and under the resource officer section it states the following: "When law enforcement officers find it necessary to question a student during the school day regarding matters not connected to the school, the principal or his/her designee shall cooperate with law enforcement and shall request to be present, so long as his/her presence does not impede the investigation. The principal or his/her designee should make a reasonable attempt to contact the student’s parent/legal guardian and request his/her presence." They did contact me, but not until AFTER he was mirandized and questioned and I do not know if anyone was present when the officer questioned him. FYI..my son is reporting every incident that occurs to me and the VP.

 

[quincy]

well I sent the e-mail asking what was done. I recieved a call telling me that 1. There will be no apology from the kids as the assistant VP thinks they are worthless if they are not meant. 2. he stated that "they have gone as far as they are going to with the kids" which is a way of telling me that they are not going to requisition the kids 3. They state they spoke to the parents but will not tell me what was said 4. I pointed out that my son still had not heard anything from the school counselor and I was told that she was very busy but would get to my son as soon as possible. She pulled my son the next day (Tuesday) and told him that she had just been informed that morning about the situation. Apparently they forgot to tell her what was going on.

We have just returned from spring break this week and things have died down, nothing has been said to my son and he is hoping for smooth sailing. My husband still thinks we should have the meeting with the superintendent of schools anyway. I did look up the bullying policy for our district and under the resource officer section it states the following: "When law enforcement officers find it necessary to question a student during the school day regarding matters not connected to the school, the principal or his/her designee shall cooperate with law enforcement and shall request to be present, so long as his/her presence does not impede the investigation. The principal or his/her designee should make a reasonable attempt to contact the student’s parent/legal guardian and request his/her presence." They did contact me, but not until AFTER he was mirandized and questioned and I do not know if anyone was present when the officer questioned him. FYI..my son is reporting every incident that occurs to me and the VP.

Thank you for the update, Longsally.

It appeared from the start that the school was not exactly operating under its own rules for bullying, let alone the state rules. I am sorry that they do not seem to be moving forward with any action against the boys.

It is good that your son is continuing to report all incidents. It is especially good that things seem to be dying down a bit in school.

Perhaps the counselor can help your son where the school officials haven't. Hope so.

 

[PaulMass]

My attorney thinks...
The attorney is going to ...

I suggest you listen to your attorney, and double check that he OK with you posting your story on the internet.