Unsure about the legality of all of this. HELP

[quincy]

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

Although I think it is smart for Longsally to speak with her attorney about her online discussion of what is happening at her school, I have seen nothing in what has been related so far in this thread that would or could harm Longsally or her son or others.

Several similar stories of bullying in schools have been published by kids and their parents and these online publications have lead to not only a greater awareness of the problem and how widespread it is, these publications have also lead to proposed solutions to the problem and to laws being enacted in several states.

But, yes, speaking with one's attorney is not a dumb idea.

 

[Longsally1112]

well.....

My thoughts is.....from what I have posted, you know my state, not my city, not my school district, not the name of the school, my sons name, my name or any other identifying information. I did tell him I was writing and his statement was along the lines of "no identifying information" and that is what I have followed. I guess at this point, I am trying to decide, since the bullying seems to have massively slowed down, if we should go any further.

 

[Longsally1112]

sad ending

I wanted to give you all the ending to this horrible saga......I met with the superintendent of schools and he ended up having a meeting with the principal of the school and then I went in today. In the end, they are simply saying that even though there is camera footage that clears my son of two of the 5 allegations and one boy retracted one of the allegations, they cannot prove or disprove the other two and do they are simply saying that. "they can not prove or disprove". I want my son cleared and I was told that one of the parents is still calling for my son to be criminally charged. I asked specifically if the boys were notified that the cameras showed their were untruthful and the answer I got was yes and they still insist that it happened, even after the cameras proved otherwise. No further action is being taken and I then asked if the parents were notified and I was told yes, they know about the story changing and retraction and the camera footage and still believe their kids. The attorney said there is no way to sue them for filing a false police report as officially they did not file one and I can sue them for making the allegations but since the school is saying what they are saying, even thought we know that they lied, there is no proof and worse, they could counter sue.....although for what I do not know. I was told by the principal that I could contact the other parents by e-mail but she doubts that I will get the resolution I am looking for. So my son must now continue on under this cloud for the rest of his school career......I am at a loss......

 

[quincy]

I wanted to give you all the ending to this horrible saga......I met with the superintendent of schools and he ended up having a meeting with the principal of the school and then I went in today. In the end, they are simply saying that even though there is camera footage that clears my son of two of the 5 allegations and one boy retracted one of the allegations, they cannot prove or disprove the other two and do they are simply saying that. "they can not prove or disprove". I want my son cleared and I was told that one of the parents is still calling for my son to be criminally charged. I asked specifically if the boys were notified that the cameras showed their were untruthful and the answer I got was yes and they still insist that it happened, even after the cameras proved otherwise. No further action is being taken and I then asked if the parents were notified and I was told yes, they know about the story changing and retraction and the camera footage and still believe their kids. The attorney said there is no way to sue them for filing a false police report as officially they did not file one and I can sue them for making the allegations but since the school is saying what they are saying, even thought we know that they lied, there is no proof and worse, they could counter sue.....although for what I do not know. I was told by the principal that I could contact the other parents by e-mail but she doubts that I will get the resolution I am looking for. So my son must now continue on under this cloud for the rest of his school career......I am at a loss......

If the school cannot "prove or disprove" all of the statements that have been made by the boys about your son, I can see where the school may be reluctant to take any action against them. But the proving or disproving of the statements does not excuse the boys' bullying behavior. Their remarks to others in the school, whether true or false, are still unacceptable and the school seems to have ignored this.

A defamation suit filed against the boys would require that the boys provide proof of the truth of their statements, in order to use truth as a defense to the claim of defamation. This would be impossible for them to do (although they can each support the other with witness testimony). Even so, this would not be an easy defamation action for you to pursue and could, in the end, cause more harm than good.

I am also at a loss. What you decide to do at this point is up to you, Longsally. I understand it will not be an easy decision. Good luck to you and your son.

 

[not2cleverRed]

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.

Hm... I thought we weren't supposed to make that an issue any more. Hate speech and all.

I mean, they're calling him "gay" because they're a bit homophobic, right?

 

[I'mTheFather]

Sally, check this out and then ask your lawyer about it. You don't need your lawyer to file a complaint, but I'd ask his advice. (I assume your son attends a public school.)

http://www2.ed.gov/about/offices/list/ocr/index.html