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Arrested for trespassing on school property? (long)

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Colbster

Junior Member
What is the name of your state? Missouri

well this all started during last football season, my unlce was at his sons 8th grade football game and was filming it. At the end my uncle was filming the sunset and a family member that he didn't get along with thought my uncle was filming him.

This family member got very angry and offended my uncle very much so. So at the next 8th grade game my father decided to defend his brother and after the game intentionally pointed the camera at him for no longer than 5 seconds. He did nothing more. He was no closer than 15 feet from him, and the lens cap was still on the camera.

The school's principal ran at my father and uncle and insisted they leave. After they left the principal has cops come and reports the incident. I thought this was odd as nothing really over the top happened and the principal made it out to be alot more than a feud between family members.

No more than a week later, my father gets a letter in the mail saying he is a disturbance to the school and because he makes the staff, students, and fellow fans feel threatened he has been kicked off all school grounds for good. I didn't think much of it right then because I quit all sports but then I realized he wasn't allowed to pick me up from school in the parking lot, have teacher conferences at the school, or even attend events for clubs I'm in. It really struck me when my mother was sitting alone when I was inagurated into National Honors Society.

Anyways, back on topic... We delt with this odd and unjust punishment for nearly all year but just this week my car wouldn't start and my dad came to jump start it in the parking lot. Cops came and said if he was on the property again he would be arrested for trespassing...

Is this fair? I feel because my father doesn't see eye to eye with the principal we have been discriminated against and it's really hurting me and my father's relationship considering he is never there for me from an educational standpoint anymore.

Please somebody lead me in the right direction on what to do and if this is fair from a legal standpoint to do what they're doing? My father is considering going to drop me off next week and waiting for them to arrest him so that he can get into court and defend himself. We are by no means legal experts but I just have a hunch this isn't fair...
 


CalifAtty-9

Junior Member
My response:

Please do not post to multiple forums. Choose one, only. Delete your duplicates, and choose one forum.

IAAL
 

Colbster

Junior Member
gotcha... and in repsonse the the girl calling us jerks... you gotta understand that my uncle was swore at like no tommarow and defended himself in no way.

My dad isn't affraid to stand up for what he thinks is right and that's what he did (even if it was a bit jerkish) The fact is he can't help me with anything on school grounds now because of this, and the guy who verbally attacked my uncle now works for the school as a technicle support guy....

I just need some feed back giving us light because my I really don't like my mom going to these things alone because of a family feud that the school stuck its nose in...
 
Did the school just say that your dad cannot access school grounds or is it court ordered? The courts, especially in Sped cases, have sided on the need for parents to access and participate in their child's education.

I would ask the school to put in writing their position. I understand denying short-term access, but permanent, double secret probation I just don't understand.
 

Colbster

Junior Member
double secret probation is a bad mother... :p

no but as far as we know they don't plan on letting him back on... and it isn't court ordered... just ordered by the superintendent... They have discrouraged us from taking it to court but will not let him back on property... It's rather frustrating...

I mean you can't kick him off school grounds just for being a prideful, arogant person when he did very little wrong, if anything... If a student did something like this would they kick him out of school for any time at all? it's pretty doubtful...... :S

how exactly should we go about it? Is it legally considered trespassing if it isn't court ordered?
 

weenor

Senior Member
Colbster said:
how exactly should we go about it? Is it legally considered trespassing if it isn't court ordered?
Yes because he has been told to stay away....if he's goes onto the property is subject to criminal trespass charges.
 

Colbster

Junior Member
alright... I just don't see this whole thing as fair though... I mean he is a taxpayer and didn't cause a disturbance to anyone other than the man who offended my uncle first, it was far off from the playing field and nobody else was around. I was surprised when the principal ran over there so fast...

a couple staff members shouldn't be able to do this... Infact out of curiousity I had a petition at school to allow him back on and I got about 75% of the school to sign it... it's rediculous!!!!!
 
What can your father do:

File a complaint with the state department of education.
Request that the school put in writing why they are denying access
Talk to a lawyer regarding denial of access
Civil disobedience (he first needs to ask for the reasons in writing and file a complaint)

I would challenge Dean Wormer's decision if you are telling the whole story.
 

Colbster

Junior Member
well, I don't know if the reason the school dislikes my dad will play into effect. You see I use to be a promising football player till I hurt my ankle and coach never started me the rest of the season, that angered my dad and he complained alot, but nothing more than the typical parent, you know like the dad off of Remember The Titans when his son gets taken out... (sorry that's just an example :p)

but nothing he did caused a disruption, everyone yells at football games and that was a year prior to this. I live in a town of 3,000 so small town football is big and bitterness towards the head coach's decision to sit me caused the principal to get a little protective of his coach, which I guess made him try and get rid of the problem (my dad)...

sorry if this makes it a little soap opera or something, I just don't know if that could in any way contribute to the decision of that day?

I'd really like my dad to be permitted back because my car is slowly falling apart and when my mom comes to help me start it up there is no telling how long that will take... thanks for the input...

and that is the WHOLE story... so yeah... enjoy....
 
Just as I think suspending students requires significant events and expulsion should be used in the rarest of circumstances, refusing to allow a parent access to a school forever should be an extraordinary situation. I don't think you described an extraordinary situation.

I would fight it, but another option is to transfer to another school if getting your dad onto campus is more important then the fight.
 

Colbster

Junior Member
nah, I have my senior year left and I'm not leaving for anything...

We'll try and do what you recommended. I need to talk to him and maybe we'll get a lawyer soon... thanks for the help!
 

GaAtty

Member
Your father should talk to an attorney who does civil rights. Most will not charge for initial consultation. This type of state action, including police action, is exactly their area. I do not think the school can exclude him from the property short of a court order. Nor do I think he can be arrested just because he comes on the property. It is a public school, and just because he comes on the property does not give sufficient probable cause for arrest. Your father may want to ask a civil rights attorney if they can contact the attorney for the school system and see if it can be worked out. He may have to pay them to do so, however, it would probably be the quickest solution. In my opinion, however, your father should be learning to act a little less juvenile and a little more like an adult who can control his personal likes and dislikes toward others when he is in public places. Had he been doing so, none of this would be necessary.
 

Colbster

Junior Member
thanks, I know the maturity level needs a step up, but what can I do? pretty much nothing...

So, I'll just focus on helping him get on school property. It isn't like he is a crap disturbor 24-7 or anything
 

Colbster

Junior Member
haha... sorry this is internet talk... I got a 28 on the act and a 27 on the english section... I'm content with my terrible forum writing skillz! ;)

btw, that comment was unnecessary, why hate on me when I did nothing to you?
 
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