• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Double Jeopardy?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

lorraineg57

Junior Member
First off, I'm in Pennsylvania.

Hey all,

Hope someone can help me out here.

My son who is 18 is due to graduate June 10. I got home from work early yesterday and he comes bopping in at 1:30 in the afternoon. Seems he got suspended for for three days for being "involved" in a food fight in the cafeteria. He got suspended by one of the two vice principals. It just so happened that I was waiting for a call from the other VP at the school. Scott's been talking about dropping out all year and this other VP who I'll call VP2 really took Scott under his wing and encouraged him to stick it out and graduate and I was just waiting for him to call me back because I wanted to make sure that he was passing all his classes, etc. So, VP2 calls me back and I mention that I want to know what happened with the food fight. He proceeds to tell me that 8 or 9 kids got 10 days suspension, their parents were called and had to come get them for starting the food fight. I said "Well, no one called me." He says "That's because it didn't concern you". I said "Well then why did Scott get 3 days out?"
He had no idea that Scott had been sent home or was involved in any way.

Scott says he admitted to VP1 that he threw food (along with half the cafeteria) and that's when he got suspended for 3 days and sent home. He wasn't even sitting with his friends when all this started, he was sitting at his girlfriends table. Scott also said that VP1 said something about having to go to a "hearing" at the school.

Flash forward to today. We get a certified letter in the mail stating that he's being disciplined for "complete disregard of school regulations" with 3 days suspension and they're considering "further disciplinary action". We have to attend a "hearing" at the school where he's allowed to present witnesses on his behalf.

I have no idea what we're supposed to "defend" him against as no one has told me exactly what he's supposedly done. Legally, don't they have to tell him in writing? Well, "complete disregard of school regulations" is pretty broad, don't you think?

They've already dealt with the kids that started it. It's my understanding that they usually have a hearing when it's a 10 day suspension, not 3 days. I thought they'd already decided on his part in it (throwing food) and doled out his punishment, the 3 days. I don't understand how they can now make him go to a hearing to decide his punishment? And if he's to have a hearing to decide whether "further action" should be taken, shouldn't he have not gotten the 3 days? From what I've found online, if he's to have a hearing for a 10 day suspension, he should be allowed to attend classes until the hearing? It seems to me like they're kind of trying him twice for the same offense?

The school is telling me I can get all my questions answered at the hearing...well, isn't that a little "after the fact"? He'll be done with the 3 day suspension by then. You can ask fellow students to testify on your behalf, but the school requires that those students parents be present. How the heck am I supposed to expect these parents to miss work because my son needs their kid to testify on his behalf?

Also, apparently almost half the cafeteria was throwing food. One kid threw a food tray and didn't get any disciplinary action.

Can anyone offer any wisdom here?

This is a school district BTW that suspended over 40 kids earlier this year for wearing Tshirts that said "***** Area Penitentiary". It was in the local paper and everything.

Lorraine
 


Crazed98

Member
Well your son admitted to throwing food I'm sure not half the cafeteria admitted to that so he is going to be disciplined.

The ones who got 10 days might have been caught in the act or did something a little more serious.

But overall it seems like that school is not very organized and is out of control.
 

Veronica1228

Senior Member
lorraineg57 said:
First off, I'm in Pennsylvania.

Hey all,

Hope someone can help me out here.

My son who is 18 is due to graduate June 10. I got home from work early yesterday and he comes bopping in at 1:30 in the afternoon. Seems he got suspended for for three days for being "involved" in a food fight in the cafeteria. He got suspended by one of the two vice principals. It just so happened that I was waiting for a call from the other VP at the school. Scott's been talking about dropping out all year and this other VP who I'll call VP2 really took Scott under his wing and encouraged him to stick it out and graduate and I was just waiting for him to call me back because I wanted to make sure that he was passing all his classes, etc. So, VP2 calls me back and I mention that I want to know what happened with the food fight. He proceeds to tell me that 8 or 9 kids got 10 days suspension, their parents were called and had to come get them for starting the food fight. I said "Well, no one called me." He says "That's because it didn't concern you". I said "Well then why did Scott get 3 days out?"
He had no idea that Scott had been sent home or was involved in any way.

Scott says he admitted to VP1 that he threw food (along with half the cafeteria) and that's when he got suspended for 3 days and sent home. He wasn't even sitting with his friends when all this started, he was sitting at his girlfriends table. Scott also said that VP1 said something about having to go to a "hearing" at the school.

Flash forward to today. We get a certified letter in the mail stating that he's being disciplined for "complete disregard of school regulations" with 3 days suspension and they're considering "further disciplinary action". We have to attend a "hearing" at the school where he's allowed to present witnesses on his behalf.

I have no idea what we're supposed to "defend" him against as no one has told me exactly what he's supposedly done. Legally, don't they have to tell him in writing? Well, "complete disregard of school regulations" is pretty broad, don't you think?

They've already dealt with the kids that started it. It's my understanding that they usually have a hearing when it's a 10 day suspension, not 3 days. I thought they'd already decided on his part in it (throwing food) and doled out his punishment, the 3 days. I don't understand how they can now make him go to a hearing to decide his punishment? And if he's to have a hearing to decide whether "further action" should be taken, shouldn't he have not gotten the 3 days? From what I've found online, if he's to have a hearing for a 10 day suspension, he should be allowed to attend classes until the hearing? It seems to me like they're kind of trying him twice for the same offense?

The school is telling me I can get all my questions answered at the hearing...well, isn't that a little "after the fact"? He'll be done with the 3 day suspension by then. You can ask fellow students to testify on your behalf, but the school requires that those students parents be present. How the heck am I supposed to expect these parents to miss work because my son needs their kid to testify on his behalf?

Also, apparently almost half the cafeteria was throwing food. One kid threw a food tray and didn't get any disciplinary action.

Can anyone offer any wisdom here?

This is a school district BTW that suspended over 40 kids earlier this year for wearing Tshirts that said "***** Area Penitentiary". It was in the local paper and everything.

Lorraine
Lorraine, I don't see a legal question here. You are not going to a hearing in a court of law, you are going into a school board hearing. Can you be more specific on what your legal question is?

Also, what does any of this have to do with Double Jeopardy?
 

lorraineg57

Junior Member
I guess I don't understand how they can punish him twice for the same offense. They gave him 3 days out for throwing food and now we have to go to a hearing so they can decide if he should have further punishment. His punishment was the 3 days out.

If they decide now that his further punishment is that he can't take his finals, he won't graduate.

Unless they're going to try and punish him for something else, in which case, don't we have a right to know exactly what that is BEFORE the hearing? It's pretty tough to bring in witnesses on your behalf when you don't know what you're defending yourself against.


Isn't trying or punishing him twice for the same offense double jeopardy?

Lorraine
 

lorraineg57

Junior Member
Yes, he admitted to throwing food. We taught him that if he told the truth, he'd get in trouble but not as much trouble as if he lied about things. So much for that logic.

The kids that got 10 days out were the ones responsible for starting the food fight.

It's a very large school district, the food fight was supposedly a senior prank.

Lorraine
 

rmet4nzkx

Senior Member
He admitted to participating but not starting the food fight, yes, if there is a question they can give a provisional punishment and modify it later if there is futher cause, it is school policy not state or federal law. Remember, the school gets money when students attend so it is in the school districts best interest and the students best interest to sttend school. If for some reason your son is unable to take finals ask if there can be a make up? If not there is always adult school. Senioritis starts about January :rolleyes:
 

lorraineg57

Junior Member
Update: The school district is persuing the matter with the police. My son will now have a record and be charged with either disorderly conduct or inciting a riot for being involved with starting a food fight. What a screwy world.

Lorraine
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top