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Son beaten up at college

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ntko

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My son, 23, is attending college (commuter). During one of his classes, he misinterpreted (maybe)a snide comment or snickering made by two other students. (They denied saying anything derogatory)My son responded by saying, "oh, they're just being stupid and immature". With that, one of the students threatened him and, in fact, waited to meet him after class along with the other student. These two students did, indeed, wait for my son after class and proceeded to threaten to beat him up, damage his car and literally followed my son all the way to his next class. My son tried to calm them down and get them away from him but nothing worked. One of them lunged at my son, who, then, in defense, pushed him away. The other student then punched my son very hard in the head by his temple and threw him against the wall. Security came and broke up the scene, reports were filed, police reports were filed,we spoke to security and police afterwards and the case is now in the hands of the judicial committee of the college. There were eye witnesses to the whole incident. We were told that these two other students would most likely be suspended from school but nothing has happened as of yet. In fact, they were back in my son's class the following scheduled day. The matter is still being investigated by the college. My question is this; can we take action against these students for assault and battery? My son had a bad headache all that night, had cuts on his hand, and was supposed to take a midterm the next morning but couldn't because he wasn't able to study the night before. The midterm was rescheduled anyway by the teacher. He is also a special ed. student (learning disabled) This occurred about 3 weeks ago. Any advice? Thanks.
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ntko:
My son, 23, is attending college (commuter). During one of his classes, he misinterpreted (maybe)a snide comment or snickering made by two other students. (They denied saying anything derogatory)My son responded by saying, "oh, they're just being stupid and immature". With that, one of the students threatened him and, in fact, waited to meet him after class along with the other student. These two students did, indeed, wait for my son after class and proceeded to threaten to beat him up, damage his car and literally followed my son all the way to his next class. My son tried to calm them down and get them away from him but nothing worked. One of them lunged at my son, who, then, in defense, pushed him away. The other student then punched my son very hard in the head by his temple and threw him against the wall. Security came and broke up the scene, reports were filed, police reports were filed,we spoke to security and police afterwards and the case is now in the hands of the judicial committee of the college. There were eye witnesses to the whole incident. We were told that these two other students would most likely be suspended from school but nothing has happened as of yet. In fact, they were back in my son's class the following scheduled day. The matter is still being investigated by the college. My question is this; can we take action against these students for assault and battery? My son had a bad headache all that night, had cuts on his hand, and was supposed to take a midterm the next morning but couldn't because he wasn't able to study the night before. The midterm was rescheduled anyway by the teacher. He is also a special ed. student (learning disabled) This occurred about 3 weeks ago. Any advice? Thanks.<HR></BLOCKQUOTE>

My response:

Well, you, yourself, can't do anything. Your son is an adult and, unless he is "incompetent" (you did say he was learning disabled), then it is he who, with the help of an attorney, files an action for Civil Assault & Battery, amongst other causes of action and various forms of damages. If the police arrested these boys, and they are involved in a "Criminal" action, and if they plead guilty, then your boy could use that plea against them in the Civil lawsuit. However, if the boys plead "No contest," then that cannot be used in your son's lawsuit. If the action being taken against them is strictly with the college, then that information "might" be able to be used by your son.

Good luck. And see an attorney as soon as possible.

IAAL




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