victim rights of students?

[pakfam]

What is the name of your state?What is the name of your state? VA We are wondering if we have a case against the school or principal. My child was sexually assaulted during school hours on school property. She was traumatized and didn't tell anyone. The boy bragged, someone told the teacher, who told the principal. Both children were questioned in the office for 2 hours without parent or sheriff. Principal says he can investigate, make decisions, and discipline and isn't obligated to call anyone. The principal only talked to the boy who claimed both were consenting parties. The vice-principal tried to talk to my daughter but could see she was uncomfortable with him and referred her to a female guidance counselor. She informed couselor that she was forced and was unwilling in this act. Another girl said my child had said no when they were approached by boy. Principal chose to believe boy, to "err on the side of caution", and suspended both for 10 days and a school board disciplinary action hearing. I was called after school to be informed of the suspension. Principal wouldn't listen to the fact that my child was a victim because he didn't believe this act could be forced. Since he didn't believe a crime had been committed, he didn't notify a sheriff. I called the sheriff later that night after talking to a hotline that confirmed my child had classic signs of being a victim. Since the school conducted an improper investigation, the school board took 17 days to decide that they didn't know who to believe and allowed both children back into school. My child's schedule was changed so they wouldn't be in the same class but they still had lunch in close proximity. He called her some very unpleasant names and started rumors bad enough that she had to finish school with homebound instruction. Even though suspension is over, she was not allowed to attend a co-curriculum competition because this suspension happened during that 6 weeks. We feel the principal handled this poorly and ignored my child's rights as a victim and was denied due process. We feel the school victimized her further. Do we have a case?

 

[CdwJava]

While it is likely that the school staff are mandated reporters (of sexual abuse and domestic violence) this may not be the case in VA. If they are not required to report such things, then there may not be any liability upon them for failing to do so.

The matter may also hinge on what damage was created by the school's failure to report the incident to the police.

What has been the result of the criminal investigation by the Sheriff's Department?

Talk with a lawyer.

- Carl

 

[pakfam]

VA The criminal investigation has hit a few snags and is in limbo at the moment. Since the Sheriff wasn't there for the initial questioning at the school, they are having difficulties questioning the boy. He lawyered up right from the start and won't cooperate with the sheriff now. There was one "witness", but I believe rumors and her friendship with the boy's friend is distorting the truth for her and causing her to keep changing certain facts of the event. She's deemed unreliable. And there was something about presidence being set when the school board decided to let both children back into school. I'm concerned about school starting again and the possiblilty of the boy being in some of her classes to verbally or physically torture her again.

 

[CdwJava]

It seems that the investigation is thus at a standstill.

What was the nature of the sexual assault? I am assuming it was a fondle or grope of some kind and NOT rape.

It may be that the best you can hope for from the school at this point is that they do not put the two children in the same class next year. You might also consider transferring your child to another school if she has such a high fear of this other kid. The school should have an obligation to rein in the other kid's comments and harassment, but aside from that there may be little that can be done ... unless you get a restraining order of some kind.

Bottom line is that if the incident has two conflicting tales and no way to get at the real truth, then any action taken by the school is going to result in upset parents. If they discipline the other child his parents will say their child did nothing wrong and is getting punished for nothing (or for a consensual act). It's really a no win situation for the school, and I am not at all surprised that they are playing neutral on the matter. If even the police can't sort it out, then nobody is going to expect the school to do so.

You migth consider consulting an attorney so as to avail yourself of options that might be available in your state for this matter.

- Carl