[Syndilu25]

My question involves juvenile law in the State of: CA

My son was suspended yesterday for sexual harassment. The copy of the suspension form says that he physically removed clothing from a peer during class and that he lied to the principal. After speaking at length with my son about the facts, I found out several things. There were several boys involved in this incident.

The principal's "investigation" included telling the boys that they each had to "snitch" on their friends or they would all get in trouble and that they could not leave if they didn't tell her "something". I don't know the stories they all told but my son's account is that he never touched the peer. It was another boy in his class who was the offender, who happens to sit next to the victim.

After being told the police could be involved, my son felt the only way to end the interrogation was to admit to being the offendor. The part regarding "lying to the principal" was then brought forward because he first denied doing anything, then admitted to it later under coercion by the principal. He vehemently denies doing anything except watching this unfold in class. The principal also told him that even if he was not the offender that he was responsible for not speaking up about it.

I don't know what kind of evidence the principal has for finding my son at fault but I'm furious at the fact that he felt compelled to admit to something he didn't do. We are meeting w/ the principal this morning and are asking her to revise the suspension to reflect that he in fact DID NOT remove the clothing from his peer, but was a witness to it. We DO NOT want our son's record to reflect something completely false. If they do not agree to revise the record then we are considering speaking to a lawyer. What kind of recourse would we have in this sort of situation?

Any advice would be appreciated.

[cyjeff]

Schools are not courts of law.

If your son admitted to something, the principal can only go by the admission.

If your son was questioned but DIDN'T tell the principal who did do it, he is as guilty (even in a court of law) as the one that did by aiding and abetting.

I don't know how to say this in a nice way... but take it as something to think about from the parent of a teenager.

Why would your son lie to the principal but would only tell YOU the truth? In other words, how do you know he/she isn't lying NOW instead of THEN?

[cyjeff]

One more thing....

May I assume that your use of the word "peer" was designed to avoid using the word "girl"?

Why would you do that? Are you trying to minimize the action?

[BOR]

I don't know what kind of evidence the principal has for finding my son at fault but I'm furious at the fact that he felt compelled to admit to something he didn't do. We are meeting w/ the principal this morning and are asking her to revise the suspension to reflect that he in fact DID NOT remove the clothing from his peer, but was a witness to it. We DO NOT want our son's record to reflect something completely false. If they do not agree to revise the record then we are considering speaking to a lawyer. What kind of recourse would we have in this sort of situation?

Any advice would be appreciated.

School suspensions are scrutinized under the Due Process clause of the 14th Amendment. IF he admitted to such, it appears to satisfy that requirement.

IF he was pressured/coerced, and admitted guilt when he was innocent, if he wishes to recant with you by his side, do so.

[cyjeff]

School suspensions are scrutinized under the Due Process clause of the 14th Amendment. IF he admitted to such, it appears to satisfy that requirement.

IF he was pressured/coerced, and admitted guilt when he was innocent, if he wishes to recant with you by his side, do so.

I am not trying to be argumentative, but that is the first time I have heard that a school suspension must be benchmarked against the 14th.

Do you have case law I could read? Learn something new everyday.

[BOR]

I am not trying to be argumentative, but that is the first time I have heard that a school suspension must be benchmarked against the 14th.

Do you have case law I could read? Learn something new everyday.

Just key in; Procedural Due Process + School Suspensions:

Here is one case though, it cites Tinker, which I have mentioned before on the board. I used to have a friend who was a teacher and used to look up school law to impress her! It only half worked!!

In part:

Held:

1. Students facing temporary suspension from a public school have property and liberty interests that qualify for protection under the Due Process Clause of the Fourteenth Amendment. Pp. 419 U. S. 572-576.




http://supreme.justia.com/us/419/565/case.html


Now, the posters state constitution may have additional protections under it's Due Process provision or that may intermix with the federal.


Now, it is my understanding that a hearing on the suspension must ensue the act.

The School Board, which is also a govenment entity, per the SC, should have the procedure outlined in it's manual/policies on suspensions and expulsions.

[Syndilu25]

Thanks to both of you for replying to my message. Since posting, my husband and I met w/ the principal and left with a somewhat more clear understanding of what happened. Undoubtedly, there are many layers to the story and we didn't think it was worth rehashing after our 45 minute conversation. The issue I had from the beginning was whether she bullied him into the admission. She denied telling him that police would be involved or that she told him he could not leave until he told her "something". She even changed her story a bit in the end saying that boys were daring each other. She never mentioned that in the beginning of the conversation and my son never mentioned that. She first produced my son's written account of events, in which he denied doing anything. Then his written admission. It was written by him, but it didn't sound like his words. It was written too clearly. He tends to not write that clearly. She also defended her extensive training in dealing with these kind of discipline tactics.

In the end, you are correct. My son is guilty by his own admission. He still claims his innocence and understands that by admitting to doing the act is the same as doing it. We have to face the fact that he may very well have lied to her and to us. As a mother though, my intuition still leaves an uneasy feeling in my gut. As for the evidence the principal gathered, her investigation of 20+ kids in the class produced 3 eye witnesses, including the victim.

There is no defending a wrong here. I hold my son accountable for any involvement in this terrible situation. He has dealt with the punishment the school handed out and he is still dealing with our own punishment for this whole ordeal. There were many lessons learned and I can only hope that we won't be dealing w/ any issues concerning sexual harrasment again.

CYJEFF - I was not trying to hide anything when I wrote "peer". I was merely using the term that was written on the suspension form. There is nothing wrong with wanting to be provided with evidence, a true telling of events and defending of one's child if I think he is innocent.

This is a great forum and I appreciate all your knowledge and opinions.