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  1. #1
    itosu Guest

    Default Bullying and Fight in a School

    Hi to all,

    First a couple of things. I'm new to this forum and I'm not a lawyer/law student, etc.(I guess that's why I'm posting this) so I apologize if it's not the right place for the post or if it's a really stupid question.

    Ok so my question is regarding that kid that was shown all over the internet fighting that bully in Australia(I know this is an American forum, so please bear with me). I started talking to a friend of mine whether the school has the authority to suspend the student who was defending himself(if we have proven that he only acted to protect himself).
    My understanding(or lack there of) is that if there is a national law that allows oneself to defend from a physical attack, an institution cannot penalize someone from exercising that right.
    I was under the impression that in a Democracy there is something like an inverted Pyramid where the constitution stands at the bottom, providing both the base and top of the system and that subjugates all the other levels(province law, regional law, institutions, etc.)

    Like I said I haven't studied law and would really like to be corrected if that's the case.

    Thank you very much.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: In Relation of What Happened in Australia (Fight in a School)

    My understanding(or lack there of) is that if there is a national law that allows oneself to defend from a physical attack, an institution cannot penalize someone from exercising that right.
    Your understanding is incorrect. Many American school districts have enacted Zero Tolerance policies, and these have been upheld by the courts.

    My own son was suspended under his school's ZT policy a few years ago when he punched another student in the head. The other student was STRANGLING him. I had to appeal the suspension to the school board (it was upheld), but the school did prosecute his attacker.

  3. #3
    Join Date
    Jun 2011
    Posts
    7

    Default Re: In Relation of What Happened in Australia (Fight in a School)

    You are well explained the fact here. Seems many have experiencing the same.

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