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  1. #1
    Join Date
    Dec 2007
    Posts
    18

    Angry My Son Was Falsely Accused by His School

    My question involves defamation in the state of: New York

    Recently someone in my son's 6th grade class gave a threatening and disturbing note to one of the teachers. My son was accused of writing the note because the handwriting "looked" like his and he has been written up by this teacher a few times during the year. Several other students have been written up as well, if not more than my son has.
    Anyway, my son was suspended for 3 days and a letter of suspension and the reason was put in his file. After speaking with my son about the incident and comparing his handwriting to the letter myself for several days I realized that my son was indeed telling the truth when he so vehemently denied writing the letter.
    We then had an expert handwriting analysis done on the letter and my son's handwriting. The report came back stating that my son DID NOT write the letter.
    This is a small school in a small community and everyone knew of his suspension and the reason for it.
    We scheduled a meeting with the principal and gave him a copy of the report and a letter stating what our family has been through due to this false accusation and what we would like to be done as a result of the report.

    They are as follows:
    1. An apology be given to my son.
    2. His teachers, superintendant and guidence councellor be notified.
    3. His classmates be told of his innocence.
    4 Reimbursement for the $500 to have the analysis done to prove his innocence.
    5. The suspension be removed from his record.

    They agreed to do everything BUT tell his classmates that he did not write the letter. That is one of the only things my son wants done. To have his fellow classmates officially told that he did not write the note, and that he be aplogized to. The mental anquish and emotional stress that this has caused our entire family has been almost unbearable. And further I would think that having the school make the announcement to the class that he didn't write the letter may get them closer to the real guilty party.
    My husband contacted the superintendent and he was more concerned about the $500 than anything else. When my husband informed him that what is important to us at this point it what's important to our son.
    The Super said that he does not think that they can legally tell the students that Jesse has had the suspension removed because of his innocence. He said he would have to look into it and get back to us!
    I believe that they don't want to admit that they made a mistake to the students, and that is their reason for not wanting to tell his classmates. The Super said that the classmates weren't told by them that our son had been suspended in the first place so they should not have to tell them his was falsely accused.
    Do we have grounds for a lawsuit here?!

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