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13 y/o son being suspended from school. Question re "Complaining Witness".

Discussion in 'Juvenile Crime, Law & Court' started by mommygirl, Apr 12, 2013.

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  1. mommygirl

    mommygirl Law Topic Starter New Member

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    My son is being suspended from school for 2 days for tapping his friends face and an anonymous email was sent to the school stating that my son had been bullying this child for months. The child in question was suspended a couple of months ago for 7 days along with another child for repeatedly bullying and physically beating up another child to the point where he was black and blue, and my son testified on behalf of the child that was being beaten up.

    His school's code of conduct states "At the informal conference, the parents shall be permitted to ask questions of complaining witnesses under such procedures as established by the Principal." When I asked to exercise this right the principal stated "I'm the complaining witness", and that he didn't think it fair to bring in any kids who gave testimony. It is my understanding that a complaining witness is the alleged victim. Are my rights being violated by not being able to speak to this child?
     
  2. Betty3

    Betty3 Super Moderator

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    My legal dictionary notes: A complaining witness is the alleged victim of the crime charged. However, I assume it's possible for "complaining witness" to be used in another context also (particularly in a school).

    You can hold & see if you get other replies.
     
  3. mightymoose

    mightymoose Moderator

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    Regardless of definitions, if you are not happy with your interaction with the principal, try contacting the next person in line at the district office. The principal is far from the final word... the principal has several bosses.

    That said, based on what you said your son did physically batter another student. You are fortunate that law enforcement is not involved and it is all being handled locally at the school. Two days does not seem unreasonable. Perhaps your son will learn a lesson about keeping his hands to himself, because he could easily be involved with police and juvenile courts and probation if he does not.
     
  4. Betty3

    Betty3 Super Moderator

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    Agree with mightymoose's last paragraph - therefore, you might just want to let this go. Your decision though. You can pursue if you want & believe situation was not handled correctly.
     

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