I need some advice.
My daughter was in an altercation last week with another student (of African American descent) in P.E. class over a game they were playing. A verbal argument ensued but there was no physical contact, only heated words over whether one was right or wrong, with regards to the rules of the game. The following day my daughter was called to the principals office and was accused by the African American girl and her parents of calling her the "N word."
Apparently the school conducted an investigation and took statements from four other girls who are friends of the African American girl and each of them claim to have over heard my daughter use this racial slur in the locker room, however the African American girl claims it took place in the Gymnasium during their argument.
Despite the discrepancies in the statements, the principal decided to discipline my daughter with an ISD (in school suspension). Because of the inconsistencies in the girls statements and based on my daughters own testimony, I decided to investigate this my self. Upon doing so I found out that there were two girls that were standing right next to my daughter in the gymnasium when the arguing occurred. I called their parents and questioned the girls and they both stated that they did not hear my daughter use that word.
I confronted the principal with my findings and asked that he re-investigate this incident and interview the two girls that were in the Gymnasium and in close proximity to where the altercation occurred. The principal did and took written statements from those girls who again testified that they did not hear my daughter use those words.
The school contacted me later that day and said they were sticking by their previous decision and it was irrelevant where it took place, only that there were witnesses who said that it did occur.
At this point I am not sure how to proceed. It seems as though the school's objective here is not to obtain the truth but to be politically correct and thwart any attempt by the girls parents in filing suit against them for not acting or taking disciplinary measures against my daughter.
I would like to file a law suit my self and clear my daughters name, however, I'm not sure if this can be done through small claims. As I understand it, small claims court is reserved for civil matters dealing with money. I do believe that my family and I have incurred damages from loss work and emotional distress. As it stands my daughter is afraid of being labeled as a racist and this whole issue has definitely caused a strain on her other African American friendships.
If I pursued this in small claims court my real objective would be to prove this girl is lying by getting the court to awarded my family and I some amount of money as a result of her false allegations.
Do my plans seem logical from a legal perspective? Any help and advise you can give would be greatly appreciated!!!!
My daughter was in an altercation last week with another student (of African American descent) in P.E. class over a game they were playing. A verbal argument ensued but there was no physical contact, only heated words over whether one was right or wrong, with regards to the rules of the game. The following day my daughter was called to the principals office and was accused by the African American girl and her parents of calling her the "N word."
Apparently the school conducted an investigation and took statements from four other girls who are friends of the African American girl and each of them claim to have over heard my daughter use this racial slur in the locker room, however the African American girl claims it took place in the Gymnasium during their argument.
Despite the discrepancies in the statements, the principal decided to discipline my daughter with an ISD (in school suspension). Because of the inconsistencies in the girls statements and based on my daughters own testimony, I decided to investigate this my self. Upon doing so I found out that there were two girls that were standing right next to my daughter in the gymnasium when the arguing occurred. I called their parents and questioned the girls and they both stated that they did not hear my daughter use that word.
I confronted the principal with my findings and asked that he re-investigate this incident and interview the two girls that were in the Gymnasium and in close proximity to where the altercation occurred. The principal did and took written statements from those girls who again testified that they did not hear my daughter use those words.
The school contacted me later that day and said they were sticking by their previous decision and it was irrelevant where it took place, only that there were witnesses who said that it did occur.
At this point I am not sure how to proceed. It seems as though the school's objective here is not to obtain the truth but to be politically correct and thwart any attempt by the girls parents in filing suit against them for not acting or taking disciplinary measures against my daughter.
I would like to file a law suit my self and clear my daughters name, however, I'm not sure if this can be done through small claims. As I understand it, small claims court is reserved for civil matters dealing with money. I do believe that my family and I have incurred damages from loss work and emotional distress. As it stands my daughter is afraid of being labeled as a racist and this whole issue has definitely caused a strain on her other African American friendships.
If I pursued this in small claims court my real objective would be to prove this girl is lying by getting the court to awarded my family and I some amount of money as a result of her false allegations.
Do my plans seem logical from a legal perspective? Any help and advise you can give would be greatly appreciated!!!!
