wrongful suspension

[kellems]

I am hoping you can help me here. My son Michael is 14 years old and he has a best friend who is the same age. these 2 boys are in the 9th grade and last Friday they went to the middle school bathroom as they needed to relief themselves. They used the middle school restroom instead of the high school one, this started it all. After the 2 boys left the restroom there was some people who smelled pot in the hallways. The staff looked at the cameras in the area and saw the 2 boys entering the restroom and leaving it less than a minute later. the staff gathered the 2 boys in the principals office and searched them but found nothing. The school called in the cops but they said that there was nothing found, no proof of anything so they didnt file anything and just left. The staff tried to get the boys to confess but the 2 boys insisted to them that they didnt do anything wrong. They kept both boys in the office bout all day. The principle called me at work at bout 4:30 pm friday. The principal advised that they had a signed letter from another student stating that the boys told him what they was gonna do. the principal advised me to come in monday at 9:00 am to discuss. All week-end I asked both boys and they both swear that they didnt do anything wrong. My son is suffering from all of this and its really got him depressed. I went to the meeting monday and the principal stated that they had enough information to suspend them and once they follow-up with a couple other things they would expell the kids for 2 semesters. Iasked the principal fot proof but couldnt get anything as he doesnt have anything except for 1 kids statement. now my kid is expelled for no reason, kicked off the baseball team, cant play football this year, and my son may have to go see a doctor as he is crying alot and suffering in many ways now. The school has embarresed him for no reason. the principal advised me that the school doesnt have to abide by the same laws as the communinty does.. i advised the principal that i was going to seek legal help but didnt help anything. bottom line is that the Winamac community school corporation expelled my son on just suspension, no proof at all. the smell in the bathroom could have been from someone else or maybe travelled through the ventelation system. i would like for you to consider taking this case for wrong doing. i would like my son and his friend to be reinstated in school and an apology from the principal and the school staff. Also I would like to seek financial compensation for me and my son having to be embarrased like they did to us. The father of the other boy is extremely upset as well and would like some help as well. Is this something that you would be interested in?


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[army judge]

Your initial appellate review begins with your school board and/or superintendent.
If that isn't satisfactory, you can then attempt to enter the legal system.

 

[Proserpina]

You're not going to be awarded pain and suffering - period.

I'm sorry, but I see nothing illegal here.

 

[Betty3]

Agree, I definitely don't see any pain & suffering damages being awarded. I'm not sure I even see a case here - based on what you posted, seems there was not anything illegal done. Sorry.

 

[ElleMD]

Ditto. I have lots of experience with school systems and the Principal is correct that they are not courts and do not need evidence sufficient to satisfy the criminal justice system in order to act. That is just not a realistic standard. Credible sources noticing the smell, the boys on camera and a witness are more than enough to act.

Every school system has a discplinary appeals process. That is what you need to follow if you want to challenge the decision. If you start threatening court and damages at this stage, you are not going to be taken very seriously as you are not even close to reaching the level of court and "damages" are extremely unlikely in this type of case. Any Principal who has been in the job more than 5 minutes has probably been threatened with the same by just about every kid and parent they interact with who doesn't get what they want.

A quick glance at your system's handbook (readily available online) provides for a hearing before expulsion. If this has already happened, did you attend the hearing?