Full question:
My child who is in the 11th grade was involved in a minor altercation with a 9th grader while waiting to board a bus for an athletic event. The players were unsupervised and inside the school. One other student pushed the 9th grader into a vending machine while my son pretended to punch him in the stomach. A teacher came in, saw this, broke it up, and reported the incident. My son was given in school suspension for one day, which involved cleaning school walls with a squirt bottle and cloth for 7 1/2 hours. A very humiliating event exposed to the general population of students. They have also wrote a letter and placed it in my son's file stating that he bullied and intimidated the 9th grader. I question the severity of the punishment and embarrassment my son was subjected to. The coaches whom were supposed to be supervising the boys a this time were absent due to the school related duties and have not been reprimanded. They are also suspending my son from an important after school event that he was looking forward to. What are my options? I wish to have the letter removed from his file and the discipline to be complete as is. There is no appeal process in place and it appears his due process was violated due to the quickness of the discipline being placed. What are my options, should I contact a lawyer, is this defamation?
- Category: Education
- Subcategory: Student Rights
- Date:
- State: New York
Answer:
Students have a property right to their education, and schools must follow due process before imposing discipline. This includes providing notice and an opportunity for a hearing, especially for suspensions longer than five days. For suspensions of less than five days, students can request an informal conference to present their side (N.Y. Educ. Law § 3214).
Defamation involves false statements that harm a person's reputation. To prove slander, you must show that a false statement was made to others, which caused injury. If the letter in your son's file contains false information, it could potentially be considered defamatory (N.Y. Educ. Law § 3214).
Given the circumstances, you may want to consult a lawyer to discuss your options, including the possibility of having the letter removed from your son's file and addressing the disciplinary actions taken against him. It's important to document everything and consider whether the school followed its own disciplinary procedures.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.