Please Help
14-year old middle school student, we'll call John, was waiting in line after school for the bus, which was late. Then the assistant principle walked out to the line and asked how many kids ride this bus. Several students shouted out numbers and the student, John, said "69". She heard him say it over everyone else and pointed at him and told him to go to her office. Once he was there, John was told to fill out a form, I believe for identification purposes, then she pulled out another form with a number of things checked and circled of what John is being written up for. She was demeaning him and yelling at him for being disrespectful to her and that students should always respect her and authorities of the school. Keep in mind, John still doesn't know what he's doing in her office, and around this time, the bus shows up. As she writes him up, John asks where she got the paintings that are in her office (in an effort to keep calm) and she tells him to not talk or look around, which I would assume to be rude and no way to speak to a student. So John then pulls out his phone to check the time. She asks John what he is you doing. He says checking the time. And then she demands the phone. He asks why, and she says because you aren't allowed to use phones during school hours (but it's actually after school and all the kids pull out their phones when the final bell rings because classes are out). And then she says there's a clock right behind him, but she yelled at him a moment ago to not turn or look around. So then she finishes writing him up and another man walks in, who is another teacher assistant principle of some kind, and demands John to sign the paper. And as a 14 year old student in front of two assistant principles, you're not gonna say no, so he signs without being notified of what he did wrong or what he signed. The assistant principle lady scolded him for engaging in sexual harassment, being disruptive, disrespectful, and overtly-defiant....all for saying a number. And making John sign the write-up agreeing to he accusations when in fact John didn't even know why he was there in the first place.
Legally, she infringed on John's 1st amendment right of freedom of speech. And also infringed on his 6th amendment right which states that John has the right to know who is accusing him and what they are accusing him of doing, which they NEVER did.
On top of that, they called his mom at work, saying that John was asked how many kids take the bus, and John said 69 and that he was disrespectful. Simply, they didn't tell John's mom the whole story and she was not given full discretion of what happened, which is also infringing on the 6th amendment because John's mom is technically Justin's legal guardian because he is a minor. Additionally, the assistant principle lady made my John cry because she was yelling at him without good reason, which his essentially verbal excessive force and she can be charged with causing emotional distress in a minor.
I've been researching and she can actually be taken to court for emotional distress as negligent infliction of emotional distress. Plus, on the school district website, there's a bullying section, and by definition on the what that website describes, the actions of both authority figures falls under much of what is written in that section.
Questions: Is there any legal action/recourse that John's family can take? The punishment handed down from the assistant principle for saying the number was a suspension. John is a 14 year old 8th grade student in California with a 4.0 gpa and a spotless record. Does the punishment fit the crime? Is the authority figure in the right? The authority figure claimed that it was offensive to her, therefore her actions were justified in her opinion. Have his Constitutional Rights actually been infringed on? Was it wrong for the authority figures to TELL John to sign the suspension form, rather than ASK him to read and understand the form before he signs it. Is it wrong that the authority withheld information (over the phone) from the mother regarding the occurrence. On the form, the word "parent" is crossed out, meaning that the school does not need a parent signature to sign off on the suspension because a phone call was made to the mother at work; is that in the right?
If there are any questions I can answer, please ask. I would like to get a better understanding of the law in this situation.
14-year old middle school student, we'll call John, was waiting in line after school for the bus, which was late. Then the assistant principle walked out to the line and asked how many kids ride this bus. Several students shouted out numbers and the student, John, said "69". She heard him say it over everyone else and pointed at him and told him to go to her office. Once he was there, John was told to fill out a form, I believe for identification purposes, then she pulled out another form with a number of things checked and circled of what John is being written up for. She was demeaning him and yelling at him for being disrespectful to her and that students should always respect her and authorities of the school. Keep in mind, John still doesn't know what he's doing in her office, and around this time, the bus shows up. As she writes him up, John asks where she got the paintings that are in her office (in an effort to keep calm) and she tells him to not talk or look around, which I would assume to be rude and no way to speak to a student. So John then pulls out his phone to check the time. She asks John what he is you doing. He says checking the time. And then she demands the phone. He asks why, and she says because you aren't allowed to use phones during school hours (but it's actually after school and all the kids pull out their phones when the final bell rings because classes are out). And then she says there's a clock right behind him, but she yelled at him a moment ago to not turn or look around. So then she finishes writing him up and another man walks in, who is another teacher assistant principle of some kind, and demands John to sign the paper. And as a 14 year old student in front of two assistant principles, you're not gonna say no, so he signs without being notified of what he did wrong or what he signed. The assistant principle lady scolded him for engaging in sexual harassment, being disruptive, disrespectful, and overtly-defiant....all for saying a number. And making John sign the write-up agreeing to he accusations when in fact John didn't even know why he was there in the first place.
Legally, she infringed on John's 1st amendment right of freedom of speech. And also infringed on his 6th amendment right which states that John has the right to know who is accusing him and what they are accusing him of doing, which they NEVER did.
On top of that, they called his mom at work, saying that John was asked how many kids take the bus, and John said 69 and that he was disrespectful. Simply, they didn't tell John's mom the whole story and she was not given full discretion of what happened, which is also infringing on the 6th amendment because John's mom is technically Justin's legal guardian because he is a minor. Additionally, the assistant principle lady made my John cry because she was yelling at him without good reason, which his essentially verbal excessive force and she can be charged with causing emotional distress in a minor.
I've been researching and she can actually be taken to court for emotional distress as negligent infliction of emotional distress. Plus, on the school district website, there's a bullying section, and by definition on the what that website describes, the actions of both authority figures falls under much of what is written in that section.
Questions: Is there any legal action/recourse that John's family can take? The punishment handed down from the assistant principle for saying the number was a suspension. John is a 14 year old 8th grade student in California with a 4.0 gpa and a spotless record. Does the punishment fit the crime? Is the authority figure in the right? The authority figure claimed that it was offensive to her, therefore her actions were justified in her opinion. Have his Constitutional Rights actually been infringed on? Was it wrong for the authority figures to TELL John to sign the suspension form, rather than ASK him to read and understand the form before he signs it. Is it wrong that the authority withheld information (over the phone) from the mother regarding the occurrence. On the form, the word "parent" is crossed out, meaning that the school does not need a parent signature to sign off on the suspension because a phone call was made to the mother at work; is that in the right?
If there are any questions I can answer, please ask. I would like to get a better understanding of the law in this situation.
Student Discipline: Legal Avenues Involving Middle School Student Bullied by Assistant Principle
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