My 7 year old suspened for "sexual harassment"

Originally posted by Time4aChange

Originally posted by studio500
I applaud the school for taking swift and positive action.

Not to mention the fact that girls underwear these days, even for 7- 8 year olds can be very minimal in design and an action such as a wedgie can really heart a young undeveloped child.

Positive action?? The kid is 7yrs old. Not some creepy dude in an ice cream truck.

Skimpy underwear? Yeah, you dont hafta buy it for them. And all the more reason to keep your pants pulled up so your crack don't show.

These are little kids! Sheesh

You have your view I have mine.

Thanks

My biggest concern here is the sexual harassment charge on his school record. There was nothing sexual about it, hes 7, he doesnt even know what sex is. I think "inappropriate behavior" would better fit the situation. If this stays on his record he will be forever labled.

A couple years back, just before kindergarten, he was trying to wear his pants saggy, he saw kids in the area doing it. I made a real big deal about it, and was very stern about him NOT wearing his pants like that. He understands not touching other kids, but he is confused about this. He kept saying "but I was only helping her pull her pants up".

He had alot adults in his face yesterday over this, so Im sure hes a bit shaken.

"Sexual harassment" is a legal term inferring a quid-pro-quo, and it must transpire between a superior and their subordinate. The dynamic requires that, in fear of professional action, a subordinate capitulates to their superior's sexually-based desire in exchange for job security.

In this instance, I would ask the school what type of authority your son has over this girl, and what this sexual favor did for her career.

Get. A. Lawyer.

As a teacher, this angers me. I'm angry for your son, for you, and for my profession. Reading all the comments about terrible schools and horrible teachers...well.

First of all, I can't believe the teacher even reported this. In my class, he might have to walk a lap during recess or have silent lunch, and that would be the end of it. The only reason I would report this to the principal is if it continued to happen. But I would contact the parents before involving administration.

I understand your frustration. My son is in kindergarten and has been suspended 7 times this year. He has sensory issues and ADHD, plus speech delay. It's terrible when your child is suspended bc it makes you feel like a horrible parent.

Since DHS is now involved, my advice is to show them you have nothing to hide. If harassment continues, get a lawyer. But DHS is usually reluctant to remove a child, I think this is simply a pro forma visit.

Good luck and hugs for you both.

reply to post by smyleegrl


Glad to get a teachers input


All 3 of my boys are ADHD,
so I can relate to your frustrations.

The problem is this: the school boards and schools may be overzealous in this kind of thing, but the reason is this:

People sue the schools a lot, for any reason they can think of.

It seems to me that if people would lay off this sue happy mentality there wouldn't be so much stupidity from the schools.

But alas, that will never happen.

Originally posted by Darkblade71
reply to post by smyleegrl

 

Glad to get a teachers input

All 3 of my boys are ADHD,
so I can relate to your frustrations.

Since he has a medical diagnosis, he qualifies for a 504 IEP (individualized education plan). IEPs are generally used for kids with learning disabilities, physical issues, speech problems, etc. The 504 version simply means your son is "other health impaired" and you can have his IEP written to reflect his needs.

The IEP holds the school accountable and protects him from assinine issues like this.

If I can help you in any way, just let me know. I can help you with the fancy vocab, the steps to go through for a 504, what laws affect your situation, etc. u2u me anytime.

Originally posted by EvilSadamClone
The problem is this: the school boards and schools may be overzealous in this kind of thing, but the reason is this:

People sue the schools a lot, for any reason they can think of.

It seems to me that if people would lay off this sue happy mentality there wouldn't be so much stupidity from the schools.

But alas, that will never happen.

Hit the nail on the head.

You wouldn't believe the red tape we teachers have to wade through just to protect ourselves from a frivolous lawsuit. It's like going to the doc with a headache. He knows it's probably just a normal headache, but just to cover the bases he will order cat scans and MRIs.

the world is nuts OP, when I was his age, I sexually harassed little girls until the cows came home.

it years before they started to enjoy it but I was never kicked out of school.

sorry that you've been made out to be an awful parent.

In situations involving Child Services, K-12 bureaucracy and/or Law enforcement possibly pursuing false accusations; I have always wondered if the accused can sue the accuser. Meaning, should your son be found innocent, can the individual teacher, principal and the accusers parents be sued. Would all those that I just mentioned be liable for "malicious prosecution"? Or, if a law enforcement officer was involved in bringing the false accusations, the accused could make a claim for false imprisonment or for a civil rights violation, often called a Section 1983 action after the provision in the federal law creating that cause of action. Are "child services" staff considered "law enforcement"? Can you sue the accusing individuals in this case (both the schools employees and the other kids parents) for "malicious prosecution", defamation, libel etc? Or will they be shielded by the organzations that employ them?

My thought is if the above is correct and people start winning cases, schools, law enforcement and other agencies would start to be more cautious in trying find easy prosecutions for the sake of career advancement.

I would also recommend you get a lawyer and would be very hesitant to answer or comply with any of thier requests without consulting a lawyer first.

reply to post by smyleegrl


Thank you. I may just be in touch.

reply to post by coop039

What was his crime? He grabbed her pants (in the back) and pulled them up because "her butt crack was showing and it was disgusting"

At least your son said no to crack...I guess that is a crime now days...For a 7 yr old he probably did the most decent thing anyone could do...

reply to post by boohoo


Teachers and school personnel are "mandatory reporters.". We have to report even the vaguest of suspicions. There are laws that protect mandatory reporters from lawsuits.

There is a point that this stuff gets carried to that is too far. A child is learning/growing in their younger years, and they are gonna make mistakes.

Do we as parents not remember all our mistakes that we made?

To ensure the school doesn't get sued, and ensure that the child gets an opportunity to learn, I think that children,adults of children, and schools should get a "not able to sue" law passed for simple things such as these.

It would give the child a free pass (excluding severe cases of course) to grow and learn right and wrong, also, it would allow the teachers/parents of said child to teach him/her properly. Without the fear of repercussions.

Maybe you are not allowed to sue a school for minor infractions such as these through the elementary grades. Maybe you can not accuse young children of sexual harassment or other adult crimes when they attending school.

Maybe we can concentrate on the growth and development of a child instead of whether giving another child a wedgie is sexual harassment.

Just a thought, as what we are doing now is working. We all had a free pass, why don't the young children of this day and age get one? I feel bad for these kids, they should not have to worry about this stuff at such a young age, neither should you as a parent. And the teachers should be able to teach, not monitor the school room to enforce laws that every person on this earth has broken when they were a child because they had not learned any better yet.

I am sorry you have to go through this, it is not anything that should happen to anyone with a child of this age. And I hope everything works out in your favor.


Thanks,
Blend57

Teachers and school personnel are "mandatory reporters.". We have to report even the vaguest of suspicions. There are laws that protect mandatory reporters from lawsuits.

Thats why I mentioned "section 1983". If "child services" is getting involved, it would seem to me that this whole ordeal is going to cost the original poster some "time", which for most people means "money lost". Someone other than the accused should be responsible for those costs, especially IF, the child is found innocent.



I did some checking and pending on the state, mandated reporters MAY or MAY not be immune. There is also the possibility of winning in Federal court. I say if the OP has the cash, at least make the accusers pay for an attorney too, even if he has no chance of wiining. Hopefully next time that "money spent" will teach them to think things through first.

reply to post by the_philth


So you assume the principle is a woman and the first thing you do is blame it on feminism? This is over a child being accussed of sexual harrassment, it has nothing to do with feminism. What a stretch.

Originally posted by nixie_nox
reply to post by the_philth

 

So you assume the principle is a woman and the first thing you do is blame it on feminism? This is over a child being accussed of sexual harrassment, it has nothing to do with feminism. What a stretch.

I will clarify this, the principle is a man.

I have two words for you:

Private.

School.

So you assume the principle is a woman and the first thing you do is blame it on feminism? This is over a child being accussed of sexual harrassment, it has nothing to do with feminism. What a stretch.

Who cares about the above? It doesn't matter. The OP needs advice on how to legally defend themselves against "Mandated Reporters", who are throwing accusations around. Lets not discuss the above again in this thread!

Back on point, I mentioned "section 1983". If "child services" is getting involved, it would seem to me that this whole ordeal is going to cost the original poster some "time", which for most people means "money lost". Someone other than the accused should be responsible for those costs, especially IF, the child is found innocent.

I did some checking and pending on the state, mandated reporters MAY or MAY NOT be immune. There is also the possibility of winning in Federal court. I think they key is if its "OUT OF BAD FAITH". People have won this kind of suit before. I say if the OP has the cash, at least make the accusers pay for an attorney too, even if he has no chance of wining. Hopefully next time that "money spent" will teach them to think things through first.

reply to post by coop039


Your son did the right thing, crack kills. lol

Sorry to make light of your situation but sense I don't have a real solution maybe I can generate some real laughs.