My son had an (alleged) incident with another student, from his school, OFF school grounds and his principal suspended him for 3 days. The incident never occurred. The other boy lied. So, my question is.... "Do I have legal recourse against the principal and/or the school district, for impeding my custodial rights?"
Good morning,I'm sorry to hear of the situation.While you do not have any sort of cause of action against the school, or school personal based on their decision to suspend your child. School districts have the authority to discipline students for incidents that occur off school property if it involves something that started or continued on school property and in the estimation of the administrator making the decision, it is necessary to the proper decorum at school, and the safety of the students. In effect, a district can punish a student for an incident that takes place off of school property as long as there was a previous connection to the school.However, in theory, you could sue the other child on behalf of your child for Defamation---to the extent that the alleged incident was entirely fabricated---was a lie---and your child was negatively affected.
From a legal standpoint, defamation is the issuance of a false statement about another person, which causes that person to suffer harm. 1. Slander typically involves an oral (spoken) representation. 2. Libel involves the making of defamatory statements in a printed or fixed medium, such as the internet, a magazine or newspaper.
In order to win a defamation case, you must prove the following:
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