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JB Umphrey
JB Umphrey, Attorney
Category: Legal
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Experience:  Explains legal matters based on 14+ years experience.
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My daughter was found stripping at a strip club by students

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My daughter was found stripping at a strip club by students in her school. I want to know can she be suspended by the school? If she is underage can she be arrested? What about the establishment? One of the students said a teacher who knows my daughter did not tell anyone? Can I sue the school?
Submitted: 2 years ago.
Category: Legal
Expert:  JB Umphrey replied 2 years ago.
Thank you for using JustAnswer!

I am sorry to learn of these circumstances. Please clarify: how old is your daughter?
Customer: replied 2 years ago.
Actually she is 16
Expert:  JB Umphrey replied 2 years ago.
Thank you.

Yes, she can be arrested and charged. She is not 18 and, thus, cannot be performing in a strip club.

From what you've described, there is not a basis for her to be suspended from school.

Yes, the establishment can be criminally charged for allowing a minor to perform.

There is no legal basis for you to sue the school.

It has been my pleasure to assist you today with your information needs. If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
Customer: replied 2 years ago.

can you elaborate on these answers.

First- what would the arrest be under if she is arrested and charged. Is this a state statue? where can i find the law that pertains to this?

 

the school says that because other students reported the incident to the school she can be suspended because it is causing a disruption in the school and they can use "nexus" of power even thought the incident happened off grounds- and you tell me what court case are they using to establish this?

 

The other students will not be suspended- I thought all the students needed to be given the same punishment. Is there a law or statue I can use to argue this?

 

Also not sure if you answered the question about the school employee who was reported at the strip club. My daughter also said that he was a coach at the school. Why couldn't I sue for negligent since he should have said something to his superiors?

 

Thanks

Expert:  JB Umphrey replied 2 years ago.
Thank you for the follow-up questions.

As for your first concern, it will depend upon the state and community where this occurred. Each state and community enacts their own local laws. If you wish to do your own research, you will have to be sure that you include the name of the state and or specific community.

As for your second concern, you may want to ask the school to provide to you a copy of their written code of conduct which they have adopted for their school.

With respect to all students receiving the same punishment. I do not know what you are referring to. From what you've described, only your daughter was the student who was stripping. I am not aware of an instance involving other under-age students who were also stripping but who were treated differently by the school

As for the school employee, who is at a strip club on his or her own time, that employee did not owe a legal duty to you. This is why you cannot sue him for negligence. Under the law, he did not owe a legal duty to you. There cannot be a claim for civil negligence when there is no legal duty to you.

If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
Customer: replied 2 years ago.

I think I am almost done and sorry with the additional questions, I want to be able to respond and protect the rights of my child. I live in New York.

 

I know the law has its own response but in terms of the school, the school can not suspend her because the event happened off school grounds- can they use this "nexus" reasoning to suspend her? What court case are they referring to? And I assume they are suspending her because her activities were illegal or because of the establishment and if it is the establishment wouldn't all the students be suspended?

 

FinallyI see in your response that the employe is not liable to me does that mean that the employee is liable with the school district? How should I expect the school district to respond to the employee- "isn't there something about unbecoming of a professional misbehavior?"

Expert:  JB Umphrey replied 2 years ago.
Because I have not been a part of the communications with the school district officials, I cannot speculate what it is that they conveyed to you or what they were specifically referencing. My speculating what they were referring to with you would be no different than me speculating what you and your daughter talked about last night. I wasn't there.

If you do not have a copy of the school's written code of conduct for students, I encourage you to ask them to give you a copy. You may want to check the school's website to see if they've published a copy of it there. Once you've had a chance to review it, you may have a better understanding of where they are coming from.

As for the employee, the facts that you describe suggest that the teacher was on their own time and was not supervising the student in any capacity. The teacher, on their own time and on their own dime, does not have an independent/legal obligation to report something about a person who happens to be a student. The teacher is not an after-hours cop with mandatory reporting obligations.

If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
Customer: replied 2 years ago.

 

Dear JB,

 

Can you explain the nexus arguement that the school can take action for things that happened off school grounds- i don't think that was answered. Also the legal case so i can read it.

 

Would the answer changed if my daughter testified that she did a lap dance for the teacher? would that be a police matter or school discipline matter then?

 

I know you were not there but can you speculate anyway what you think. I really need some ideas so that I can anticipate their answers so I can make a defense.

Expert:  JB Umphrey replied 2 years ago.
As I mentioned before, I am not in a position to speculate on the nexus argument the school is making because I was not apart of your conversations with the school and I do not have a copy of the school's written code of conduct. I also cannot give you the legal case the school was referring to because I do not know what case they mentioned to you. This is why I've suggested that you ask the school to give you a copy of the code of conduct and/or check the school's website to see if they published it there.

If, however, the daughter performed a lap dance for the teacher, then that is your nexus argument. That is a clear example of how off-campus conduct can create on-campus disruptions. The matter could, depending upon the facts, have both school discipline and law enforcement implications.

I cannot emphasize enough how important it is for you to obtain a copy of and review the school's written code of conduct.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20232
Experience: Explains legal matters based on 14+ years experience.
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