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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 7382
Experience:  Just Answer consultant at Self employed
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Today my daughters Guidance Counselor was hanging out in s

Customer Question

Today my daughters Guidance Counselor was hanging out in his office with another student. He told this student what my daughters GPA was, said her parents did not care and told this student that my daughter would never graduate. My daughter has been a decent student, but has had a not so good year grade wise. nevertheless - this is her business and not something a GC should share with a random student. Now that information is being passed around and my daughter is embarrassed. In addition I have never met this guy and his statement about us as parents has no merit. My question: Do I have legal recouse against him personally, the school or even the school board. Wanted to check before I make an appointment to see him and the Principal
Submitted: 6 months ago.
Category: Legal
Expert:  legalgems replied 6 months ago.

I am sorry to hear this;

A guidance counselor is privy to private information and it is expected that this information will only be released if justified/necessary.

An aggrieved parent can bring suit on behalf of the minor, alleging breach of trust and invasion of privacy.

Damages are typically pain and suffering (emotional damage) and/or punitives.

For punitives to be awarded (they are designed to punish the defendant and deter others from similar misconduct) one needs generally to prove malice.

In order to prevail on a breach of trust, one needs to establish that the defendant was in a position of trust and violated that trust;

for a privacy suit, one needs to prove that one had a reasonable expectation regarding privacy as to the subject matter, and that the defendant publicized (written or oral) that information.

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Thank you and take care!

No attorney client relationship is created as this is general legal information, not advice; and a personal attorney should be hired if one wishes specific legal advice for their personal situation.

Customer: replied 6 months ago.
Is the suit filed against the individual or the employer - in this case the school?
Customer: replied 6 months ago.
Do you recomend that I contact a lawyer prior to scheduling a meeting with the counselor and Principal? What type of practice would handle something like this?
Expert:  legalgems replied 6 months ago.

Yes, I would urge you to contact an attorney;

if any of the information was untrue, the lawsuit can include a cause of action for defamation (oral or written lies)

A general civil litigator could assist; some attorneys even specialize in education law but they are harder to locate. The named defendants would be the individual and the school district when a school employee is accused of a wrongdoing.

Expert:  legalgems replied 6 months ago.

Checking to see how this worked out for you.

Thank you for using JA- hopefully this works out with minimal problems. Thank you.

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