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Question

my son is in jrotc in high school and was accused of seeing another cadet urinate on a tire.Several weeks went by and now he is being accused of telling this cadet to do this.He wrote his statement as was asked of him and was brought behind closed doors and interrogated.We his parents were brought into this by them threating him that they would tell us.But we already knew.Now his statement is being shown and discussed with other cadets by the instructors. I wrote an e-mail and this was also discussed with cadets.The e-mail went to the principal also and no one has responded. What actions should we now take?

Submitted: 17 days and 5 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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State/Country relating to Question: Texas

Already Tried:
I have emailed the two in charge and the principal and no one has responded

Posted by Stephanie O. Joy, Esq. 17 days and 5 hours ago.

Info Request

Dear eg,

 

What is your goal here, was your son expelled frm ROTC? Are you trying to get him back in? Did the school expel him?

17 days and 5 hours ago.

Reply

No he wasn't expelled there is a lot of slander going on towards him by the retired chief. and he has a good record within the corp. Our problem is he wasn't involved in the act and there were others that knew about this act.They for some reason think that he told this cadet to do this and the cadet even said that my son didn't.They called him in the office and for a whole class period they interrogated him. My husband is a truck driver and my son told them that there are millions of truck drivers that do this all the time.He admitted that it was funny.Colonel went on the internet and was reading that this is against the law. My son said he didn't commit the act so why is he being treated like this. There has also been comments that chief wants him out of the corp by other cadets. My son is the kind of kid that does not conform just because someone says so he is not a follower anad I believe that this is a problem because he is not a pet that can be pushed around.It is his senior year and he has put three years of pride and hard work anf for him to want to get out .Well there is a serious problem then.It is affecting his attitude and grades.

Posted by Stephanie O. Joy, Esq. 17 days and 3 hours ago.

Answer

Dear egwene,

 

I"m sorry your son is going through this - it is a tough lesson to learn, being accused of wrongdoing he didn't do. Just keep in mind, it may be the first, but probably won't be the last, particularly if he is a leader with potential.

 

If he is not a follower, you are probably right, that he is not the perferred cadet. As you may know, military demands absolute obedience, so it may be that he is not cut out for that. (Not necessarily a bad thing!)

 

If this were happening to my son, being slandered, I would read all of the contractual rights to being in ROTC, including the due process he is entitled to before any determinations effecting his ROTC status can be made. For instance, is he entitled to be heard? To have a hearing? To submit evidence? As you said, he devoted 3 years to the program and does not want to lose that. I would also look into whether you are provided with a grievance procedure through your school district. If I hadn't already done so, I would be meeting with the superintendant and the board of educationw with my concerns.

 

You may be aware that many schools are phasing out JROTC nationwide, due to varying complaints.

 

Now, if an individual is defaming your son, then you could file a suit against him for damages, and if those damages include your son losing his JROTC privileges, then I would include that.

 

Finally, consider getting counseling for your son, if he is having difficulties coping with this unfair setback. His grades are very important and if he has difficulty coping with this stress, counseling may give him tools he needs to learn how to properly cope and put is all into perspective.

 

If I am to understand correctly, this happened a while ago, enough time ago that your son has noticeably suffered lower grades. Given the time frame, if they haven't booted him from the program yet, it may very well be that they are not going to - he only has a few morth months of highschool, so with some independant counseling, etc., he may be able to recoup in short order, and graduate. That is the saving grace of the situation, if he above measures don't get you far. Gossip is hard to stop and short of actionable defamation, it is not illegal. If is remains limited to gossip, your son will learn much about the damages about gossip, about how accusations, however, false, can be damaging, etc., and I suspect in the long run it will be a lesson he will gain from (including the lesson that unfair things happen to all of us all the time, it can be shocking to a young person when it first happens to him, but it may make him stronger and more prepared for life's difficulties in the future.) Good luck here.

 

 

Hope this helps to clarify. If it does, please click ACCEPT and follow up if needed after you do so. This expert's credit proceeds go towards providing volunteer provisions for the disabled. Thank you for helping!


 

I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger, not your attorney, nor can I create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. ACCEPTING the Answer a so ensures I will be able to assist your with your future legal question. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of a new post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks

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17 days and 3 hours ago.

Reply

I didn't realize that an educator can discuss what you or your child writes with other students though. It seems that with all of the hippa laws that there would be some protection for us.

Accepted Answer

Unfortunately, this doesn't pertain to HIPAA I'm afraid, which pertains to health plans and providers, generally. THis is not to say you can't and shouldn't complain officially of this individual to his superiors. I would. But I would be doing it likely via a lawyer letter or, at the very least, mailed certified r.r.r. to ALL (super, bd. of ed., etc.) and demanding that meeting with the board of ed. You have to get, excuse the phrase, "b*tchy", else they will ignore or trample you. Make noise.

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Expert: Stephanie O. Joy, Esq.
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Answered: 11/4/2009

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15+ Years of Legal Practice Experience: General, Soc Sec.Disability, Personal Injury, Divorce, etc.

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