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Question

Question on defamation of character. My 15 year-old daughter was recently expelled from a private Catholic School in Mudelien, IL, for allegedly "stealing" a purse which she actually had found in the bathroom, had stupidly shoved in her locker and did not turn in right away. She had told some of her friends about the purse at lunch telling them her intent on turning it in. Before she was able to, she was called to the office by the Dean and asked if she had the purse. She freaked out said no, but of course they checked her locker and found it there. Her friends corroborated her story, but their ethics board did not listen and she was expelled, but we received a letter stating that we withdrew her in Good Standing. She did not "steal" the purse. Stupid decisions and lying, yes, but not a thief. Now, a few days later, I hear teachers are saying the they believe that she stole the purse and are glad she is gone to students. Do I have a case to sue if this does not stop?

Submitted: 17 days and 19 hours ago.
Category: Legal
Value: $58
Status: CLOSED
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State/Country relating to Question: Illinois

Already Tried:
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Posted by INFOLAWYER 17 days and 19 hours ago.

Answer

Thank you for the question. Slander requires showing false statements made to another causing harm to reputation and financially. It is an expensive and time consuming lawsuit. Consider also if the defendant has any money to collect assuming you succeed and obtain a judgment. Often a lawyer letter leads to the slander to stop and is more cost effective. To find local counsel to represent you, see www.martindale.com

17 days and 19 hours ago.

Reply

The school would be the defendant. The school's administration clearly has not properly advised their staff on appropriate confidentiality on these matters and this was purely circumstantial as there was clearly no intent to steal given the number of witnesses willing to corroborate her story, but not allowed to. Given the letter received by the administration, the teachers should have been informed that she was withdrawn and no further comment is to be made.

Accepted Answer

I would have a lawyer reach out and seek to settle. This is not an easy claim since there is no financial loss but the exposure to suit raises potential for settlement

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Expert: INFOLAWYER
Pos. Feedback: 97.0 %
Accepts: 
Answered: 11/4/2009

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