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Legalease
Legalease, Lawyer
Category: California Employment Law
Satisfied Customers: 16367
Experience:  15 years exp all aspects of general law
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I am an employee (security/campus aide) at a school district

Customer Question

Hello. I am an employee (security/campus aide) at a school district in California. Last year, I filed a child abuse case against the assistant principal because I noticed inappropriate behavior. We are educated every year the importance of child abuse, and if we should ever suspect it, to make a SCAR report within 36 hours. The SCAR report is supposed to be confidential and within a day or two after reporting, an officer contacts the person who made the claim to let them know if the offense indeed is considered child abuse. The assistant principal was blatantly flirting with an autistic student, she would be in his office by herself, wearing his clothes, and made several statements to other faculty that she had a crush on the principal. He would make inappropriate gestures towards her and have her in his office with the door closed. It made me and other faculty members very uncomfortable, especially when the assistant principal made it known that he was attracted to Asian women, and this particular student was Asian. I made the report, and when they asked my name I told them I was unsure if I wanted to give them my name due to the fear of retaliation. I am an African American female and there are not many of us at this school and the ones that are employed know we are outnumbered. They assured me all was confidential. The next day, I received a phone call to inform me that the incident I reported was not considered child abuse, but misconduct. The following week, the Principal at the school (whom is a newer principal, first year at this school, as he was transferred to our school because of allegations of racial tension from a former school) pulled me into his office and asked me if I was starting trouble and did I make a child abuse report on the assistant principal. I was in shock and upset. I told him it was none of his business what I did and that I am mandated as an employee to report anything I see that may be considered misconduct. He made me feel very uncomfortable asking me these questions and I walked out of his office. The following days at the school were very uncomfortable and intimidating where eventually I put in a transfer to another school. I couldn't stand to be there any longer and the administration made it known subtly that I was not welcome. Is it breach of contract to inform a principal about the SCAR REPORT? I was told it was confidential. Is he allowed to intimidate me and ask me questions when its supposed to be confidential? I feel as if I was punished for doing my job, and I had to leave a great school with so many amazing teachers because of this perverted assistant principal and racist principal. Thank you for your time!
Submitted: 12 months ago.
Category: California Employment Law
Expert:  Legalease replied 12 months ago.

Hello there --

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None of this should have happened to you after making a simple report which turned out to be substantiated because he was found guilty of misconduct. It sounds to me like they are discriminating against you for making a legitimate report of sexual harassment against an mentally handicapped student and because you are an African American female yourself. that is another point of discrimination on the part of the school district when they called you out for this rather than handling it anonymously as they are supposed to do under the law. There are a number of things that you can do under these circumstances, the lease of which is that you should hire a private local attorney who handles anti discrimination lawsuits in the schoolplace and teacher work environment. To find such a lawyer you can contact the bar association of the nearest large city to you and get a list of referrals for attorneys and you can talk to a few such lawyers and go from there (you do not want to find a lawyer in the same county where the school is located because they could all be friends and then you will run into trouble with your own lawyer who may be friends with the school lawyers. Nope, you are better off getting someone from out of town on this one.

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In addition to finding an attorney, I encourage you to file a complaint with the Equal Employment Opportunity Commission (EEOC) which is the US governement agency that handles sexual harassment matters between students and teachers and then it cna handle the whistleblower claims that you will have against the school district once it is determined that they are discrimination against you as well for turning these matters over to the authorities. Here is a link to their website where you can file a complaint and get contact information. etc --

-https://www.eeoc.gov/employees/howtofile.cfm

Please let me know if you have any further questions. If not, can you please press a positive rating above so I will be paid for my time assisting you tonight. I am paid nothing unless you press the middle star or the fourth or fifth star to the right of the middle star above in the ratings section. Doing so will not cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time assisting you tonight. THANK YOU VERY MUCH !!!

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MARY

Expert:  Legalease replied 12 months ago.

Hello there --

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It is perfectly for you to make all of your money in other countries and then bring the profits to the US to spend on whatever you would like/ You must make sure that no part of the operation can be accessed from a US website for any US resident to play these online games on US soil and you should have no problems.

Please let me know if you have any further questions. If not, can you please press a positive rating above so I will be paid for my time assisting you tonight. I am paid nothing unless you press the middle star or the fourth or fifth star to the right of the middle star above in the ratings section. Doing so will not cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time assisting you tonight. THANK YOU VERY MUCH !!!

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MARY

Expert:  Legalease replied 12 months ago.

Please disregard the above referenced paragraph. It was for another customers answer. THANK YOU