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My son was accused anonymously by the parent of another student

at his high school of...
My son was accused anonymously by the parent of another student at his high school of dealing drugs. The school administration searched his backpack and locker and found nothing. This was the second time he was searched at school. The first time he was asked to empty his pockets and backpack because the teacher thought he looked guilty. I know him to be innocent and although he is taking it in stride and says they can search all they want he has nothing to hide, I know it really bothers him. I am concerned that his reputation will suffer. Also, when the school notified the parent of the results of the search and informed her that they considered the matter to be closed she insisted that they keep checking.

Although as a freshman my son had a friend on his football team who was asked to leave the school because he was found with drugs in his possession, my son is now a senior and is a very straight arrow. He is always the designated driver because he does not party and also realizes from watching his friends life fall apart how destructive drugs and alcohol are. He is super stressed trying for his best grades and practicing his musical instrument, hoping to get into a good college. I feel like someone is really targeting my son and can possibly derail him at this very critical time in his life. Is there anything I can do to compel the school to give me the name of the person who accused him? They said she left her maiden name only-but we both would feel more comfortable know who this is and what possible connection she has with my son.
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Answered in 15 minutes by:
11/16/2013
Barrister
Barrister, Attorney
Category: Education Law
Satisfied Customers: 39,578
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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It is possible for a party to file a lawsuit against an unknown party. This is commonly referred to a "John or Jane Doe" lawsuit where the defendant is unknown but will become known at a later date during discovery.
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So you could file a civil suit against the person for harassment and then have your attorney subpoena the school's records about the identity of the person who made the complaints to discover who she is.
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However, if the person didn't leave their true name, then there is not really any way to discover who it is and I would have to opine that the school is probably right that this will simply go away because they know that son is not doing anything wrong. With this being the case, it is unlikely that they would take any further action on any complaints. It is kind of a "little boy who cried Wolf" kind of thing..
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So it kind of boils down to how much you want to spend on an attorney trying to pursue this and whether you want to force possible disclosure of who the complaintant is.
.
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Thanks
Barrister
Barrister
Barrister, Attorney
Category: Education Law
Satisfied Customers: 39,578
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
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Barrister
Barrister
Barrister, Attorney
Category: Education Law
Satisfied Customers: 39,578
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Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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