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My daughter has been in the Morongo Unified School District…

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My daughter has been...

My daughter has been in the Morongo Unified School District since 6th grade. When she was at La Contenta Middle School, another student, Holly Gitterman, who is now expelled from the school district continuously harrassed her and threatened bodily harm to the point she is afraid to leave the house alone. Threats have been made that she will catch her when she gets off the bus. At one point, in December 2016, Holly Gitterman did assault my daughter off School campus. Police were called but because there were no marks on my daughter, and despite the constant threats made to her on online or online to her friends, I was told there was nothing that could be done.
My daughter is now in 10th grade. She had a friend, Autumn Knaupp, at our home. Autumn told me her dad kicked her out. I supported Autumn, bought her school supplies, and provided for her basic needs. My signature is on syllabuses that students receive from their teachers during the first week of school for Autumn. It was found that Autumn was trying to break up my daughter and her boyfriend. Another one of my daughter's friends found out and confronted Autumn. My daughter did not choose a side. Autumn left my home of her own volition because my daughter did not "defend" her. Autumn then associated with Holly and was once again threatened with bodily harm.
Autumn told office staff that my daughter is harassing her. When my daughter tried to say what was going on, she was cut short and told if any conflict happens she will be suspended or possibly expelled; not Autumn. Autumn is now telling many students of false things such as my daughter and her boyfriend being sexually active. Although this is not true, I understand that many girls in high school are not immune to this rumor. Autumn is also telling many students that my daughter caused her father to kill himself. Her father passed away when she was 10 years old from cardiac complications related to many years of pain medication use. Saying things like that is malicious and hinders my daughter's mental health and education potential.
I have attempted to contact Michael McDermitt, the OCI at the high school who told my daughter that she would be expelled, considering Autumn was living in my home, but have received no call back.
I should also mention that my son is in 12th grade. He is special needs and was just able to transition to the high school to complete his senior year. I worry that this may affect him as well

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

I've reported things to the cops and the school. Cops say there's nothing criminal cuz teenagers just are mean to one another. The school will not call me back

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just want to know how my daughter can feel safe at school considering she's been dealing with this for 3 years

Submitted: 4 months ago.Category: Education Law
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Answered in 5 days by:
10/18/2017
Education lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Education Law
Satisfied Customers: 121,843
Experience: Attorney handling education matters.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Education lawyer: Law Educator, Esq., Attorney replied 4 months ago

Under CA law, every school is to have an anti-bullying policy and enforce that policy. If the school is not enforcing their policy, you can sue not only the two students involved and their parents, but the school board as well for their failure. See: California Education Codes §§ 32261, 32265, 32270, and 48900.

So, your next step is a local attorney and you need to sue the students involved as well as the school and part of your suit would seek an anti-harassment/order of protection against these students as well as damages against the school for emotional distress for their failure to enforce what is known as Seth's Law (the anti-bullying laws mentioned above), which covers in school and even social media bullying between students.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Law Educator, Esq.
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Experience: Attorney handling education matters.

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