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My son threw a mortar during shop class and accidentally hit…

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My son threw a mortar...
My son threw a mortar during shop class and accidentally hit the teacher on the side of his head, standing about 30' away. The teacher then pushed my son to the ground and threaten to kick his a** in front of the class. The school admin said that my son caused the teacher to have a ruptured eardrum from a small mortar thrown 30' away. There was a video tape of the incident which I nor my husband was allowed to view but was used as evidence at the hearing to suspend my son from school until next year. He would also have to perform 120 hrs of community service hrs before start of next semester. He would also be enrolled in something called "choice" program for delinquent. The school police officer took statement at time of accident but would not give me a report because he claimed that it's privilege info and am not privilege to it. Furthermore, if I decide to press charge against the teacher, he will then press charge against my son. As for the teacher, he got a couple of days of from school for ruptured ear and that was it. Although my son, on the other hand, has vehemently said that it was an accident when he threw the mortar because he did not see the teacher when he threw the mortar because the teacher was standing on the side of the building. This teacher had been allowing his students to throw mortars on top of the roof before and he never corrected or stopped them from doing it.
Because of this incident, my son has failed all his class and could not take summer class to make them up and most like to repeat his grade again.
As a parent, am not allow to view the video tape or see the police report. Why? Nothing was done to the teacher for assaulting my son but if I pursue the issue then my son would have to be arrested also. This sounds like an intimidation to me. Am I right? Please advise.
Submitted: 8 years ago.Category: Legal
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Answered in 6 minutes by:
6/24/2010
Lawyer: loeblaw, Attorney replied 8 years ago
loeblaw
loeblaw, Attorney
Category: Legal
Satisfied Customers: 1,669
Experience: Trial Atty---NY, NJ & Fed Courts, Owner of law office for 10+ years--Recently joined this Site
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I am not crazy about the idea of holding the idea of charges contingent on whether you press charges. While the school is within its rights to suspend your son (who lets face it, did something foolish, whether or not in the past he was not instructed to not do foolish things) you are also in your rights to press charges or file a lawsuit. Keep in mind, however, that while the teacher asked wrongly out of anger, the judicial system may give the teacher the benefit of the doubt because of your son's actions. On the other hand, the video may show a different story and the only way you will likely be able to access the videotape is by filing a lawsuit. The video would have to be exchanged as part of discovery.

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Lawyer: loeblaw, Attorney replied 8 years ago
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