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I feel like my son is being targeted at school by the vie…

I feel like my...

I feel like my son is being targeted at school by the vie principal. She has made several false allegations against him and I would like to pursue a cease and desist order. My son is 14 years old and I feel that she is abusing her position. I am requesting that she cease direct contact with both my son and I. Is getting a cease and desist something that I can pursue in order to protect my child. I am an active duty nurse, have served in the Navy for 16 years, and this has required us to move several times. We have been in this school system 1.5 years and did not experience this issue until this year.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No steps yet. I wanted to see what my options are to file this against the schools

Lawyer's Assistant: Family law varies by state. What state are you in?

Vice principal

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

New hampshire

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Answered in 1 minute by:
3/21/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,171
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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I'm sorry to hear about your situation. Could you help me understand the nature of the allegations?

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Customer reply replied 29 days ago
Today she suspended his for the rest of the week. This was based on a snapchat conversation that another student screenshotted while at home and brought in this morning. She has been repeatedly asking my son why he wasn't talking to her and he called her a derogatory word. I have no idea why the school is policing snap shot conversations, what the precedent is for punishment, or why it is appropriate to suspend my son for the rest of the week based on a screen shot of a conversation that occurred out of school. Additionally, this female student has sent nude photos to other students so I feel that there is already a baseline for her exhibiting questionable behavior

I see. Has he been suspended or expelled for anything? Has he been formally disciplined at all?

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Customer reply replied 29 days ago
The Vice principle has called for my son throwing a snowball (ridiculous) and denied it today. She also called 6 weeks ago because my son has been talking about a PS4 game, she then pursued this and determined that it was a "violent game" and told me that she was concerned because my son had changed a topic om one of his papers to school violence. She also made a comment about me working on the base and being in the military. I asked her if she was saying that he was a threat to others or himself and she said no that this phone call was about him not doing his homework. Today, she denied the entire conversation. She stated that she called me because he allegedly made a "gun hand gesture." This is false. She also pulled my son aside and told him that she knew that he had "convinced" me that I did not need to meet with them and that is why I had not set up a meeting. Coincidently, the school counselor called my son into her office as well and had a private conversation with my son and did not call or email me to let me know that this had occurred. Again, my son has had a spotless record until this year, no trouble ever with the law or in school.
Customer reply replied 29 days ago
I do not feel that it is in the best interest of my son to have any contact with her and have email the principle my request to not have her directly involved with me or my child.
Customer reply replied 29 days ago
I have emailed the principal with my request to cease contact with me as well as she has insinuated that I am liar today as well. Today is the first time I have even met her in person. I apologize for the typos and spelling, I am pretty upset. I just don't want my child to interact with her without me present.
Customer reply replied 29 days ago
He was suspended today. He has never been suspended in the past. He is currently in the 8th grade.

I see what you mean and I can understand why you would be upset. So, I used to represent public schools and I represent students in my state. In my experience, filing a complaint with the school district will be useful.

Sometimes, if a student is being discriminated against for their race or their disability, those are easy complaints to make; however, in cases where an administrator is not following the rules regarding discipline and is otherwise interfering with the ability of your son to learn in a peaceful environment, the vice principals behavior is going to be a violation of the code of conduct or district policy. Most of the time, the school has a policy wherein they say they will "treat all kids with respect," or send them through the disciplinary process if there is trouble. If neither of those is occurring, a complaint to your school district could help resolve those issues.

If he has been suspended, then you should make that a part of your complaint and advise that he is being targeted unfairly. Because children must attend school, it is on the administrators to make this a welcoming place.

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I'll be frank: it'll be tough to advocate for him until and unless he is being discriminated against on the basis of something protected like his race, any disabilities, his gender, sexual orientation, religion, etc. But oftentimes the district takes these complaints seriously and oftentimes there is going to be additional and underlying discipline issues for that employee.

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Customer reply replied 29 days ago
Thank you! I will look into filing the complaint but do understand what you're saying. Am I within in my rights to have my son not interact with her? Neither of us feel comfortable with her now and I want to make sure that she does not interact with him. I don't trust her and don't see any reason why he should have to interact with her. Does he have any options here? I told him that he should not speak to her until he has a chance to call me first.

You're welcome. I think it is very, very wise to not have your son interact with this person anymore. Of course, if for some reason he needs to meet with her (clubs, etc.). Otherwise, if he can just keep his distance, then that is a good thing. If he has a concern, then he should go to the principal or anyone else who may be able to assist instead of her. The law doesn't require that he specifically speak with or deal with the VP so as a practical solution in the meantime, tell him to avoid her like the plague.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 29 days ago
You have been incredibly helpful and I really appreciate it. I feel a lot more at ease knowing that there is no obligation for my son to interact with this person. I have advised him that if approached by her in the future that he should request to speak to the principal and to call me. I will most likely pursue the complaint with the school district so that I have something formal from me on file. Thanks again.

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Legal Eagle, Lawyer
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