while on school property, during school hours is the school responsible to protect.?

Question

this includes emotional and mental harm.
i am trying to maintain my child's right to an education and protect her at the same time. she was sexually assaulted (a young man put his hand down her blouse and groped her breast in a random act of violence) while waiting outside the principles office at the middle school. it was reported. the young man arrested. he was already on probation for drug issues. his parents responded by putting him in a christian school which he was recently expelled from. now he is back at the middle school. my daughter has been distraught from the beginning. she is young for her age raised on a ranch and is a good student. she is in the band, year book commitee, 4H and is active in our church. we live in a small town and have one middle school.

what role does the school have to protect my girl while she is at school. what do i say to the principle.
he goes to court next month.

as part of a plea agreement that is pending, we have requested restitution and letter of apology. can i amend this.

don't forget he is innocent until proven guilty. although, in a letter of apology recited to me over the phone by an investigator he admitted culpability.

Answer 1

My daughter had a similar experience. (We live in Indiana). You must act now to protect your daughter.

1. Hire an attorney. The attorney can explain YOUR and your daughter's rights. Any information you receive from the school will be slanted to their best advantage.
2. Demand that your daughter not be in any classes or situations where the boy is --- including lunch, homeroom, gym, and especially where he could be alone with her.
3. Talk to your daughter and ask her what she wants. It is important that you give her a voice in what occurs. Don't shelter her, that will only make her feel more vulnerable. Have her go with you and Dad when you go to the attorney. What you need to do now is to empower her. Not to be mean, but I sense that your daughter is a great student but perhaps 'shy' or non-assertive which allowed this boy to assault your daughter. Your job now is to give her the skills to protect herself now and in the future. You need to TELL her that you are doing everything to protect her and put your words into action.
4. I'm unsure where you live. Indiana has enacted anti-bullying legislation, perhaps your state has too.
6. If your daughter has been traumatized so much that she is having trouble focusing in school...doesn't feel safe...etc., talk to her school counselor, perhaps your daughter could have an extended excused absence until the boy is sentenced and removed from school...
5. But to answer your question, your school must actively protect your daughter from this boy.

GOOD LUCK.

Answer 2

I served as an elected school council member for a Chicago public school for 3 years. The school has a custodial role for all of the children while they are on school property during school hours. In this part of the country, the punishment for all crimes are increased when they are committed in a school zone as a deterrent. School officials are responsible for providing a level of security consistent with foreseeable threats. Obviously, the foreseeable threat level in Detroit high schools is greater than where your daughter attends classes. The incident may not have been preventable, even with teachers monitoring the students as they entered the school. The issue then is whether the school's response afterward is adequate. This young man should not be allowed to come within 50 feet of your daughter. Also, the school should be providing counseling for your daughter. If necessary, this young man should be escorted onto and off of the school premises by a member of the school administration or a security person, as well as between classrooms, until such time he can be deemed trustworthy to be free among normally behaved students. You should insist on these measures as a minimum response for your daughters mental and physical well being.

Answer 3

Thank our President for that, the "no child left behind" BS !
It seem the more laws that are made for the schools the more troubled students get protected. I was the head of building and grounds for 8 years in a public school in centeral WI and complained about the new Superintendent who was making me illegally remove asbestos, using pesticides and other things harmful to workers and students. I complained to the state who would do nothing (they told me if I did not like I could quit and get a different job) The Superintendent threat-ed, pounded and lied about me, trying to get me to quit because some of the board members told her I complained, I ended up breaking my back at work tiring to follow her orders or be fired, and then she fired me anyway after I could not do my job. The state protected the school from me suing them, I have since applied for disability two and half years running and still getting jacked around by workmans comp, I don't think there is any justice it seem schools have there own set of laws and rules. There are Major things wrong with the laws of this state. Good Luck if you don't have a lot of money I don't think there is a lot you can do, unless you get people to back you up.
I truly feel sorry for our children of this Country and what they have to go through. Just dont give up, try to do the right thing

Answer 4

They are responsible to provide a safe environment for your child. This boy being back in the school is inappropriate and he should not be there. And, his being expelled from the other school only goes to show he is a problem.

However, if your school district is small, it is hard. They don't have the options that a large school is likely to have (our district has a special school just for kids who have gotten into trouble). And, the school is small enough that they cannot be easily separated. You may have to wait until court next month and ask that part of the settlement be that he be bused/transferred to another school district; perhaps in place of other damages.

Answer 5

yes, the school should be responsible. School is like a home away from home for the students, and the teachers are like their parents away from home. I'm sure if that happened in your house, you are responsible, right?
But I don't know what else do you expect the school to do -- I think the only other thing that they can do is not to take this kid back in school (I don't know if they can legally prohibit a student from going to this school but...)

Answer 6

If nobody saw what happened and the boy denies it it's just his word against her's. It sucks but this is because too many women have lied about sexual assault/battery just to harm a guy.

Answer 7

sue the ciy, school board, and the school principal...
Detroit has cops in the hallways.

Answer 8

There not responsable for that kinda thing and its complete and udderly crapy