Is there any way to get an unfair zero tolerance disciplinary decision overturned?

Question

My son was accused of sexual harassment by an unnamed female student at his high school basically for hugging. He hugs friends both male and female at school, as do many other students. This one girl and two of her friends (also unnamed) took exception to his hugging and decided to turn him into the authorities rather than simply tell him to stop.

The school suspended him for 3 days and assigned him to a DAEP (disciplinary alternative education program) for the rest of the semester. He will not be allowed to return to his high school next semester. He will also lose credit for the entire semester in his Pre-AP English, Algebra, and Chemistry classes as well as in his electives, as these classes are not offered at the DAEP.

We appealed the decision, arguing (with plenty of Supreme Court cases and educational code citings) that his due process rights have been violated. But not knowing the identity of his accusers, there was no way to mount a defense. Is there any way to fight this?

You're wrong. Students get or disciplined for ridiculous reasons all the time. Third graders get suspended when they find a butter knife in their lunch box. Zero tolerance means it doesn't matter what your intention was or whether it was really harmful, all that matters is that there is a complaint. The school is much more afraid of opening themselves up to a lawsuit from a girl who has claimed sexual harassment than from the boy who is innocent of those charges. In fact, they are so terrified about sexual harassment charges that anything someone takes offense to automatically results in assignment to a DAEP. That way, administrators cover their *** against lawsuits from the girl and can place the blame for the decision on school board policy. They don't even have to follow due process necessarily.

Do some research on how even the American Bar Association opposes zero tolerance policies because they lead to violations of constitutionally protected rights if you don't believe me.

It's routine for schools not to reveal the names of alleged sexual harassment victims due to Title IX & FERPA privacy rights that encourage girls who've been harassed to report allegations without fear of retribution. This is a good idea in theory, but given that with sexual harassment, the crime is in the eye of the beholder, it makes it impossible for someone accused of harassment to defend himself if the person making the allegations is unnamed.

In my son's case, we did have access to the girl's written statement, in which she claimed that when he hugs her, it makes her feel uncomfortable, along with allegations that he runs his hands up and down her back. I've seen my son hug friends & family members, both male & female, a million times, and that so-called "rubbing of hands up & down" amounts to nothing more than a couple of pats & a tiny rub that is typical of supportive hugs. It's hard from the description to judge who it is and say whether the description is accurate or not.

No, the school did not tell us whether they have had other problems with this or not. In fact, they have done their best to make sure we have absolutely no idea how many other boys have been spirited off to alternative schools at the first hint of any sexual harassment allegations.

That's part of why it's so hard to fight this: they don't tell you anything, & they removed him from campus so quickly that none of the friends he left behind had a clue what happened or where he went. He is forbidden to return to the campus and could be arrested for doing so. An administrator also told him to stop asking his friends questions about things, even though that was our only means of trying to discover who had accused him of this and why.

Although he has had many friends back up his story that his behavior is non-sexual & typical for a high school student, but the district disregarded their testimony without explaining their reasoning.

Guilty until proven innocent is apparently their motto.

Answer 1

I am flabbergasted that the identity of the girls was not revealed. Did you ask the superintendent of schools about this?

As for knowing the identity, of course you can't defend him. These could be girls who have never even met him. I would ask to see the evidence and if they cannot show you anything, I would go after the super. of schools and school board.

Kids in a school do not have the same rights/protections as adult citizens at large, but if he doesn't know who he offended, then how can he avoid doing it again?

How many kids have dealt with this in your school? Can the school tell you? Maybe a local newspaper should look into this.

Didn't we learn anything from the witch trials?

Answer 2

If you are willing to go and fight the decision and hear the entire story, good or bad, then you need a lawyer. This is the only way you will get a proper decision. It may take a lot of time and money, but you will get the entire story from both sides and hopefully, justice. Before you run to your lawyer and plunk down the retainer, talk truthfully with your son and let him know, and decide, how much this will ultimately cost in dollars and possibley reputation.

Answer 3

There is little question that if taken to court, the school will have to give your son a hearing. Your problem is the cost of going thru this process Good luck

Answer 4

If it were just a simple matter of "hugging" it wouldn't have gone that far. There is more to this story. A school would not do that unless they felt they had a strong case. Period, or else they'd be opening themselves up for lawsuits.