I was in a fight yesterday at school and i turned up today and found out i had been suspended. i was hit first and tried to hit him back but i couldnt land any punches. Was i right to punch back and should i sue my school for neglegent disciplining
2007-11-13 09:35:43 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Im at home now on the suspension for the rest of the day while the kid is still at school. What can i do?
2007-11-13 09:59:26 · update #1
Most schools do not care about circumstances anymore. A no tolerance policy may be in effect.
In my opinion, the first one to throw a punch is the caveman. We are intelligent people with the ability to communicate. Even in high school. Be better than him.
Hey, life is a learning experience. And you just hit a bump on the road. Learn from this. Do what is required of you. In the end, you are all the wiser.
2007-11-13 09:57:55 · answer #1 · answered by Robert S 6 · 0⤊ 0⤋
It all depends on the circumstances that led up to the fight. If someone came up to you and just started to throw punches at you, by all means you should defend yourself. I would and have as a kid. As to suing the school, doubt you would win, but here again, depends on the circumstances and if this has gone on for some time and the school was aware they ahve a troublemaker and did nothing about it you may have recourse then. You could look up in the yellow pages for a lawyer that deals in this and that gives free consultation on the phone of 15 minutes to a half hour and see what is said that way. Everything is based on what led up to the incidence and the outcome. That is how lawyers and the law figure this stuff out. If this has gone on for a while and they did nothing to the troublemaker you may well be able to get your suspension rescinded altogether. Do some checking and good luck! It is worth checking because what you never ask will never have an answer and you will never know, but at least you will if you ask and you can put your mind at ease by knowing you tried rather than to wonder for months on end after as always happens with the what if this or that, and there are no stupid questions. The only dumb, stupid question is the one never asked!
Best Wishes and Happy Holidays!
2007-11-13 17:51:18 · answer #2 · answered by MyTwoCents 2 · 0⤊ 0⤋
If you think you are being treated unfairly, try to appeal the decision. Most schools have an appeals process. Also, if you think you have legal recourse, talk to a lawyer.
Chances are it won't matter who threw the first punch. I know that my school has a zero tolerance policy for violence. The only way out of it is if you can demonstrate you weren't fighting back.
I don't know your school system, but trying to sue over negligent disciplinary actions is probably unwarranted as they probably complied with their rules: suspend those involved.
Besides, you shouldn't sue the school for negligent discipline. The other kid's parents are responsible for his upbringing, not the school system.
2007-11-13 17:43:35 · answer #3 · answered by alaisin13 3 · 0⤊ 0⤋
Most schools have a policy of suspending both parties no matter the situation. If you were attacked and you fought back then you are also in the wrong in the eyes of the school.
Most likely they feel that suspending both parties is safer, get you both out of school for a few days so you both calm down and by the time you allowed back to school the situation has blown over.
2007-11-13 17:50:58 · answer #4 · answered by rockergirl20032003 4 · 0⤊ 0⤋
OK - several issues here :
''...tried to hit him back but ...'' they rarely see who punches, but almost ALWAYS see who hits back. Your bad.
''...sue my school for neglegent disciplining...''
Yeah - one of the big Constitutional Protections here ...
If you're a fifth-grader I apologize, but any older, just grow up.
Get your parent[s] to talk with the principal about what can be done and equality of treatment in this issue.
2007-11-13 18:45:12 · answer #5 · answered by sirbobby98121 7 · 0⤊ 0⤋
No, and no.
Violence never solves the problem. And for the most part, being right or wrong isn't important in life. Being a good person, is much more important than being right.
And the school rules say no fighting, so it doesn't matter who started it. If you participated, then you broke the rules, so they're doing the right thing by disciplining you.
2007-11-13 17:48:19 · answer #6 · answered by abfabmom1 7 · 0⤊ 0⤋
In my opinion, you were absolutely right, provided that you didn't overreact to something small. It most likely wouldn't be worth the trouble to sue, but if you could make them see your side of the story, they might lessen the suspension or remove it altogether.
2007-11-13 17:40:15 · answer #7 · answered by Sarah S 3 · 0⤊ 0⤋
JUSTIFICATION IS EVERYTHING!
2007-11-13 17:44:26 · answer #8 · answered by Anonymous · 0⤊ 1⤋