Can I sue the school for slander?

Question

my son was in school and told this girl that she dropped her pencil. The teacher told him that that was sexual harrassment and called him a pervert, she told my son that she knew he was just trying to get this girl to bend over. She also gave him 3 days detention. My son upset went on to the next class. This teachers next class came in and the teacher told this whole class what a pervert my son was. (A boy from this class came up to my son after school and told him the teacher called him a pervert) I went to the principle and he just said that he was standing behind his teacher, he didn't even want to know what the boys name was that was in the class after my son. All he said was that the teacher did not say this and as far as he was concerned it was over. My son never asked this girl to bend over or to hand him the pencil all he said to the girl was that she had dropped her pencil. What I want to know is can I sue the school for slander?

Answer 1

It was NOT appropriate for the teacher to be discussing the matter with another class and using your son's name. However, sexual harassment is very common in schools and should not be ignored. Perhaps the teacher was using this as a "teachable moment?"

As a middle school teacher, I deal with the issue every year! When the hormones hit, students will do things that you wouldn't believe!! (Yes, even kids from good homes with good parents.) And they routinely lie about it to stay out of trouble. Your son may spend a lot of his time thinking about sex and girls, and he may not want to share that with you.

Bottom line...although you want to and should be an advocate for your son, don't assume he always tells you the truth. The teacher would have no reason to make this up.

Answer 2

You can sue anyone you want to anytime you want to .

The questions you want to ask before proceeding, though, are these:
1. What do you hope to accomplish with a lawsuit? Are you looking for a cash payout? Are you looking for an apology?

2. Are you CERTAIN that you are right - that your son did not tell the girl to bend over for perverted intent?

3. Who do you plan to sue? The teacher? If so, do you have any idea how much of a judgement you'd be able to collect from a teacher's salary? The school? Is there money in the school's budget for paying out slander lawsuit losses?

4. Did you or your son suffer any real harm? Can you PROVE that you or your son suffered real harm?

I'm not being harsh, I'm just asking the questions your lawyer will also ask you.

This sounds like the sort of matter that would be best brought to the attention of the superintendant of schools. Your probable best case scenario is having the teacher apologize, and have the matter dropped.

But, yes, you can sue the school if you want to. HOWEVER, if you lose, be prepared to pay court costs. Also be prepared to be countersued by the school for malicious prosecution.

Answer 3

Yes you can and I hope you do because teachers complain about students being disrespectful but little do some parents know that many teachers are very disrespectful toward students and call them all kinds of names. And the principal gave you the answer. He told you as far as he was concerned it was over. He knows this teacher and doesn't want problems for the school because he know the trouble it may cause. I say go for it and if not at least tell this teacher off and report her to the board of ed. Who knows, other students might step forward and if this teacher has done it many times before she shouldn't be teaching or around kids if she has no respect. Sound to me like she's the pervert if that's the first thing that popped into her mind about your son. **** luck.

Answer 4

What you can do is take the matter to the education department. Cite your concerns in a 1 page letter. First paragraph a brief reason why you are writing and what you hope to gain - a written apology from the teacher and principle stating that they were incorrect in their assessment and had over reacted by osterising your son in public and humiliating him. 2nd paragraph in point form what occurred and how this effected your son.

Third paragraph should conclude and read something like this " In conclusion this experience has effected my son's self esteem. My son had in no way held any covert intentions by telling the girl she had dropped her pencil. How this action was interpreted is a reflection on the teacher's way of thinking and not my son's intention. Further I would imagine your school would have a student sexual harrassment policy that would deal with matters in an equitable and confidential manner and to ensure the privacy of the young woman concerned and a counselling process for my son IF it was first established that my son's reason's for telling the girl she had dropped her pencil was for the purpose of seeing down her shirt! I would imagine that the blatant attempt to embarrassing my son in front of his peers and label him a pervert would not have the desired effect of attempting to get young people to understand their actions and the impact it has on others. The teachers knee jerk reaction to this situation and the principals refusal to look into the accusations appropriately has greatly offended me and my son and has had counter productive outcomes.

Clearly from what you have stated that the teachers way of handling this matter has not been appropriate. It would be more appropriate to speak with your son on his own and ask him why he told the girl she had dropped her pencil. If the teacher was satisfied that your son's intentions were not out of politeness but rather to peak down her shirt the teacher should of counselled your son on the rights of women and sexual harrassment policies. Then the teacher should of spoken to the girl. If the teacher was not aware of their own sexual harrassment policy for students the teacher should of firstly read the policy. It sounds like the teacher did not know what to do and this matter has blown out of all proportion. Its very difficult to sue for slander - but I would think writing to the education department - to their manager of complaints and CC the letter to the principal. I hope this helps.

Answer 5

Yes you can. Anyone can sue, but the question you must ask yourself, Can you win?? This is a no win situation. Even if you do win, your son and your family will pay the price. Sueing a school is not easy and in the mean time, they can make your son's life at school very hard. Even though it was a very unfair treatment to your son, sometimes it is easier to just walk away and realize that some teachers are rude and unfair, then to stand firm and fight. I wish you luck.

Sincerely,
A Happy Homeschooler in Texas!!

Answer 6

to win a libel case, you have to prove in court that the comments were false. then you have to prove how you were damaged or injured. it isn't enough that the anon. author can't prove the comments are true. btw, school newspapers are supposed to be supervised by either a teacher or administrator. They're supposed to explain the libel laws to the paper's staff and prevent inappropriate stuff from being published. you can complain to that person as well. if complaining accomplishes nothing, and this is a public school, you can also complain to your district's school board member [or any member who'll listen]. I suspect that the principal wouldn't be pleased to get a phone call from the board member asking about proper supervision of the school paper. Might even cause the action you want to happen.

Answer 7

This teacher sounds nuts. I have a policy about the insane, I stay as far away from them as possible. I think suing is only going to make it hard on your son. This teacher has control of your son's marks, and with the backing of the principal I don't see that you will have much success except in having your child suffer. Ask if he can transfer to another class, away from this teacher. This is a no win situation, and your boy is going to be the one to pay.

I bet your boy is not the only one this teacher is abusing. Talk with other parents, PTA, etc, and maybe you can get this teacher out of the school.

Answer 8

You can sue the school but it is a whole lot of hassle. You would probably do better to just threaten to sue. Make it clear you are completely ready to do so. Tell the headteacher that unless the incident is dealt with as you see appropriate; you will sue. Do not get aggressive and be careful what you say just in case it does end up in court, then you will be able to say you are completely blameless and followed correct procedure.
It is awful what is being done to your son. It is bullying and I hope it gets sorted out.

Answer 9

slander, how about negligence, willfully causing emotional distress, malicious persecution, rush to judgement, a failure to give an individual a fair hearing, and a whole ton of misdeeds and wrongdoings were perpetrated against your son , that fall under the category of TORTS, or wrongs against a person for which you should be entitled to obtain a good chunk of cash!!!!!! This incident is going to negatively affect your son for years, and kids are not going to forget..they are going to shun him, call him a pervert, and just at the most formative years of his life..he is going to be repeatedly bullied harrassed and ridiculed..His chances for coming out of this without some sort of servere deep and prolonged emotional scarring are almost certainly nonexistant!!!!!!!!


talk to a lawyer, and call the school board trustees!!! pronto.

This teacher needs to be severely punished.

The lawyer will be able to do a much better job of what I am getting at!!!!!!!!

Answer 10

You probably can't sue the school, but you can make life extremely difficult for that principal and teacher. Start by bringing as much attention to the issue as possible locally. Put the heat on the school board to do something and get as much documentation concerning the incident as possible.