'48900. A pupil may not be suspended from school or recommended for expulsion, unless the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act as defined pursuant to any of subdivisions (a) to (q), inclusive:
(a) (1) Caused, attempted to cause, or threatened to cause
physical injury to another person.
(2) Willfully used force or violence upon the person of another, except in self-defense.'
Well, I am specifically referring to part 2. Does that part mean that a person CANNOT being suspended at school for self-defense???
2007-12-02 03:49:43 · 16 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
First off any incident will have to be thoroughly investigated from both sides. (a popular police saying is there is both sides of the story and then there is the truth)
Yes, this does indicate that a student can not be suspended if they use self defense.
Keep in mind that self defense is only enough force to stop someone from hurting you.
I have never been a big fan of school boards handling fights, drugs, or disturbances. Have the Police been involved in this?
2007-12-02 03:59:00 · answer #1 · answered by smokeyjoe 3 · 0⤊ 0⤋
Well, I am specifically referring to part 2. Does that part mean that a person CANNOT being suspended at school for self-defense???
YES. In addition, the student is protected by some constitutional procedural due process rights in terms of making these determinations because this is a state law.
see:Goss v. Lopez
2007-12-02 04:24:50 · answer #2 · answered by qb 4 · 0⤊ 0⤋
Thats a judgement call by the school authorities. While you should be able to defend yourself against harm, you also have a responsibility to get away from the situation as soon as possible. An example would be, if you pushed the other person to the ground, you then leave the area, not keep beating on them. Here in Arkansas, both combatants in a fight in school get suspended. They claim you should just "cover-up" to avaoid injury until a teacher or other administrator arrives.
2007-12-02 03:56:18 · answer #3 · answered by sensible_man 7 · 0⤊ 0⤋
Any act in defence cannot be treated as punishable. i think proper mind not made before ordering. A pupil done for self defence should not be suspended. it is to be say misuse of power vested on the principal or school authorities.
2007-12-02 04:00:18 · answer #4 · answered by Tamil from Vellore 7 · 0⤊ 0⤋
That sounds to me that they can be suspended for any violent act except for self defense against the other person.
2007-12-02 04:00:41 · answer #5 · answered by dreamer 3 · 0⤊ 0⤋
It would seem to, but;
If in self defense you caused physical injury to another person you could be suspended under a(1)
Be awaire that it is almost always impossible to determine who started it.
2007-12-02 03:56:53 · answer #6 · answered by paul 7 · 0⤊ 0⤋
You can not be suspended for self defence, provided the superintendent or the principal of the school agrees it was self defence.
2007-12-02 03:56:27 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Right. It's saying self-defense is the exception--can't be suspended or expelled under those circumstances.
2007-12-02 03:53:50 · answer #8 · answered by Anonymous · 0⤊ 0⤋
no, it means that if the person used physical violence in self defense they May not be suspended it does not state that they can not be suspended
2007-12-02 03:53:07 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Right. If you just out of the blue deside the beat up on someone, and you make the first move, and they fight you off, you're the one that would get in trouble, not him, because what he did was self-defence.
2007-12-02 03:53:13 · answer #10 · answered by Anonymous · 0⤊ 0⤋