Posted on 10/21/2010 8:09:47 PM PDT by Sybeck1
Today my 12 year old daughter was in class when a student came in and asked her if she would come into the hall to talk to the police. When she went into the hallway a police officer explained that she needed to go to the principal's office with him and she then asked if she was in trouble. He gave her no reply. He asked her if she wanted to walk by herself so she wouldn't be seen with him and she said, "No, I don't care." When she finally arrived at the principal's office across campus there were four other officers present along with the assistant principal. The assistant principal had a letter written which was threatening to kill a fifth grader who was at another school across town. It said, "I'm going to kill you." Signed "My daughter, 7th Grader." The 5th grader claimed that my daughter was threatening her with notes on the bus.
My daughter does not ride a bus. My wife is a teacher and we live in another city. She rides to school with my wife. My daughter knows the little girl's older sister from church, and to my knowledge the older sister of the accuser is my daughter's friend. She spent the night at our house once.
These police officers proceeded to question her several several minutes. The school never contacted us. The police officer told my daughter to be sure and tell her mother about it.
Then my daughter had to RUN back across campus, all the time crying and knowing that people saw her with a police officer, THE ONE THEY ALL KNOW RUNS THE BULLYING PROGRAM AT THE SCHOOL.
My son is in 8th grade and heard that his sister "was in trouble with the police." My daughter's reputation has been ruined by someone who simply does not like her. This person chose to try to get her in trouble for that reason and that reason only. Isn't that bullying in itself? Can my daughter be questioned without a parent present?
Time to yank your kids and homeschool them.
ping
I can’t add much to what’s been said other than the procedure used here just stinks. The school seems to have abdicated their responsibility to the police, and while it may seem like a big step, getting an attorney and going after the school will at least help your daughter feel like less of a victim, and that’s what you obviously are concerned about. With the crazy PC nonsense going on now you’ve got to fight fire with fire.
When you send your child to public school, you essentially place your child in the care of the state and hope to have them returned to your care at the end of day.
Truly. That’s the way it is.
Not sure why you are posting me.
I guess I’m going to lean with Cindy on this one... I know what I would do in that situation and would not need to come on here; but then there are a lot of bright minds on this forum and most people are genuine and will give their honest and sincere opinions. Then again...
“.... the older sister of the accuser is my daughter’s friend.”
*************
Had this sorta happen once with a kid of mine. Her friend was the daughter of a local cop and when HIS kid tried to cut her wrists, she used MY daughters name when picked up with bleeding arms because she was near my house and didn’t want to be ID’d as a cops kid.
Long story short, I went to the school, raised holy heck, showed the school my daughters uncut wrists and the school Detective finally figured out what was what.
My advice, shout and defend your kid to the max.
Sue the Principal, the accusing student and the school board; they’ll fold like a house of cards.
The Principal will be fired and the accusing student will be transferred to a different school. That will send a huge statement to everyone else at that school about screwing with other people’s lives!
Is it your daughters hand writing? If so there is a problem. If not call an attorney, oh,if so call an attorney.
“Can my daughter be questioned without a parent present?”
Depends upon state law as to whether and to what extent this can be done. Many states now *require* that a huge hulabaloo is made over such inane incidents in school. Mississippi is one such state.
Many “get tough” and “zero tolerance” laws and policies are utterly stupid overkill in application and practice. Once the complaint was made the school officials were obligated by law to jump through some of these hoops. The principal exercised his/her discretion to take your daughter’s word at face value it would seem.
Why be such a jerk? No one forced you to click on it.
I’d like to think that some FRiend might point me in the right direction if I needed some quick guidance on any particular subject.
Plus this is good advance warning and food for thought for anyone who has kids, or friends or relatives with kids in the horrible, over-reactive public education system.
Sound extreme? Consider that if you do decide to bring suit Discovery works BOTH WAYS. Every time you post on the Internet about it that is subject to consideration for the opposition to use.
So again do not do anything UNTIL you talk to a lawyer.
Now next thing to consider...
There have been several issues in the news lately wherein school kids have bullied someone. In fact one poor little girl took her own life over it. So with that in mind Schools are going to CYA and make sure it is known they are doing something proactive. Sounds like your daughter is collateral damage as the bureaucrats rush to cover their backsides.
Does this excuse them from dishing out the rough treatment to your daughter you are telling us about?
Hell no!
That is why I can't say this enough: "Call a Lawyer ASAP and do not communicate anything about this situation to anyone else until you have done so!"
Good luck and if you find you have a case I hope you make them pay dearly!
The police and the principal had an obligation to investigate the circumstances before humiliating your daughter. They had all kinds of options like handwriting analysis, bus tapes, fingerprints on the paper, or just common sense and questioning the girl who brought in the note.
Why they went to your daughter first under such embarassing conditions is hard to understand.
“As a former juvenile delinquint, I was questioned, as a minor, without parent presence. They still must read Miranda rights if an arrest has been affected, however, since most minors won’t understand, those rights must be explained in a way that minors would understand.”
Nowadays, if an arrest is or is about to be effected an adult must be present in at least some states (I don’t know if the requirement is federal or state by state). This is usually the parent, or in the parent’s absence, some representative.
Based on my own experience with finding an good, aggressive and ethical attorney,you might try this:
Go to another police department in in your county. Hopefully a larger one than the one that sent the officer to your school. Ask to speak to the most senior detective.
Talk with the detective and if you get the sense that he is sensible, professional individual, ask him who is the very best criminal attorney in the county.
Go to that attorney and lay it all out. He’ll do the rest, and you probably won’t have to pay anything other than a small retainer.
“I get the impression that the cops knew this too but had to investigate it ANYHOW because of some dumb regulation, which is why they told your daughter she needn’t even go with them.”
Exactly.
You think they should have run fingerprint checks rather than simply ask the girl “Did you write this note?” I mean, come on.
So your daughter was bullied. Anti-bullying programs often end up being bullies themselves. Free speech is restrained, false accusations are made, the innocent are treated innocent until guilty, and those in power control those who aren’t.
It’s the nature of the beast.
I am not in favor of bullying among children OR adults, however, I generally oppose anti-bullying programs because I think the create far more problems than they solve.
...by criminal attorney, I meant an attorney who has worked as a prosecutor and earned the respect of the detective.
Your daughter needs to be rescued from government school anyway. This is as good a time as any. Homeschooling is very inexpensive, and there are lots of ways of making it work with your schedule if you make a real effort. Alternatively, find a Christian school.
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