Legal Question in Discrimination Law in California

School Discrimination / Harrasment.

My son (Hispanic)was just suspended from shool for fighting with a boy (white) whom was making dicriminating derogitory remarks regarding Mexicans (calling the border patrol on them). (My son and his freinds). When faced with the boy, he turned to leave after word were said, the boy punched him inn the face. Both boys were suspended for five days including no school activities. My son is trying out fo the baseball team. This means he will be unable to try out because of this. The paperwork on the suspension does not state anything on the discriminating remarks that were made by the boy or that my son (14) was defending himself from his punches.

I know this will be on his record, but i want the statment showing as what happened. Is there a right to my child for having to go through this kind of treatment because he is Hispanic. Is this consisdered a typ of Harrasmant.


Asked on 1/17/03, 6:14 pm

1 Answer from Attorneys

Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: School Discrimination / Harrasment.

It could well be a discriminatory act, or it could be simply a no tolerance for fighting policy gone astray. It would check out the admininstrative remedies available at the school. Then, if you are not satisfied. file a claim with the school board and the appropriate civil rights body and see whether you feel satisfied, if you do, whether your son is exonerated or not, forget about it. If not, pursue a claim against the school board.

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Answered on 1/24/03, 6:54 pm


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