I have a 12 year old son whom got suspended from school for fighting the other day. This is his first incident as he is not a pugilist by nature, but will protect himself. The other child, 15 years old, was stopped three times by a teacher from attempting to assault my son. On the fourth time, the student slipped by the teacher and swung at my son, who partially blocked the punch. After several blows by both children, my son subdued the attacker until three teachers separated them.
We have discussed this matter with the school administration but have received no answers from them. Our questions are as follows: 1) Should my son be punished for defending himself when the school officials failed to do so? 2) How does the school expect any child to react in this situation? 3) Based upon the other child telling my son that "this was not over", what is the school required to do to protect my son, and any child for that matter, from another attack? and 4) If my son is attacked by this child again, what are our legal recourses?
1 Answer from Attorneys
You may have a civil rights claim against the school on behalf of your son, although that would be a tough road to hoe. I would consider asking the school to expel the student causing the trouble.