Legal Question in Sexual Harassment in New York

Unwanted Touching

A female student repeatedly placed a sticker on my son's arm to pull the hair off. My son asked her 3 times to stop. She refused and stated ''what are you going to do about it?''. My son told her he was going to ''slap the black out of her''. He is 14. The school suspended my son and did nothing to the female, black student. Is this battery?

Asked on 6/01/09, 11:26 am

1 Answer from Attorneys

Randall Brett Law Office of Randall P. Brett
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Re: Unwanted Touching

If the female student touched your son without his permission, it may be battery. You should talk to your local authorities regarding filing a criminal complaint. However, your son might also be charged with making threats, and I suspect this is the reason the school suspended him. You should talk with an attorney who is familiar with the policies and practices of your school district before you take any action.

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6/01/09, 3:13 pm

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