Legal Question in Education Law in California

Creating a website

My child goes to a private school. The administration ignores bullying by folks with money or connections. They ignore my concerns when students call others gay, whores or terrorists, etc. Can I write a blog or put emails on a website so others are aware of their practices? My child has been sexually harrassed here. (Police report filed by me and the school). Is there a public entity that would investigate criminal neglect on the school administration or is this only a civil case?


Asked on 2/15/08, 11:34 pm

1 Answer from Attorneys

MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: Creating a website

Hello:

Private vs. public, the criminal and civil laws are substantially the same.

Lets break this down:

1. Ignoring bullying is potentially actionable where the bullying is heaped upon your child AND your child suffers damages. If you have not explored physical injuries or emotional distress WHERE THERE IS A PAPER TRAIL of some form of actual medical/emotional treatment, the "case" has little or no value.

2. The name calling IF NOT DIRECTED against your child is NOT ACTIONABLE. Currently there is no equivalent to a "hostile work environment" in the school setting.

3. You have all of your 1st amendment rights. Writing a blog may be cathartic, but what affect might it have upon your child? Are you prepared to change schools?

4. The sexual harassment as reported may give rise to a viable monetary case for damages. You have not provided sufficient for any assessment.

5. "Criminal neglect" is actually tantamount to "child abuse." YOu have not provided sufficient information to assess this issue.

I hope this has been helpful

Respectfully,

Mark Geyer

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Answered on 2/20/08, 12:45 pm


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