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10 year old accused of bullying after accusing another student of bullying

Chicago, IL |

My 10 y/o has been harassed for 3 yrs by a classmate. It has gotten physical. Over the years I have verbally told the teachers about the problem. 1st week of school - the problem starts up again. I notify the Vice Principal, she doesn't respond. 6 wks later it is still a problem. I notify the principal. The counselor calls a meeting between the principal, myself and the counselor. I show up for the meeting and the other child's parents were there, a region rep, and the principal. The entire meeting focused on accusing my DD of being the real problem. Nothing was resolved accept to blame DD for everything. I am concerned that we are being retaliated against and that the Principal is not a neutral party in this situation. Do I need legal rep now to protect against future allegations?

To my knowledge, my daughter never harassed this child. No one has ever informed me of any inappropriate or mean, behavior on my daughter's part. I am very confused by this and am extremely concerned about this. To my knowledge my daughter has never gotten into trouble in school ever.

Attorney Answers 2

  1. It would not hurt to consult with an attorney who handles these sorts of school matters.

  2. The cops should be called every time this other child threatens your kid or gets physical with her. Then, obtain every single police report. Also, get a local lawyer to send this other kid's parents a legal letter. As long as she is a minor, they are responsible for her actions if they know, or should know (if circumstances exist that would put a reasonable parent on notice)--the legal letter would put them on notice. That might get them to reign in their child. After that, you can sue the parents for civil assault (which is putting someone in imminent apprehension of harm), battery (hitting) and whatever cause of action would be against this other child. If you can show the court a pattern and course of harmful conduct, and that your daughter will suffer immediate and irreparable harm, you can also get a restraining order, at least a temporary one--that usually scares the school because then they have to keep them apart and monitor it.

    As for the school, you need to obtain the school/district's written policy on bullying. They are obligated to follow it and investigate. But if their investigation does not reveal anything actionable in their opinion, they are not obligated to act further.

    We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.

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