An I sue my school for Defamation of Character?

Asked 10 months ago - Houston, TX

Recently I was given detention for something I did not and would not do. I refereed to the student handbook, and found several violations. One, the teacher wrote harassment on the referral, in which according to the handbook, I did no such thing. Second, the other student who was going around calling me profound names has no punishment towards him, when he violated the Student Code of Conduct, and lastly, the basis of the punishment was the situation of my word against a teachers word, and 6 of her students, who ironically, all have a relationship and liking towards her.

Attorney answers (2)

  1. Alexander Mchenry Memmen

    Contributor Level 15

    Answered . No, you can't sue your school for giving you detention.

  2. Christine C McCall


    Contributor Level 20

    Answered . This is not a defamation claim.

    Your student handbook set forth the circumstances in which you have a right to appeal student discipline. In some schools the imposition of detention can be appealed from. In other schools that penalty is viewed as too minor and there is no appeal.

    If you have the right to an administrative appeal, you need to be certain that you make your appeal within the narrow and strict time limits provided by the process.

    Candidly, the issues you raise are not good defenses. It is never a sound argument that you should not be punished because someone else got away with something. And your other two arguments both turn on a credibility issue as between you and the citing teacher. The school has the right to decide that issue in the teacher's favor.

    If you do not have defenses that are more compelling, you may decide to just let this one go.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more

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