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My son was physically assaulted by an employee at his middle school. The principle notified me of this the day it happened.

Chicopee, MA |
Filed under: Education law

My son is accusing a school employee of choking him and the school is investigating it. The employee is on administrative leave and the last time I spoke to the principle of the school (yesterday, Wednesday October , 2013) he informed me it is taking longer than expected and now the attorneys are involved and the school union. I don't know where to turn for help. Because the school informed me they are working with their attorneys makes me worried that they know they are at fault and I don't know what to do at this time. The school did say they will give me all the documentation from the investigation after they redact it so I am awaiting this info. What recourse do I have?

Attorney Answers 4


What do you want to happen? Have the police been involved? Was your son injured or otherwise traumatized? These are all questions to discuss with an experienced civil litigation attorney.

This is intended for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.

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I have not notified the police as of yet because I didn't know what I should do. I was waiting to see the results of the schools investigation. My son has been emotionally traumatized by this incident as well as myself and I don't know what to do to proceed with this. Should I wait for the schools investigation to be complete or should I contact the police? The fact that the school now has their attorneys involved makes me concerned that they know the teacher was at fault and they are covering all their bases before I make my move. Any suggestions? Do I have a case or is it too early to say?


I agree with my colleague that you need to sit down with a civil attorney and talk about various options. Reporting to the school district superintendent. Reporting to police. Etc.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

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There is no sound reason for delaying a police report here.

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I am sorry that this happened to your son. I suggest you immediately make a a written demand for all your son's education records, including discipline reports. Consultation with an experienced attorney in education matters would make sense. This is a complex situation with many layers and overlapping laws.

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