My daughtere was sodomized, within 3ft of her teacher, The incident included several other students. The students were made to sign confessions. Neither DSS or the Sheriff dept was contacted. The school is threatening to expel my daughter indefinitely. My daughter states she was coerced by the boy and another girl already in commission of the act. The schoool bases her suspension on the standings that this was consensual. My daughter and the students involved are 7 and 8 yrs old and cannot consent to sex of any kind. Which is why I said she was sodomized. The sheriffs dept encouraged me to press charges against the boy, who is 8. My daughter should not be asked to leave school.My daughters reputation and mine are ruined. Making them write out the disgusting details! I feel helpless!
Employment / Labor Attorney
It is often hard to find attorneys to assist with school problems in North Carolina. Many do represent the school systems. You will definitely need to look outside the Elizabeth City area.
In any case, there are both federal and state laws that may provide you with legal options. However, it may be dependent on your daughter's conduct compared to the conduct of the other two students. An education attorney would have a number of tough questions for you, including but not limited to:
Does the evidence show your daughter was forced or willingly engaged in the act?
Had the other children engaged in similar acts before?
If so, was the school aware, or should it have been aware, that the other children had engaged in such acts before?
How were the other children punished?
This is a troubling situation and there may be no easy answer or quick resolution.
Kirk J. Angel is an experienced North Carolina licensed attorney who focuses his practice on employment law. Mr. Angel, who has focused on employment law for more than 15 years, represents clients throughout North Carolina and more information about him is available at www.theangellawfirm.com This response is for general informational purposes and does not constitute legal advice. Additionally, this response does not create an attorney client relationship. If you need legal advice, please contact a lawyer in your state who practices in the appropriate area.