He sent her an inappropriate text on April 1, 2015 as well as to some friends, as an April fools joke. She didn't open it, she took it to the principal and he went to the website on his personal computer. She disclosed this info. to students and also discussed it in one of the drama club meetings. His disciplinary file was labeled as obscene text that linked to a website. the principal, after the punishment had been put into action went behind the vice principals back ( he handles all the discipline) and told the teacher she had been sexually harassed destroying our relationship with her and my sons relationship with her as well. Another teacher also disclosed this info to the county extension agent. Do I have a case and what is the next step?
The only claim I see here is a tenuous one against the school board or authority that supervises the teacher.
And that claim would be one for potential negligence. But only if the school was on notice before the teacher posted whatever offensive content there was, despite being warned not to. And even then, the school may have a defense to that because it took steps to prevent it.
You could sue the teacher for invasion of privacy, maybe. Again that's another tort.
In either event, this is not a contracts question, its a torts question. The school board or authorities or whoever the teacher has a contract with may have a breach of contract claim, but I do not think you have one.
This is a public forum. Any questions or answers published here should not be construed as the giving or receiving of legal advice or the formation of any attorney-client relationship. You should consult with a competent attorney in the jurisdiction where your legal issues are pending and get good, solid legal advice. This being a public forum, those answers you do read are merely given for informational purposes only.
He sent an off color text. He says it was for a joke. The recipient did not see it that way and disclosed her feelings about the inappropriate text. She felt sexually harassed and reported same. I do not believe that any cause of action would be available and suggest an apology be sent o the teacher, the friends who were sent the original text, and the principal for starters. Confirm with local counsel before taking any action.
Assuming your son attends a public school you will face a substantial sovereign immunity issue on any potential claims you might bring against the school or individual educators. In Texas units of government have broad immunity from being sued for torts; that immunity is codified in the Texas Tort Claims Act, which is Chapter 101 of the Texas Civil Practice & Remedies Code.
School districts do not have immunity from claims for federal civil rights violation brought under 42 USC Sec. 1983, but I do not see what happened to your son as a violation of his civil rights.
You posted your claim under libel and slander. Keep in mind that if the allegedly defamatory statement was true, truth is an absolute defense to a defamation claim.
I think your son is just going to have to deal with the consequence of his ill-advised prank. Perhaps he can reform some opinions by writing a sincere apology.
Disclaimer: answers posted by attorney Daragh Carter to questions posted on AVVO are NOT privileged or confidential and will not and should not be construed to create an attorney-client relationship between attorney Daragh Carter and you or anyone else.
There are all kinds of issues here.
Your son sent a n inappropriate text to a teacher. First bad thing.
He deflected the accusation by saying it was just a joke; as would any teenager regardless the seriousness or levity intended. If he did intend to harass the teacher- he certainly would NOT tell you! Or anyone for that matter. Second bad thing.
Then the teacher discussed the issue in class. (was it a cautionary tale or gossip?)Bad thing.
Then it sounds like someone else is fanning the flames to get the teacher agitate enough to file charges. Another bad thing.
In fact, it was not the disclosed information that "is destroying" yours and the teachers relationship- but it was the inappropriate text.
And since you must live in a small town to have a teacher talking to an Ag Agent, it sounds like simply malicious gossip that would not have started if your son had not sent the inappropriate text to begin with.
Probably the best thing to do is to make an atonement for the text. Have your some serve recompense by doing a visible deed that the community will see. That may give them another topic in "what a good boy he is" to gossip about.
Brian Loncar works to defend his clients on any front! However, the information provided herein is intended only as food for thought and does not constitute a lawyer/client relationship. For that you have to come to our office and retain us!
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