my son was denied his due process rights, what can I do now.

I could use some help on which direction to go from here if anyone has information. {A} District School District One school officials and board members violated my son’s Due process rights to a fair and impartial school disciplinary hearing and procedural safe guards were not followed. My son is an African American male with a learning disability. I believe the school has taken advantage of an opportunity to kick a special needs student out without the benefit of Due Process and place him in the criminal justice system.

On 12/08/2009, I attended a disciplinary meeting with the school resource officer, principal and hearing judge on allegations made against my son by another student. I would like to request assistance based on the following grounds.

1) During the disciplinary hearing the main witness in the case was not present. We have a right to cross-examine all witnesses in this case.

2) The next witnesses a police officer would not any answer questions involving the case. In addition, his refusal to answer questions did not have any bearing on the case. However, I was told by the hearing because my son did not answer questions based on pending charges that he had not choice but to find him guilty.

3) My son has a constitutional right not to answer questions because of a pending criminal case in this matter. His refusal to answer questions was not supposed to be used against him. Yet the hearing officer specially referenced his refusal to answer questions as a basic for his decision to side with the school.

4) Excessive punishment. It clearly states that for a first offense on a student with no prior offenses that the punishment is 45 days. My son was expelled for the reminder of the school year.

5) There was no evidence that my son committed the charges he is accused of. Other than the word / hearsay of a student that was caught in the act of violating school policy.

6) There were also inaccurate and false statements made by the Principal [name removed] during the hearing that contradict his written statements and verbal statements.

7) The principal charged his testimony and injected himself as the main witness in the school incident. Despite reports that list the assistant principal as the main witness.

8) My son was nowhere near the other student when the student was allegedly breaking school policy.

9) During the students voluntary statements he made several contradiction.

10) I have the school principal on tape lying about events in the gathering of facts for the disciplinary hearing.

On 01/12/2010, I attended an appeal of the disciplinary hearing at the school board. I brought an attorney who represented my son in this matter. My attorney brought up matters such as due process violation because of a pending criminal case, inaccurate statements by the principal, inaccurate finding of facts by the hearings officer, contradictory statements by the other subjects and violations of procedural guidelines violations.

I have the principal on tape from both meeting lying about his testimony. Nothing seems to matter down here. They seem to be doing what they want. My has been kicked out of school based on allegations and false testimony. I have the false testimony on tape and I cannot get anyone to do anything, yet even with an attorney, they blew the issues she raised off.

An education is a very important thing and my son had his striped away in the blink of an eye. And despite the false testimony given by school official, nothing is being done. I know everyone probable says that, but I have school official on tape contradicting his prior testimony

My son’s education has been striped from him without cause. I can provide copies of reports and tapes of the disciplinary hearing and the appeal hearing to prove that the school board ignored evidence and that a school official lied during his testimony. Education is a federal protected civil right and no one at the local level or state level is willing to help. If it is happening to my son, it is happening to many other students.

(The complaint is against the [a] school District one

Including board members, the superintendent [name removed] 

Principal [names removed] assistant principal [name removed]

I think you are confusing a criminal case (where the accused has constitutional rights) with a school disciplinary case (where a child doesn't).

If you think you need to litigate against the school for alleged wrongdoing, you will need to consult an attorney.

And if there is a criminal matter pending against your son, I hope you already have gotten him an attorney.

I edited your post to remove the school name and the names of the individuals per the rules of the Forums to omit this information.

I've included a link to the posting rules for future posts.

http://community.lawye...

Thanks,

Sharon

a student has the right to a fair and honest hearing. I have school officials lying on tape and changing their statments. I have a rush to judgment and now a cover up so they want get sued. Students have due process rights. an education is a civil rights, you dont give up your civil rights because you go to school.

jawllms:

a student has the right to a fair and honest hearing

Perhaps, but it's not the type of rights guaranteed by our government; those refer to criminal law.

Due process still applies for educational hearings.  Criminal protections do not apply.

jawllms:

have a right to cross-examine all witnesses in this case.

You may or may not.  It's entirely possible that hearsay is admissible, affidavits, etc.

jawllms:

4) Excessive punishment. It clearly states that for a first offense on a student with no prior offenses that the punishment is 45 days. My son was expelled for the reminder of the school year.

That isn't going to apply.  If a student attacked the principal with a 2x4, the school would never be limited to a 45 day suspension.

jawllms:

5) There was no evidence that my son committed the charges he is accused of. Other than the word / hearsay of a student that was caught in the act of violating school policy.

That IS evidence.  Apparently evidence the hearing officer could consider.

Schools are governed by administrative law.  You have to exhaust your administrative remedies before you can take advantage of the court system.  You had an attorney at one point and you should be asking him about this.  This site does not offer personal assistance.

Update on my case.

All criminal charges were dropped and my son was fined $75 for smoking a cigarette on campus. I knew it from the start there was never any P/C for a felony arrest. But the school needed the school resource officer to charge my son in order to legitimize there charges and to classify him as dangerous in order to remove him from school.

I have been complaining about these school officials for a year and a half over Special ED services for my son and I have filed federal civil rights complaints. I believe the school took advantage of the situation and molded it into an opportunity to get rid of my son and his complaining dad. What really makes me angry is that they used the justice system to kick my son out.

This is the same system I have been trying to use to make them teach my son and it worked better for them. I am going to charge the school official with filing a false, fraudulent or unfounded report or statement or to knowingly misrepresent a fact for the purpose of interfering with the orderly operation of a law enforcement agency or misleading a peace officer.

And if a person lies to an official in connection with an official proceeding about an issue that is material to a case while not under oath or penalty of perjury, they commit "unsworn falsification”.

I have the school officials lying and changing his testimony is recorded administrative and disciplinary appeal hearings. They have to be held accountable for there actions.

I guess in a perfect world that’s how it should work. But it did not happen in this case. The charges were trumped up against my son and they were allowed to move forward. As you can see in a court of law, they had no standing. There was absolutely no P/C and all the charges were dropped.

I don’t know if you have ever heard this before, but the charges must fit the crime. There must be P/C to file the charges. The police just can’t stop and detain someone, charge them with fictitious charges and figure later on the DA will provide the P/C and prove the case. The police must have probable cause to believe a crime was committed and the submitted charges must fit the crime.

There was absolutely no P/C in my son’s case. He was charged in tendon with the school in order to remove him from the school. The justice system was used in this case. However I do have documentation of an official giving false and misleading statement in connection with material fact finding in this case. 

The school officials need to be held accountable and we will let a jury decide the case. An education is a property rights as set forth by the constitution. My son rights to an education were striped away in two weeks based on fraudulently statements by public officials.

For future knowledge: If your son has a IEP--that gives his specific protection as to having his educational placement changed absetn a rigorous due process ...so if he has a serious learning disability --be sure he has an IEP !

The flip side is that some big city schools have gangs of thugs that roam the halls--and if a thug has an IEP it can become rather hard to exit a thug!

Prior to his IEP manifestation hearing and in his disciplinary hearing. I requested the stay put safe guards for students with learning disability. I was denied each time I asked. My son was rail roaded out of school. That’s why I am here, I am going to hold these people accountable for there actions in criminal and civil court. The school official was allowed to change rules and statements as they went. I am putting this post out there for other parents who might be in my situation. (From the school house to the jail house with out justification because of a learning disability) Asking that your rights be respected should not be a criminal offense.

You should not take someone’s words so literally. I know I not the judge, But I not going to except what they did and walk away. That is why we have a justice system.