What to do if my 14 year old son was suspended from school and referred to juvenile for sexual harassment?

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What to do if my 14 year old son was suspended from school and referred to juvenile for sexual harassment?

A female friend posted on facebook that she had decided to stop wearing underwear. My son asked her about the post at school, to which she offered to show him that she did not have any on. He will now have a juvenile record for sexual harassment. Is there anyway to have that removed from his record?

Asked on January 29, 2014 under Criminal Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

School Sexual Harassment

 

Title IX of the Federal Education Amendments of 1972 makes it illegal for any public school receiving federal funding to discriminate on the basis of sex. Recent federal court cases give parents of children sexually harassed in schools a right to sue their school districts, where:

 

  • The school district knew of the harassment and deliberately ignored it
  • The harassment was so severe, pervasive, and objectively offensive it deprived the victims of access to the educational opportunities or benefits provided by the school

 

What Can You Do As a Parent?

 

If your child is sexually harassed or bullied by another student, it's best to take action right away. Don't wait for the students to work it out themselves.

 

Talk to teachers and the school principal immediately, as soon as you find out the specific facts. It's important to document times, places and witnesses carefully, so you can give detailed information to school authorities. Take photos of any injuries, and have your child write down a detailed description of what happened.

 

If other students are also harassed by the same bully, encourage their parents to speak up to school officials. School representatives are more likely to respond immediately if they see the problem as widespread.

 

If talking to teachers and your principal doesn't bring results within a couple of days, write a letter to the principal and school district superintendent. Outline the facts and demand an immediate response to the problem. Many public schools have adopted zero tolerance policies against bullying in the aftermath of nationally-publicized school violence incidents. There is increased awareness and sensitivity to bullying.

Based upon what you have written about I suggest that you consult with an attorney that practices juvenile law on your community to defend your son. The record is not public since he is a minor and later it could be expunged.


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