Kids in high school are going through so many changes with so much peer pressure – and all while trying to figure out their place in the world. It is a given that mistakes will be made. When a child tries to figure out their place in the social hierarchy, they can be accused of bullying. Whether that bullying was minor or severe, the consequences can affect the rest of the student’s life when the school decides to expel them.
health is why parents must contact a juvenile crimes attorney who understands how serious these cases can be. Not only can the child be expelled, which can affect the rest of their academic career, but criminal charges could potentially be filed. Keep reading to learn more about how these cases can end up and then contact Law Office of Michael L. Fell at (949) 585-9055 for help from an experienced attorney.
Bully is Considered a Serious Offense
California Education Code includes many different types of acts as bullying. It can be physical, verbal, electronic, or written. The result must be that the alleged target is then in fear that they or their property was be harmed. The alleged bully must have had a detrimental effect on the alleged victim’s mental and/or physical health, have gotten in the way of their studies, or denied them the option to participate in certain school activities.
Students Can Be Expelled Under Bullying Rules for Their Actions Toward Teachers and Administrators
While most people think of bullying as one student against another, the California Education Code does allow for expulsion if a student is engaging in sexual harassment of another student, teacher, or administrator. This type of bullying can include requests for sexual activities, unwelcome sexual advances, and verbal, visual, or physical conduct of a sexual nature. In order to qualify, this behavior must have had a negative impact on the student or teacher.
The Key is to Find a Solution That Works for Both Sides
In most cases, there will be a hearing before school administrators. The student does have rights, which generally include cross-examining witnesses the school provides. The student or their legal representative may be able to show that the issue involved, while negative, did not constitute a danger to anyone and therefore does not require expulsion.
Students and their legal representation can also work to show that there are better methods of correction than expulsion. Expulsion should always be used as a last resort and students have the right to their education. If your child has been accused of bullying and is going to face a school administration hearing, do not go into it alone. Work with an attorney who can help give your child the best possible chance of a positive outcome. Contact Law Office of Michael L. Fell at (949) 585-9055 now for a free legal consultation.