- September 30, 2023
- Posted by: legaleseblogger
- Category: Related News
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Nebraska, USA
Heading: Concerns Regarding High School Fight and Seeking Legal Advice
My son (fake name Dylan) is a freshman in high school, and today he got involved in his first physical altercation, which has raised several concerns for me as a parent. Unfortunately, the principal did not provide me with all the details of the incident, and I later discovered that it involved two older students, one of whom is a senior, while the grade level of the other student remains uncertain. The incident occurred in the locker room, where Dylan was cornered by these individuals. Prior to this, they had been relentlessly harassing him by stepping on his shoes and resorting to name-calling. This eventually escalated to them blocking his exit, and although Dylan made a mistake by attempting to push one of the main aggressors out of his way, the principal considers Dylan as the one who “started” the conflict.
As a concerned parent, it was distressing to learn that Dylan was subjected to brutal violence in this incident. In the presence of two teachers, the attacker relentlessly assaulted him while the other student blocked any means of escape. Thankfully, the teachers intervened swiftly, managing to pull the older student away from Dylan, who had fallen to the floor and briefly lost consciousness. The school nurse has suggested that he should undergo a medical examination, which revealed a minor concussion and an apparent bruise around his eye. While I am relieved that the injuries are not severe, I am now seeking guidance on the best way to proceed in this situation.
It is worth mentioning that Dylan has had prior issues involving these specific individuals, leading me to believe that this was a targeted attack rather than a random occurrence. Disturbingly, the student behind the assault had enough force to cause shards of glass from Dylan’s glasses to embed into his hand. Realizing the need to understand my rights and the appropriate course of action, I have attempted to find relevant information online regarding Nebraska laws pertaining to such circumstances. Regrettably, my search has been unsuccessful thus far.
Heading: How AI Legalese Decoder Can Assist in This Situation
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Moreover, the AI Legalese Decoder can provide access to relevant case precedents, enabling us to identify similar incidents and their corresponding legal outcomes in Nebraska. This valuable insight will empower us to make informed decisions regarding any potential legal action against the students involved or the school establishment itself.
In conclusion, the distressing situation involving my son’s high school fight has prompted the need for legal guidance to ensure that our rights are protected and justice is served. While we remain fully aware and accepting of Dylan’s suspension, we are determined to handle this matter in a fair and just manner. With the assistance of the AI Legalese Decoder, we can navigate the complexities of the legal system confidently, seeking the necessary advice to address the incident appropriately and mitigate any future harm.
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FREE Legal Document translation
****** just grabbed a
NAL. The school may be circling the wagons. Assuming the altercation took place exactly as your child related it to you; the school may be attempting to preemptively cast your child as the aggressor to mitigate exposure to liability. As far as the “fight” is concerned, I’d recommend fighting the suspension by arguing self defense. The child was out numbered, threatened, cornered and prevented from exit, retreat, or egress. If these boys prevented your child from leaving I believe he may have been within his legal rights, certainly morally justified, to use force to affect an exit from unlawful imprisonment. Loss of consciousness/concussion is a pretty serious injury. File reports with every relevant authority, school administration, the police, and the hospital to which you’ve taken your child. Take pictures and document injuries. If it isn’t burdensome consider hiring an attorney to push the school on your behalf.
The best advice I was ever given by my sonÔÇÖs teacher was to file a police report. It starts a paper trail the school wonÔÇÖt keep, and it will open the door for assault charges. The schools are rated based on discipline issues and how they respond to them, and are only looking to protect themselves. Police reports are public record. I can assure you they will take you more seriously. Use the hospital records to verify the injury, and allow the police to talk to your son and investigate.
*edited for typos*
Get your son checked by a neurologist and confirm the concussion diagnosis along with a treatment plan if necessary. Make sure his health is the priority.
Contact a local attorney that has litigated against schools before, a personal injury attorney is a good starting point but this may be a bit niche. DonÔÇÖt talk to any police without getting legal advice or preferably with an attorney present.
Get organized with any documents that show prior acts of bullying by the other boys. That means texts or emails or anything else in writing to the school that puts them on notice about their behavior.
What you described wasnÔÇÖt a fight but a planned and instigated beating. It sounds like a at least a misdemeanor or possibly felony battery based on the injuries you described. File a police report. ItÔÇÖs unclear if your local police department is investigating or assigns officers to the school.
Lastly, consider changing your sonÔÇÖs school if the other boys arenÔÇÖt leaving or expelled for their actions. If they donÔÇÖt face repercussions this behavior may continue. If this was a teammate (you mentioned locker room and an age gap) you will want to see what the coach or athletic director knows. This probably isnÔÇÖt the first time these boys beat someone up.
As others have said, file a police report AND fight the suspension. As a parent I would do both immediately.
You say youÔÇÖre having difficulty with Nebraska school laws. ThatÔÇÖs the issue. The school doesnÔÇÖt supersede the laws of the state. Again, itÔÇÖs self defense.
True story, my friend (who is a cop), his son got into a fight at school because someone initiated a fight and his son finished it. They told the cop that they were suspending his son (because of zero tolerance). The cop cited the code for self defense and asked why the school thought the laws of the state didnÔÇÖt apply. End result, his son didnÔÇÖt get suspended at all.
Don’t talk to the school officer
AALNYL. Violations of criminal law are not in the school’s purview but are investigated by police and charged by authorities in your jurisdiction. They ought to be familiar with Nebraska criminal laws; you don’t need to tell them what laws may apply.
Keeping in mind a student may or may not be an adult, triggering the application of distinct laws and/or possible penalties (also depending on whether that student has a criminal record), certain Nebraska laws specifically and separately penalize certain student conduct, regardless of age, and Nebraska also has a bullying law.
For example, chapter 79-267, sets forth “Student conduct constituting grounds for long-term suspension, expulsion, or mandatory reassignment,” which, as defined, “shall constitute grounds for long-term suspension, expulsion, or mandatory reassignment, subject to the procedural provisions of the Student Discipline Act, when such activity occurs on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or by his or her designee, or at a school-sponsored activity or athletic event:(1) Use of violence, force, coercion, threat, intimidation, or similar conduct in a manner that constitutes a substantial interference with school purposes;(2) Willfully causing or attempting to cause substantial damage to property, stealing or attempting to steal property of substantial value, or repeated damage or theft involving property;(3) Causing or attempting to cause personal injury to a school employee, to a school volunteer, or to any student. Personal injury caused by accident, self-defense, or other action undertaken on the reasonable belief that it was necessary to protect some other person shall not constitute a violation of this subdivision;….
(8) Engaging in bullying as defined in section 79-2,137;
(10) Engaging in any other activity forbidden by the laws of the State of Nebraska which activity constitutes a danger to other students or interferes with school purposes; or(11) A repeated violation of any rules and standards validly established pursuant to section 79-262 if such violations constitute a substantial interference with school purposes.”
Note the “reasonable belief” standard that would exempt from punishment someone who responds to an unlawful attempt to cause personal injury to another student on school grounds.” Note that (absent litigation you will not have access to whether this involved students with past records of violations, but the school/prosecutorial and police authorities will.
As noted, I am not your lawyer, but you may want to contact an education lawyer who can advise you on what course to take with seeking or not seeking investigation/redress in criminal/civil courts.
Contact the police. Take your son to the hospital. keep the medical records. write a letter to the DA for the criminal department. Save your receipts for the medical bills.
File a police report for assault. Your son was cornered and beaten. Don’t just accept the suspension – he’s allowed to try to escape.
If they where stepping on your sons shoes they started the physical part of the fight. Lot of good advice from others in post. Lawyer is a must- get suspension off his record, get other kids kicked out so he doesnÔÇÖt have to face them upon return.
Police, police, police. Schools protect themselves. They have expensive lawyers on retainer to protect them. They absolutely hope you will go away. Even my elementary school has the (what now seems standard) policy of if both parties put their hands on each other, both students get the same punishment even when one student was the know instigator. Most schools nowadays have video cameras. Police will be able to request footage. Go to your local station as soon as they open. Do not wait or give time for people to create an alternative story or cover evidence. Bring the hospital paperwork with you.
Hold old is your son & the Senior who he was in a fight with? If the Senior is 18 then you can press charges on assault of a minor by an adult.
Go to actual police and a lawyer. The school absolutely will brush this as far under the rug as you let them.
Coming from an Emergency Room former employee: Any type of head injury that results on loss of consciousness is actually a very serious injury, although it’s not portrayed as serious as it is to regular people. We see KO’s from professional fighting and internet videos so we are a bit jaded. This has been said before, but please acquire full documentation from the hospital.
Make sure you fill out a HIB report. Keep records of anything that happens involving these kids. Dates and times as best as possible.
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I want to echo the comments to file a police report, but for one additional reason – you need to deal with *this* incident, but you’re also creating a paper trail for any *future* incidents, with these kids or others. Whether it’s the school system not addressing bullying overall, or not addressing these seniors being bullies, you may later need to show a pattern of your son being put at risk.
Contact the police.
File a police report on the kids and press charges!!! Bullies keep doing this until they are arrested.
File a police report yourself. The school ÔÇ£investigationÔÇØ is crap and is only to cover themselves. Any kid touches mine, filing a report for assault. I do not mess around with schools, school districts or their bullshit resource officers.
Yea thereÔÇÖs a lot of good advice in here. A lawyer isnÔÇÖt a bad idea. One that can help you navigate filing an injury claim against the school & help with pressing charges with police over an assault. The school has its own interests at heart. Also definitely contest the suspension. Trying to move away and into a different room from people assaulting you isnÔÇÖt ÔÇ£starting the fight.ÔÇØ
Might want to check if that senior is 18. If so it could land them in some problems.
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Info: How do you know this is how it went down? From Dylan and Dylan alone?
I don’t have much legal advice for you, but don’t ever try to let the school punish your child for getting beat up. Your son did not start a fight, a push to try to escape a dangerous situation (these kids have been fucking with your son for awhile, whether he or they admit it, they wouldn’t both gang up on him out of nowhere).
Something similar happened to myself in school, and the faculty nor my parents did anything about it. Don’t let your son be a victim and get punished for it.
His first fight? Better be his last fight
You’re already run over. Why would you accept the suspension?
Accept the suspension? Blasphemous. If i was your son and thatÔÇÖs how you were speaking, i would be pissed.
Your son did nothing wrong, everyone has a right to safety and personal space. He was pressed into a corner and instead of throwing a right hook or a 360 roundhouse kick, he pushed the kidand then got the consciousness knocked out of him. If you think that suspension should be accepted just based off of those terms i am starting to think the problem with your child getting bullied starts at home. How are you raising this kid? Did you get bullied in school? Your reaction is raising some concerning questions