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Thread: Vernon NJ Township school expells student for making a "gun motion"...

  1. #1
    Regular Member 2ndAmendmentMom's Avatar
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    Vernon NJ Township school expells student for making a "gun motion"...

    From this page: https://www.facebook.com/imthemomthatswhy1

    The post:

    I would like to get some advice my 13 year old son who has NEVER been in trouble before at school has just been expelled from Vernon NJ township schools for making a "gun like motion " in math class. In reality he was twirling a pencil near his ear. Another student who sits behind him (who my son had an earlier disagreement with at lunch time) yelled out "he is making gun motions, send him to juvie". At this point the teacher sent my son to the principals office. I was called and went to the school where I was told my son was being evaluated and would need to see a therapist before he could return to school. So in essence he has been expelled. I recorded the 1.5 hour conversation where it became apparent that the school does not believe any gun like motion actually took place but that they were covering their positions by "following procedure".
    I feel my sons right to an education is now being denied because of the malicious actions of another student. The recording clearly shows this was a malicious act by another student to cause my son to be sent to the principals office which resulted in his being expelled.
    What can we do? Schools are getting so overly sensitive it is ridiculous.

  2. #2
    Regular Member OC for ME's Avatar
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    No further posts and retain a attorney.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Regular Member DocWalker's Avatar
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    Yep retain an attorney and sue the school district for civil rights and defamation..

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    The question will hinge on if the school officials had a belief that he did make the gesture. They certainly did as they required him to go to be evaluated. The burden upon the school is likely a molehill ... no judge is going to give you an order that the school take him back w/o conditions or a judgment against a school official. If your recording would even be admissible is questionable in a regular court.

    You can seek a lawyer that will cost you 2K to review the law; but generally, there are laws and regulations that allow schools and officials great latitude in these matters and the lawyer will tell you the same thing; you can seek these out yourself.

    You may have a case for slander/defamation against the other child; depending on state law, minors are not exempt from such suits in many states.

    My suggestion is to talk to the other parents of the kid and see if a statement from the kid can be produced that states that his original statement was false (a joke); Then appeal or ask for reconsideration of the school's decision through administrative channels.

    If the kid is not willing to provide a recantation then I'm afraid your options are very limited (in regards to being successful). In this case, go have your child evaluated to be able to get back into school if that is where you want his education to occur.

    Good luck.

  5. #5
    Regular Member cirrusly's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    The question will hinge on if the school officials had a belief that he did make the gesture. They certainly did as they required him to go to be evaluated.
    +1, yes.

    Also, the fact school is mandating he undergo a mental health evaluation could potentially be problematic in his adult years depending on career choice. Unfortunately (and it's a different subject in itself) having any involuntary mental health evaluations can be red flags for Federal cleared jobs, and some background check / clearances conducted by private sector companies in screening of candidates.

    To the OP: Not sure if it's been mentioned, you may want to refrain from discussing any more specifics until you sync up with a lawyer. Your son is the victim of unwarranted, irrational behavior from the school administration.
    I want to keep our founding fathers' visions and rights for this country pure. I implore you to do the same.

  6. #6
    Regular Member 2ndAmendmentMom's Avatar
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    No worries guys, this is all I saw on the post, no other details. I'm passing this information onto them.

    Thanks a bunch.

  7. #7
    Regular Member DocWalker's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    The question will hinge on if the school officials had a belief that he did make the gesture. They certainly did as they required him to go to be evaluated. The burden upon the school is likely a molehill ... no judge is going to give you an order that the school take him back w/o conditions or a judgment against a school official. If your recording would even be admissible is questionable in a regular court.

    You can seek a lawyer that will cost you 2K to review the law; but generally, there are laws and regulations that allow schools and officials great latitude in these matters and the lawyer will tell you the same thing; you can seek these out yourself.

    You may have a case for slander/defamation against the other child; depending on state law, minors are not exempt from such suits in many states.

    My suggestion is to talk to the other parents of the kid and see if a statement from the kid can be produced that states that his original statement was false (a joke); Then appeal or ask for reconsideration of the school's decision through administrative channels.

    If the kid is not willing to provide a recantation then I'm afraid your options are very limited (in regards to being successful). In this case, go have your child evaluated to be able to get back into school if that is where you want his education to occur.

    Good luck.
    What is going to prevent people and kids from saying something that isn't true about someone else? According to these school's nothing, kids could say another kid did something and ruin thier future out of paranoia or that the kid is pissed at the other. Sad but this this is a case of being convicted of something you have done. This is one reason people are going postal, no due process over trivial things....like he made a gesture or at a pop-tart in the shape of a gun or Florida...


    We need to stop this PC crap it is just adding fuel to the fire.

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