Legal Question in Civil Rights Law in Michigan

School zero tolerance policies on fighting. My daughter defended herself after numerous warnings to 2 boys tackling her slamming her to the ground and laying on top of her. She is 9 by the way. She thru the one kid to the ground as he came at her again and punched him twice. When the other tried to jump on her again she kicked him in the stomach. She was suspended for a day for fighting. Do I have any legal recourse against the school for punishing my child for protecting herself?


Asked on 1/05/11, 6:46 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

You need to work within the school's framework as it applies to student behavior. Your daughter needs to report any incident of bullying, and the boys involved should have also been suspended. There is a chain of command within the school system and school board. Start with the school's Principal and work your way up. Make an appointment to meet face to face with him/her and be persistent. Be courteous but insist on speaking to the next person in line, until you reach a person who agrees to keep these boys away from your daughter, and comes up with a plan to implement this. Keep notes of who you met with, spoke to, dates, and what was said. While it sounds as if your daughter can hold her own in a fight, you need to tell school officials what these boys are doing, as this sort of behavior is going to escalate.

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Answered on 1/10/11, 6:58 am


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