Legal Question in Civil Rights Law in California

racial discrimination/hate crimes

I am the legal quardian of my bi-racial grandson. Yesterday at the school he attends, a student wrote the word ''nigger'' and other racial remarks on his binder. School officials have expeled the offender and doled out other punishments such as essays and written and oral apolgies. This has been an on going problem in our school system. It is a very small school in a small community. There are only two black students enrolled so they are considered the minority. What rights do I have and would it be prudent to press charges against the student and the school because of a hate crime? Please advise soon so I will know what avenue to persue.


Asked on 3/27/09, 1:55 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: racial discrimination/hate crimes

You didn't say the teacher or the school wrote the word, so how do you contend they are committing a 'hate crime' if they didn't do it? If the school takes reasonable measures to prevent recurrence and remedy problems between students, they have complied with the law and are not subject to suit. Expulsion seems like a pretty strong 'reasonable measure' to prevent recurrence. That other kid may have grounds for complaint and claim against the school. By the way: what you described isn't a 'crime', hate or otherwise, without some form of violence and physical assault. It is a civil matter if at all, since the damage is the cost of a binder and some hurt feelings. Free speech is an issue here, unpleasant as it may be.

Read more
Answered on 3/27/09, 3:10 pm


Related Questions & Answers

More Civil Rights Law questions and answers in California