Legal Question in Sexual Harassment in California

13 yo son accused of sexual harrassment

Principal called me to come to school regarding my son. She told me she had a girl in the office that was very upset terrified and crying because of what my son had done. She said he was rubbing her thighs and trying to touch her. They are in the seventh grade. She told me my son harrassed this girl. At this point my son had never been questioned. But by the time I made it to the school she had questioned him and her assistant met with me with a notice of suspension for three days. It stated that my son admits to hugging and kissing another student. My son said as they were standing in line two other students were playing around behind him and pushed him in the girl. He said the hug and kiss was in the form of an apology. Is this sexual harrassment??? The principal says that it is. Then why didn't the principal change his class from her. Shouldnt she be protecting the girl as well as the school from any incidents. I do not believe this was severe enough for sexual harrassment. Also the principal already presumed him guilty before she even spoke to him. She did not do an investigation. I called her several times requesting a follow up. no call back. I do not want this charge to haunt him later if i help it.


Asked on 9/26/06, 9:37 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: 13 yo son accused of sexual harrassment

Your posting and defense of him disregards the girl's statement of facts and apparent emotional condition. That, and your son's denials and questionable 'explanation' when interviewed ARE the investigation. His unsupported denial and allegations would have to be backed up by credible witnesses to have any value. If he had any such witnesses, he would, or should, have disclosed them at the time, and the school would have interviewed them. IF he has any witnesses now that he didn't disclose, then he can try to set this aside, if it isn't too late to do so. There are time limits. If he meets the above criteria, feel free to contact me if you want legal help.

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Answered on 9/29/06, 7:26 pm


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