Legal Question in Civil Rights Law in Florida

School Board Liability

My 16 year old son was falsely accused, charged and subsequently found not guilty (charges dismissed) of committing a criminal act inside his high school. Before the case was submitted to the State's Attorney's office, the school itself recommended expulsion to the School District's Superintendent who agree and is going to present his recommendation to the school board. I know I have the right of appeal and plan to pursue that avenue; however, my son was unjustly suspended indefinately while awaiting for the next school board meeting. My question is this, is the school liable at all on a civil basis for violation of due process? Effectively, they have acted as judge and jury in finding my son guilty.


Asked on 11/07/03, 8:33 am

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: School Board Liability

Schools have the obligation to protect their other students, so it will depend on the act of which your son was accused and the school board regulations. Alsi, whether your rights were violated will depend upon actions you had the chance to take and may not have, and whether there were opportunities to reach a different result, such as by appealing sooner. Get the school board guidelines and procedural rules, but you can always request a special hearing of the board or a special dispensation: the most they can say is no.

Read more
Answered on 11/07/03, 8:47 am


Related Questions & Answers

More Civil Rights Law questions and answers in Florida