Legal Question in Civil Rights Law in Michigan

Membership of a Nonresident Student tha has been a Victim of Assault

My son was brutally assaulted at SHS on Nov 30th. Investigation proved by Admin. he did nothing wrong. I filed charges against the 11th grader and I am siting The State School Aid Act of 1979 Section 388.1606(6)(g) to allow my son to be transferred to Birmingham Groves High School. SHS refused to give up funds based on the email I received from the Superintendent. I have hospital records, and in the class where the assualt occurred the teacher was sacared of the student and did not help my son that was being beaten in a fetal position. Is there anything that can be done to return him to school and file charges against the student, teacher, or administration?


Asked on 12/09/01, 10:22 am

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: Membership of a Nonresident Student tha has been a Victim of Assault

I am sure in Oakland County that the student who beat your son will be charged. That decision is in the hands of the Oakland County Prosecutor. In all honesty, I'd have to look up the law on getting your son transferred. There used to be a lawyer named Mark Cousins who specialized in school matters. I don't know where he is now but I assume he still is in practice. In order to sue the school successfully, you have to show gross negligence. That means that the school has to display a reckless disregard for the safety of your son and that it was likely that he would sustain a physical injury as the result of the school's action or inaction. That is a very difficult burden to sustain. As far as moving your son to another school, with that violent student removed from the school, I can guarantee you that Southfield will argue that you son is now safe.

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Answered on 12/09/01, 11:20 am


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