Legal Question in Civil Litigation in Texas

False Accusation Recourse

I am employed as a paraprogessional at a primary school. Two days ago I was accused of talking inappropriately (sexually)with another co-worker around two students. The only people in the room (witnesses) were myself, the person I was allegedly speaking with, the accuser (a substitute teacher) and two 5 year old mentally retarded children who cannot speak or comprehend. I have been an employee of the school district for 5 years and have never been involved in any such incident. Myself and the other accused were advised in a letter of the complaint (not given any specifics) and suspended for a week without pay while the claim is investigated (it is currently being investigated). I am innocent of this and denied it to the principal and the Director of Services and Benefits when advised of the claim. Legally, should I have been advised of the specifics (date, what was said, etc.) of the complaint? Also, when the investigation is completed and if it is concluded that the claims are unfounded, is it possible to file a civil suit (liable, slander, etc.) against the accuser, principle, or school district due to the false claims? This has caused much anquish/confusion for me and my family. Thank you very much for you assistance.


Asked on 11/12/03, 12:29 am

1 Answer from Attorneys
Charles White Charles G. White

Re: False Accusation Recourse

A first inquiry that must be made is whether you work for a public or private school. If working for a public school, there are elements of due process that are required (i.e. notice and opportunity to be heard, although not the same as in court. Further, rules of the State Board of Education may be applicable.

You may have a defamation claim. However, the mere fact that they are in error may not be enough. Remember that if the school ignored the accusation altogether, then the school might be sued from the other direction.

If a public school, the Texas Tort Claims Act has no rememdy because it is not a qualifying tort, in which case your only remedy may be a federal civil rights claim. This remedy may be limited because of various degrees of immunity.

Assuming the the story is a malicious rumor, you will have a defamation claim against the perpetrator of the story. On the other hand, if he was acting in good faith, and there is some truth to the story, you may be out of luck.

A most important inquiry is whether the perpetrator will be able to pay a judgment. If not, you may have a difficult time finding a lawyer who will take the case.

This presents a difficult decision to be made. Do you fight to clear your name with the school? If the story is 100% false, you probably should. If partially true, you may not want to stir the matter any further.

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Answered on 11/12/03, 8:37 am


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