My son is 11 years old, and he has been accused of verbal abuse. A student told his mother that my son and another boy had been threatening to beat him up at school. One day, the other student actually did jump on him during PE class. When the victim's mother went to the school to report the issue, she claimed that she feared for her son's life and included my son's name in the report of threats and violence. The assistant principal told his mother that she could not reprimand the students since the report did not come from a staff member. The victim's mother did not like the asst principal's response, so she requested to speak with the police. The police came, took a written statement, and cited both boys - my son for verbal abuse/threat, and the other boy for physical abuse.

The officer notified me of the situation that day. When I asked him if he interviewed my son, he told me that he does not interview students. He advised me that the school administrator interviewed all three boys and told him all stories matched. The problem is, I talked with the asst principal who told me my son's story did NOT match the story of the victim. The police report states the my son confessed to the asst principal of verbal threats, which he did not. I don't know who's lying. However, I believe my son of course.

My question is this - why was he cited for something he did not do? There were no witnesses, the school administrator said she interviewed my son but didn't, the officer cited my son based on hearsay. I'm confused. We go to court tomorrow, and I don't know what to expect. Since no one witnessed my son threatening this kid, can the judge still find him guilty? My son is an honor roll student, member of the boy scouts, never been in trouble, etc. I would like some advice on what points to bring up during court. He is scheduled for trial by judge tomorrow, and I just found this website.

Thanks to anyone that can offer advice.

Texas

The mission of the public education system of Texas is to ensure that all children have access to a quality education.

The Education Code requires the board of trustees for each independent school district to adopt a student code of conduct. The student code of conduct must be posted and eminently displayed on campus or in the principal's office. In addition to the student code of conduct are rules for the safety and welfare of students, employees, and property and other rules it considers necessary to carry out the regulation of the district.

A person who violates any rule adopted by the board of trustees commits a Class C misdemeanor. An individual adjudged guilty of a Class C misdemeanor may be punished by a fine not to exceed $500. Despite your son being only 11 years old, Section 8.07, Penal Code, allows a person under the age of 15 to be prosecuted and/or convicted of a misdemeanor punishable by fine only.

The judge of a municipal court or justice of the peace court of a county in which, property under the jurisdiction of a school district is located, may hear cases involving violations of rules adopted by the school district.

For purposes of the hearing, all plausible information will come from the incident report. Although it appears that there are conflicting stories, your son and the offender were cited based on information received from the school administrator. You stated that there were three boys interviewed - if so, it suggests that the third boy may have been a witness to the offense.

If indeed each element of the offense cannot be proved beyond a reasonable doubt, then your son should be be adjudged not guilty. Keep in mind - a witness or the officer or administrator may be asked to affirm any information.

Let me know if you have any questions...

The officer never interviewed my son. He said all three boys' stories matched. For the sake of this discussion, my son will be John, the 2nd boy Tim, and the victim's name will be Martin.

Apparently, Martin is a known bully. He picks on other kids for fun. Tim doesn't particulary like Martin and told my son that he was going to jump Martin one day. My son let Martin know what Tim had been talking about. I'm guessing this is where he assumed my son was in on Tim's plans.

One day, Tim really did jump on Martin, and Martin went home with a neck injury. Martin went home that day and told his mother that John and Tim had been threatening him all week, and Tim had finally jumped him. Martin's mother "feared for his son's life" and went to the school to report it.

The biggest problem I have with this whole situation is the fact the officer never interviewed my son, nor did the administrator. My son told me that he and Tim were called to the office. The administrator explained the situation to both of them. Both boys tried to explain themselves, but she interrupted them and kept replying that the situation was out of their hands, and there was nothing she could do. However, the incident report states the administrator reported that my son confessed to threatening Martin - which never happened.

I have other students that are willing to testify that my son never threatend Martin, or anyone for that matter. They are also willing to testify to the fact that Martin is a known bully. The only thing the officer had to go by is the administrator's report, which was not accurate. I've had trouble with this administrator in the past, and I have yet to figure why she still has a job. Besides her testimony, I don't believe Martin has a case. I just fear that the judge will probably believe the administrator's story over my son's. The only other person in the office when they were called in was Tim, who is in trouble for the physical abuse part of this scenario.

I truly feel that my son is guilty until proven innocent. Why didn't the officer interview my son? The administrator made it sound to me like any parent could make an accusation, and the student would have to be cited without question, and then is left to defend themselves in court. Was this handled properly? Also, do you have any suggestions as to what points I could bring up in court?

Thanks again for your help.

All policy and procedure is produced and regulated by the board of trustees of the school district. Thereafter, all school district employees are required to comply with their respective guidelines.

It is possible that the situation was not handled properly. However, in order to determine that possibility, you must know what the policy and procedure is for this situation.

It may appear that the school administration is attempting to place excessive blame on your son. Despite the situation as is, the case will be heard by a judge who will hold an impartial judgement. If there is any bit of uncertainty regarding the situation and your son cannot be proved guilty, then he should be adjudged "not guilty."

If he is convicted and you feel that the situation was not handled properly, then you should contact an attorney who can investigate the regulations created by the school district.

Let me know if you have any questions...

By the way, let me know what happens.

We went to court today, and the school administrator lied. She told the DA that my son confessed to threatening this other student. The complaining witness showed up, and the DA told me that I would pretty much lose the case with two witnesses. Rather than take a chance by going to trial, we've decided to take adjudicated probation. My son will be on probation for 5 months and have to pay a fine or perform community service. The DA told me that it will not go on my son's record as long as he doesn't get into any more trouble. My son doesn't even have a disciplinary record at the school, but he's on probation...? Anyway, since I have don't have the $$ to hire an attorney, this was best choice I saw fit. Thanks for all of the information.

Ask for a continuance and get an attorney to represent your son. This sounds like something that should be dismissed.