Thursday, December 20, 2007
Can I Sue The School?
Dear Guidance Guy,
Recently my high school senior got into some trouble. He waited in a girl's car while she and another girl entered her ex-boyfriend's home and took some things. They were caught and all in trouble. However in my son's case he has not been convicted of anything, his record will remain clean if he sticks to the rules of his probation. Because of this, they school athletic department will not allow him to play baseball.
This is his senior year, and this could have an impact on college. Again, he has not been charged with anything at this point. Can I sue?
Tracy
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Dear Tracy,
Anyone can sue anyone. I'm not a lawyer, so I won't offer you any legal advice (I don't want to get sued!)
I'll tell you what I see from a school point of view though. Schools have a great deal of discretion about what they can suspend for and what co-curricular activities in which they can allow (or not allow) students to participate. Best thing for you to do is check the policies of your local Board of Education. These are public documents that you should be able to get access to.
If you feel the school is wrong in its decision the first place you should start is with the superintendent of schools. All school districts have appeal policies on matters like this and a court will want to know whether or not you have used them. If you have gone through all other avenues (including your son admitting his mistakes) and are not satisfied, you can then go through due process. This is often a hearing with a state board of education. Again, check the policies where you live.
Unless your son is a good enough baseball player to be eligible for an athletic scholarship, whether or not he's on the team shouldn't have much to do with the college admissions process. A bigger concern is a potential criminal record. Most of the school reports counselors fill out on college applications ask if a student has been suspended or arrested. As long as he wasn't actually suspended he should be OK. I would encourage him to use his best judgement for the rest of the school year.
Best of Luck,
The Guidance Guy
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