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Speak Up! - View Question #474 |
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Question: Can I be charged with a crime at school (assault for fighting) without questioning the witnesses against me?
Answer: A serious assault that occurs at school is often treated both as a crime and as a student conduct violation. Crimes like assault are investigated by the police and may result in a juvenile court hearing in front of a judge. In juvenile court, the accused youth may call witnesses and ask questions of any witness who testifies.
Student conduct violations, like a fight at school, are investigated by a school administrator and may lead to a hearing conducted by another school administrator. In the hearing, the accused student can question witnesses who testify, but if some students have a fear that the person accused of fighting might hurt them because they are testifying, then the hearing officer can exclude student witnesses. In the situation where witnesses are excluded, the school is allowed to prove the assault through the statements of the witnesses and other evidence of what happened.
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| 1 thru 5 of 11 comments |
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On 01/26/07
from AZ said:
my son is 12 and had another student put ketchup on his clothes and he defended himself the sro was called and pulled him around by the hood of his jacket and used his pressure point to make him sit down and as a parent i am never called until the last minute of the day to hear all about this and i am told this is okay for the sro to do this and my son is charged with disordly conduct and threating and nothing happens to the other students
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On 05/08/06
Emmanuel from CA said:
Fights at school happen ALL the time! All that ever happens is they get detention or suspended. Even if you dont fight back, you STILL get punished and suspended or get detention for it. A reason why real school is so great: the enormous amount of FREEDOM
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On 03/06/06
Marty from CO said:
No way, when they shouldn't be abled to even try to send you to juvy,in 5th grade the school suspended me for 1 1/2 days for choking someone...
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On 10/13/05
Urban from FL said:
Today my brother was hit by another student while coming out of the restroom. This student didn't know my brother nor did my brother know him. This crime was ignited yesterday when my brother was playing around with this girl, since they were horseplaying they both carried marks. She showed her boyfriend a small bruise (about the size of a dime). He in turn got his friend (my brother's attacker) to inflict pain on my brother. My brother's eye has been hemorraging and is nearly swollen shut. I've taken pictures of this wound for evidence. The boy has been suspended for 5 days. They are both 15.
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On 03/27/05
Leonardo from AZ said:
Can i be charged with sexual harassment in a school but which i didn't do anything to this person and i was wondering how can a school charged me like this ,i thought u could be only charged with this in the workforce .
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