Expert: Michael Troy - 10/12/2008

Question
I have an ongoing issue with the Dean of students at my child's middle school. My child was first categorized as a "Sexual Harrasser" for using the word Lesbian during a conversation with another student. My child is a 13 year old girl. She was suspended and I obviously disagreed with the decision. I went up the chain of command as advised and was shut down by the Dean, The Principal and Assistant Superintendent. I was very angry and argued vehemently with each person. Since this incident my daughter has been harrassed by the Dean repeatedly, and was recently told by the Dean that she (my child) is not allowed to laugh in school because the Dean doesn't like her laugh. Things came to a head when her cell phone was taken away from her by the Dean after my child made a panicked phone call to me from her school bus telling me that the bus driver was driving erratically. I notified the school and was told that my child violated policy by calling for help. I was told to come to the school and retrieve the cell phone. When I went to the front office I stated that I was there to pick up the cell phone from "Satan". I did not say who "Satan" was but the administration knew who I was referring to. No action was taken at that time, however the following day I was visited by the school law enforcement officer who served me with a No Trespass Order from the school. He stated that because I said the word Satan (never linked with anyones name) that I am no longer allowed on campus...ever again. First of all, is this legal? How have these people have gained this much power? What can I do about this blatant violation of my rights?
Thank You

Answer
Hello,

Please keep in mind that I cannot provide specific legal information in this forum.

Generally speaking, however, a public school cannot punish students for non-disruptive speech.  If you think there has been a violation of your child's rights, you may want to contact your local chapter of the ACLU to have them evaluate the matter for possible litigation.

I hope this helps!
- Mike