Expert: Robin Sexton - 4/4/2008

Question
My 16 year old son was urinated on by another student. The matter was reported to school authorities. The school reported the incident to the police. The student was given five days of detention from the school. The police charged him with disorderly conduct. I feel that this was only a slap on the wrist. I was told this was a fair punishment for the crime. In the state of Pennsylvania is this the most that he could have been charged with? I feel the punishment should have been much more severe.

Answer
Dorothy,

If it was my son i would feel exactly the same way and probably more. Unfortunately we both have to live in this world and at this time so these actions may not be to far out of line to the norm.
There are two different systems at work here, the school system and the criminal justice / juvenile system.  The schools only avenue is expulsion etc.  Based on a progressive discipline process for your school this may be the norm.  The criminal justice / juvenile system is separate from the school and you should be glad that the school even contacted the police on this, many places schools do not.  The act of urinating on some one, although despicable usually is charged as a type of assault or disorderly depending on many local factors.  Assault with out injury and disorderly are normally pretty close to the same type of crime, misdemeanors.
You can call the investigating officer and ask him why this charge was selected over an assaultive type crime, he or she may have a reason.  You could also call the local prosecutor's office and address it with them.  If the bladder deficient young man has already pled it is a moot issue.
One last alternative is civil action against this kid.  You would need to contact a private attorney and discuss it with them.

Good luck

Robin