Expert: Robin Sexton - 4/9/2008

Question
My 14 year old son, was in gym class & a 13 year old girl was flirting & stared tickling him,& he did the same, on the way home on the bus they sat together & continued to tickle each other, they got off the bus & said good-bye. seven days later she goes to the teacher crying that when he tickled her his finger tip touched the inside on her waist band on her jeans, she said he did not stick his had down her pants or touch her privates, this happened while tickling, she said he tried to kiss her, on the check. My son admits to the tickling & that is finger tip went in her waist band, he said that there faces were close when tickling. The girl, e-mailed him that night and said she did not want to talk to him any more. And when she went the teacher & my son was called to the office, they talk to him & suspended him from school  for 2 days, in school suspension for 3 days & kicked off the bus for 10 days an called this sexual harassment. My son has never been in trouble, i spoke to the school, I said I felt his punishment was to harsh that both of them behaved inappropriate, he never talk or harassed after she e-mailed him , and she did not say he did. The day this happen on the bus the bus driver did not say they had done anything wrong. The buses have cameras on the bus, but after three days they re-record. What do you think?

Answer
Laura,

I think this is 2008 and it is a very complicated world.  My son is 13 and I worry everyday.  Sexual harassment is not a crime.  School policies on these range all over the board.  Here are a few things that I would do in your situation.
1) is the punishment consistent with prior punishments for the same offense ?
2) Can your son name anyone in gym class that can support his side of the story ?
3) I would ask to appeal the suspension, they can't make it worse only leave it the same or make it less.
3) The punishment seems to me pretty severe, based on your factual base.  I might consult with an attorney as to what do either to reduce the suspension and to limit its impact on his school record.  You could also have the attorney represent you at the appeal.

Good Luck


Robin