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BettyFlame · Jan 23, 2010, 08:45 PM

My daughter was Sexually harassed by another student who perpetuated the harassment by conspiring and telling other children to do it also. When my husband met with the principal and asked that a stop be put to it, the principal replied "Well I cannot tell you what we are going to do about it" She said that she would need to question my daughter. My husband replied that he wanted to be present when any questioning was done of my daughter. The following day when a meeting was set for my daughter and my husband to be present for this to occur, only the principal and my daughters teacher were there. The teacher said that a male coach had questioned my daughter, and "Do you know who she was with?" Which was the girl who had instigated the harassment. The teacher added, that when asked when it happened, my daughter said a long time ago. Later that afternoon, when I picked my daughter up from school, I asked her if she had been questioned, and she said that she had. I asked her who she was with, and she said "Mama I was by myself, we were playing a game" I then asked her when she told him it happened and she said "In P.E.". I turned the car around and went right back into the school and asked for the coach, so that I could get the straight of the story. I was told that the coach was in a faculty meeting. I returned home and woke my husband up who took my daughter back to the school and met with the principal. I re-read the student rule handbook and realized that my daughter had not been give a sexual harassment form. My husband asked the principal if she minded if he recorded the conversation, and she replied that she was not prepared, so she'd rather he didn't. When the questioning was over, the principal said "I'm sorry this happened to you, but I can't promise you that it won't happen again". I called the board of education and spoke with the sexual harassment officer, and told her that nothing was being done, and no one had even been questioned that week she said she would be at the school on Monday. Tuesday, I hand delivered a copy of the Sexual harassment form to the board of education and asked that the Sexual harassment officer call me and let me know that she got it. I never received a phone call.
At the end of the school year, the girl that had instigated the sexual harassment, was awarded the Citizenship of the Year Award. This school year my daughter told me that this same girl was receiving the top ten student award. I immediately emailed the School Board superintendant, an

JudyKayTee · Jan 24, 2010, 01:51 PM

What is your question? I think I understand what happened.

How long ago did this happen and how old is your daughter?

BettyFlame · Jan 24, 2010, 02:39 PM

My daughter is 11 and attends middle school now, and was in 5th grade elementary school. It happened during December 2008. I have been looking for legal representation, because I now feel that I am being harassed for asking questions as to why the student that instigated the Sexual Harassment has continued to receive top awards such as Citizenship of the year and top ten student. An incident with this girls younger brother had occurred about one month prior when he continually put his hands on my daughters rear end and was also trying to kiss her at school. When this had been mentioned, the principal, said to my Husband , just how old is he anyway? The Student guideline handbook that we are required to read and sign at the beginning of each school year, states that "Sexual Harassment will NOT be tolerated. It does not matter how old the boy was! I have been told by experienced people who know that in this county we have a "Good ol boy" system and that for this reason, most attorneys do not want to fight this school system. I have went so far as to contact our State Bar, and supposedly there are only 3 attorneys in our state, and they are at least 90 miles away from us. Within the last month the school board has contacted me twice, once by phone which was from the Middle School Principal about a meeting concerning this. I was unable to make that first meeting, and then just yesterday I received a letter requesting that I attend at the school board next week. Because this did not come up until a very minor bullying incident of my daughter, because other kids had gotten into trouble and went to her blaming me, I told them that it was not me who saw them, and that my daughter had nothing to do with. Within a short week was when I got the call from the Middle School principal. Who else gets called to the school board for something like this? I feel that it is because I questioned how they could continue giving awards to the student that had sexually harassed my daughter.

BettyFlame · Jan 24, 2010, 02:52 PM

It is clear that under federal law the school is liable for Sexual Harassment, and the manner in which it has been handled is inexcusable. The violators were not even charged with Sexual Harassment (There were two types Physical and verbal) We thought that the case was somewhat resolved until the school board said that it was found not to be sexual harassment, the name my daughter was called was of a sexual nature, my daughter was so intimidated that she did not want to return to school, and the girls younger brother had put his hands on her rear and been trying to kiss her.

JudyKayTee · Jan 24, 2010, 02:52 PM

I am not making light of the situation or brushing you off.

This is a question and answer board. What is your question?

If you want to sue to school system you need to retain an Attorney. If that is your plan I would have no further conversation with anyone involved in the school system without an Attorney present.

twinkiedooter · Jan 24, 2010, 03:08 PM

What you need to do is make an appointment for a face to face conference with the Superintendent of Schools and speak with them about this problem you are having with your daughter and the school. Emails in a situation like this only tends to irritate the recipient. And getting an attorney to handle a problem that very well can be handled by the Super of Schools is just a waste of your money and the attorney's time as what are you damages for a lawsuit? I don't see any damages. I only see "rule bending" and/or rule breaking by the school, nothing more.

I've had many happy hours sitting at the School Board's Offices when my son was in school. They listened to me and did something about the problem. Go to the top of the heap if you want something done. Stop trying to badger the little indians - go for the chief.

twinkiedooter · Jan 24, 2010, 03:12 PM

See my answer to your other question.

BettyFlame · Jan 24, 2010, 09:09 PM

Not only were they aware of it, the Federal law states that they should have taken immediate action. They did NOTHING, they did not even follow their own guidelines. Which is discrimination against my daughter. The following is what I am basing my opinion on.
The second recognized form of sexual harassment in schools is hostile-environment harassment. Hostile-environment harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature by an employee, another student, or a third party. This form of harassment requires that the harassing behavior be sufficiently severe, persistent, or pervasive so as to limit a student’s ability to participate in or benefit from an educational program or activity, or to create a hostile or abusive educational environment (ED, 1997). Typically, in school settings and particularly between students, allegations of hostile-environment harassment are more commonplace than allegations of quid pro quo harassment.

BettyFlame · Jan 24, 2010, 09:39 PM

I had contacted the sexual harassment officer by phone which is what I was required to do. Afterward I hand delivered a copy of the harassment form to the BOS and requested that she phone me and let me know that she received it. She never returned my phone call. Then I called again and asked that she return my phone call which she never did. She is now the Assistant Superintendent. I called and requested a meeting and that phone call was never returned either.

twinkiedooter · Jan 25, 2010, 09:54 AM

Originally Posted by BettyFlame

I had contacted the sexual harassment officer by phone which is what I was required to do. Afterward I hand delivered a copy of the harassment form to the BOS and requested that she phone me and let me know that she received it. She never returned my phone call. Then I called again and asked that she return my phone call which she never did. She is now the Assistant Superintendant. I called and requested a meeting and that phone call was never returned either.

Send the woman a Certified Return Receipt letter requesting the face to face meeting. She can't ignore a certified letter like she can ignore a phone call.

If you want something done about this problem you must keep at it until you DO get somewhere.

Conversely, if you know where the woman's office is located have you gone there unannounced to see if you could meet with her or have you spoken to her secretary to see if you could get an appointment with her?

twinkiedooter · Jan 25, 2010, 10:11 AM

Didn't the other attorneys ask you what your damages are for this lawsuit? An attorney will not take a case unless they feel it is winable. Also, if you are expecting the attorney to work for free until he wins the lawsuit for you, it's not going to happen. This only happens when it is a personal injury case.

Now, if you were to pay a hefty retainer and pay all the court filing costs, etc. you may just find yourself an attorney who is willing to take your case on for you.