Does my son have any rights of being falsely accused of waving a gun around at school?

my son was called into the deans office and was accused of waving a gun around school, he was told a young girl reported that he did, what is my sons rights, the school dean told my son she knows he was guilty.................he is a straight A student and is in 2 school bands.............are they allowed to treat him like a criminal...............any help would be gratefull. this is in california
Additional Details
hi, no there is no guns in my home, i drop him off at school and pick him up, he is 12 years old and paranoid that they will call him into the office again, times so far, also they had 2 people search his backpack and look through his class work, she also looked at a picture he did for lanuage arts drawing knights in camelot and asked him if this drawing was a man killing another man with a knife, i just want to cry i am so proud of him, he is a good boy.

Iridium190

Demand evidence (video tape).

If they can provide none, then tell them to back off NOW.

Don't accept any other answer.

If they persist, find an agressive lawyer, and make sure your friends know. Start showing up to PTA and school board meetings.

Itrolla

Students have no rights. They will always be at the mercy of the school administration and their arbitrary decisions. This goes for public, charter, parochial, and private schools.

nikkor13

Really don't have an answer until we get the whole story. There's more to this. Bottom line, the school can do whatever it likes. You have no power. The Politically Correct Police will arrest and detain your son on the flimsiest of evidence or no evidence at all. Just the fact that he's a boy is often all it takes. All you can do is wring your hands. If he's as bright as you say he is, and I have no doubt that he is, home school him.

playa

NOW A DAYS GUNS AND KIDS DONT MIX THERE IS A 0 TOLERANCE

benminer

The school has a right to search his locker and probably also his backpack... anything he brings into the school in other words.

Tell your son to deny it and also to not talk about it with his friends. If there is no evidence and no gun was found it will blow over.

If this continues file a complaint with the school board.

Michael R

This is a tough issue because of all the recent school shootings. He can be questioned and made to feel like a criminal, but there should be no action against him unless there is hard core evidence against him. One person against another his hearsay

curmudgeon

Get a lawyer RIGHT NOW. This is very serious.

Snagelfritz

They need real evidence not some "Dingbat's" supposed sighting. Call Clint Eastwood, he will straighten the Dean out.

Phoenix, Wise Guru

I would suggest this dean provide some proof or expect to get a call from your lawyer. If you don't think you can really get a lawyer, tell the media, get it in all the papers, the dean will look like an idiot and you may find another resource for a lawyer. Maybe you could find a students' rights organization or something (local or national). A lawyer may be willing to take your case on a "money if we win" basis. I wouldn't even mess around with that kind of accusation.

I would not only speak with the dean, but also her supervisor, superintendent, the school board, whoever will listen.

Saint Lucifer

Schools have zero tolorance policies.

If your son was waving a gun outside of the school then he would hav been expelled/arrested.

trishie

first off did they find a gun? or does anyone you know own one? because they need more evidence than just a girl saying that. maybe she's jeoulos of ur son because he's doing great in school and she s not until they find the gun and proof than they can't do that.

vbryant52

Are they treating him like a criminal? They would have to talk to him about it. I don't think any school would try to have a student arrested for something that another student said he did. If so all school kids would be under arrest. If her word in the only prof, then you don't have anything to worry about. Why don't you get a lawyer to talk to the Dean. If the girl is lying, then she needs to be held responsible for all this mess.

UNIVERSAL

THIS IS TYPICAL CALIFORNIA LIBERAL CRAP. GET A LAWYER TO CALL THE SCHOOL THREATEN TO SUE THEM FOR DEFAMATION OF CHARACTER. WHAT PROOF DOES THE DEAN HAVE ? WE DON'T CARE IF SHE KNOWS HE'S GUILTY SHE HAS TO PROVE IT. GOOD LUCK GET AN ATTORNEY.

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