Q: I was threatened by a classmate... He is still in the school, can I sue?
So this was a few months ago, this kid (and trust me I'm probably not the first or last person he's threatened, he's notoriously a bad student and he creeps me out because he pervs on me sometimes, but he was asleep in class, which was normal for him, and I tried to wake him up because the teacher had come over and couldn't get him up and then the guy got mad because the teacher wrote him up and he threatened to kill not only me but my teacher too.
He stayed in the class for a long time after that but he's no longer in the class, but I still see him in the halls, and I don't feel safe, even with teachers watching. So can I sue him? Or the school board for not properly handling this? I go to school to learn but it's hard when your having to constantly watch over your shoulder.
A: These matters are fact driven, meaning the facts are very important, and you should talk to a local lawyer handling educational or school issues, so the lawyer can evaluate the problem. I would want to know what, if any
A:
These matters are fact driven, meaning the facts are very important, and you should talk to a local lawyer handling educational or school issues, so the lawyer can evaluate the problem. I would want to know if this is high school, junior high or college; what the investigation of the incident determined was the seriousness of the threat; what, if any, discipline was dolled out after the threat; what is the students prior disiplinary history; and how close are you and he to graduating the school. But before you see an attorney, talk to your parent(s) and have them contact the school to let them know your concerns and see what they will do about it. Your remedies are not so much money damages, unless you suffer injury or other measurable damages. Your remedy would be more like getting this kid transfered to another school, if that would make you safer.
Sometimes, these type of matters are better left alone, because this kid might actually retaliate against you if he receives additional disipline. That is why the facts are so important.
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