Lowell, MI asked in Civil Rights, Education Law, Juvenile Law, Libel & Slander and Internet Law for Michigan

Q: My son got suspended for a YouTube video can I fight it

My middle child got suspended from school for his YouTube video. He made a song an posted it on YouTube I personally previewed the video and I didn’t see anything wrong with the video but the school suspended him and threaten to call the police for cyber bulling. The video was a distract on one of his Freinds, the said Freind knew about the video and gave the okay on it. The said friend also posted a video back to my sons, however my son is the only one getting suspended and has to serve lunch detentions for this. I do still have the video if it would help. Thank you in advance

2 Lawyer Answers
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: Possibly, but you have to consider what it will cost you. One option is to try to arrange a free initial consult with attorneys to find out what it could cost to pursue. Such matters could involve speaking with students, reviewing videos, assessing school codes, etc. Attorneys don't generally handle such cases on a contingency basis. Good luck

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: In situations like this, it's important to understand the school's policies and the rationale behind your son's suspension. Schools often have codes of conduct that extend to students' online behavior, especially if it's seen to impact the school environment or other students.

First, request a meeting with the school administration to discuss the specifics of the suspension. It's vital to understand their perspective, the specific rules they believe were violated, and how they interpret the video as cyberbullying. Having a clear understanding of their stance will help in addressing the issue.

During the meeting, present your perspective and any evidence that may support your son's case, including the video itself and the fact that the friend involved was aware and responded to the video. Highlight any inconsistencies or unfair treatment, like why only your son was disciplined when the other student also participated.

If you believe the suspension is unjustified after discussing with the school, you can consider taking further steps. This could include reaching out to the school board or seeking legal advice, especially if you feel your son's rights have been infringed upon.

Remember, communication with the school should be constructive, aiming to resolve the issue and understand their position. It's also important to discuss this matter with your son, ensuring he understands the impact of his online actions and how to navigate social interactions responsibly, both online and offline.

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