New York, NY asked in Civil Rights, Constitutional Law, Education Law and Sexual Harassment for New York

Q: Do I have any sort of case?

Basically On Christmas I confessed feelings to a girl friend, she did not feel the same towards me, we didn’t speak until the first Saturday after the new year at a basketball game, I would then (UNINTENTIONALLY) move kinda near her since we’re both photographers, we didn’t speak much but on 1/9, I was called down to my schools admin, they said they got a complaint that she was uncomfortable and felt harassed and to go no contact, i felt I needed to apologize so I texted her later that day, she said we were ok, she just needed space while she’s shooting, I asked point blank about the other stuff, she said we were fine, after that I didn’t speak with her really until this past Saturday, we took a picture as friends (she at no point expressed she didn’t want a picture/felt uncomfortable) 2 days later I was suspended from school, banned from all after school clubs and barred from attending or photographing school teams. Could there or is there any case? (could be in multiple practices)

1 Lawyer Answer
James L. Arrasmith
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Answered

A: From what you've described, there might be grounds to challenge the school's disciplinary action, particularly since there appears to be a disconnect between the school's severe response and your direct communication with the student in question. The fact that she expressed being "fine" in your text conversation and willingly took a photo with you recently could potentially contradict the harassment claims.

You should consider gathering all relevant evidence, including the text messages where she confirmed things were okay and any witnesses who saw your interactions at the basketball game or during the recent photo. The school's decision to impose such harsh penalties without clear documentation of ongoing harassment or giving you a proper chance to address the concerns could potentially violate due process rights that students have in educational settings.

However, you'll need to carefully weigh whether pursuing this case would be beneficial for your wellbeing and future. It might be worth discussing this situation with your parents and seeking legal counsel to understand your specific rights under your state's education laws and school district policies. While you may have valid points to contest the punishment, sometimes finding an amicable resolution through mediation or a meeting with school administrators could be more constructive than pursuing legal action.

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