What rights does my son and myself have against the school for defamation?
Full Question:
Answer:
Students have been held by the courts to be citizens with a property right to their education. To deny that right requires, at the least, an informal hearing with notice, witnesses and the like. Suspensions for longer than 5 days might require even more formal procedures. The courts have found that a school's code of conduct must have minimum due process protections. The authorized rules students must obey without a specific verbal command must be in writing. The rules need to be specific, and published, so that the student is aware of the nature of the conduct that is prohibited.
Pursuant to Section 1318 of the Public School Code of 1949, the School Board has the authority to permanently expel a student after hearing. Section 12.7(b)(2) of the Department of Education’s regulations (Code) requires that prior to expulsion from school, a student be afforded a formal hearing. 22 Pa. Code §12.7(b)(2). A student is entitled to be presented with the names of witnesses against him, to request that any witness against him be present and
subject to cross-examination and to testify and present witnesses on his own behalf.
Slander is a type of defamation, a false statement communicated to another person that damages another’s reputation by exposing them to disrespect or ridicule from other people. In order to constitute defamation, the communication must be false. If the speaker knew or should have known the information was false and repeated it to another, resulting in harm to the person spoken about, it may be defamation.
The basic elements of a claim of slander include;
1. a defamatory statement;
2. published to third parties;
3. which the speaker or publisher knew or should have known was false; and
4. that caused the plaintiff injury as a result of the statement
Unlike libel, unless the slander is defamatory per se (on its face), damages caused by slander must be proven by the plaintiff. Damages for slander may be limited to actual damages unless there is malicious intent. It does not have to be proven that actual harm to your reputation occurred to collect damages for slander if it is defamatory per se, such as:
* The communication affects your business, trade or profession (loss of business, discharge, demotion, etc.),
* Implies you committed a crime,
* Leads on that you have a loathsome disease,
* Or suggests that you are somehow sexually impure.
Defamation is a difficult wrong to prove, as there are various factors that are to be taken into consideration. The court must evaluate the defendant’s investigation, or lack there of, concerning the accuracy of the statement. How thoroughly the investigation was handled will reflect upon the nature and interest of the person who communicated the statement. Generally, defamation damages will not be awarded if the defendant had an honest but yet mistaken belief in the truth of the statement.
Typically, the courts will review such cases only insofar as ensuring that due process rights were afforded to the student in the procedures. This will involve such considerations as whether the student was served with a written notice of requirements; was made aware of grounds which would justify his expulsion or suspension by way of the student handbook; the hearing tribunal afforded an opportunity to hear and confront the evidence presented against the student and an opportunity to be heard and to offer other evidence if the student chose; the student was accorded the right to have someone from the school to assist her in the proceedings; was informed of the tribunal's finding; was given access to its decision for personal review; and, was advised in writing of the consequence imposed.
The following are PA statutes:
24 P. S. § 13-1303.1-A. Policy relating to bullying
(a) No later than January 1, 2009, each school entity shall adopt a
policy or amend its existing policy relating to bullying and incorporate
the policy into the school entity's code of student conduct required
under 22 Pa. Code § 12.3(c) (relating to school rules). The policy
shall delineate disciplinary consequences for bullying and may provide
for prevention, intervention and education programs, provided that no
school entity shall be required to establish a new policy under this
section if one currently exists and reasonably fulfills the requirements
of this section. The policy shall identify the appropriate school staff
person to receive reports of incidents of alleged bullying.
(b) Each school entity shall make the policy available on its publicly
accessible Internet website, if available, and in every classroom. Each
school entity shall post the policy at a prominent location within each
school building where such notices are usually posted. Each school entity
shall ensure that the policy and procedures for reporting bullying
incidents are reviewed with students within ninety (90) days after their
adoption and thereafter at least once each school year.
(c) Each school entity shall review its policy every three (3) years and
annually provide the office with a copy of its policy relating to bullying,
including information related to the development and implementation of any
bullying prevention, intervention and education programs. The information
required under this subsection shall be attached to or made part of the
annual report required under section 1303-A(b).[fn1]
(d) In its policy relating to bullying adopted or maintained under
subsection (a), a school entity shall not be prohibited from defining
bullying in such a way as to encompass acts that occur outside a school
setting if those acts meet the requirements contained in subsection (e)(1),
(3) and (4). If a school entity reports acts of bullying to the office in
accordance with section 1303-A(b), it shall report all incidents that
qualify as bullying under the entity's adopted definition of that term.
(e) For purposes of this article, "bullying" shall mean an intentional
electronic, written, verbal or physical act, or a series of acts:
(1) directed at another student or students;
(2) which occurs in a school setting;
(3) that is severe, persistent or pervasive; and
(4) that has the effect of doing any of the following:
(i) substantially interfering with a student's education;
(ii) creating a threatening environment; or
(iii) substantially disrupting the orderly operation of the school; and
"school setting" shall mean in the school, on school grounds, in school
vehicles, at a designated bus stop or at any activity sponsored,
supervised or sanctioned by the school.
24 P. S. § 13-1318. Suspension and expulsion of pupils
Every principal or teacher in charge of a public school may temporarily
suspend any pupil on account of disobedience or misconduct, and any
principal or teacher suspending any pupil shall promptly notify the
district superintendent or secretary of the board of school directors.
The board may, after a proper hearing, suspend such child for such time
as it may determine, or may permanently expel him. Such hearings,
suspension, or expulsion may be delegated to a duly authorized committee
of the board, or to a duly qualified hearing examiner, who need not be a
member of the board, but whose adjudication must be approved by the
board.