Teacher Misconduct Legal Steps

Summary

If your child was harmed by a teacher, document the incident, report to police, and consult a lawyer. In Oklahoma, you can report crimes directly to law enforcement. If the sheriff refuses, contact the District Attorneys office. Legal counsel can help navigate these situations. You may consider a lawsuit against the school, but consult a lawyer first to assess your case. If the teacher returns during the investigation, it doesnt impact your legal rights. Consider obtaining a restraining order for your childs safety.

Full Conversation

My child was chocked by a special Ed teacher 3 days ago and the principal isn't trying to investigate it but I want to file a complaint are sue the school and our the teacher
Hello Josh, I'm sorry to hear about your situation. Here's what you can do:
- Document the incident in detail.
- Report to local police.
- Contact a lawyer to discuss a possible lawsuit.
Please note laws vary by location, can I know where this incident occurred?
In happened in Calvin Oklahoma
Hello Josh, thank you for providing your location. Did you manage to document the incident, report it to the police and contact a lawyer in Calvin, Oklahoma?
Yes but the sheriff said that we couldn't file tell the school did first
I see. In Oklahoma, you have the right to report any crime directly to law enforcement. Could you clarify if the sheriff refused to take your report or if they suggested it would be helpful for the school to report first?
They refused it saying that the school had to file frist
I see. It's important to know:
- In Oklahoma, individuals can report crimes directly to law enforcement.
- If denied, consider contacting the District Attorney's office.
- Legal counsel can help navigate these situations. Seek a lawyer if you haven't yet.
So should I sue the school as well
Yes, you can consider a lawsuit against the school. However, first:
- Consult a lawyer for advice
- A lawyer can assess if your case is strong
- Remember, legal action should be your last resort
What happens if they let that teacher back to the school while a investigation is being done
If the school allows the teacher back during an investigation:
- It doesn't impact your legal rights.
- You may consider obtaining a restraining order for your child's safety.
- Your lawyer can guide you further based on specific details.
Thank you so much
You're welcome! If you have any more questions or need further guidance, don't hesitate to ask. Remember, your child's safety is paramount. Good luck with your case.