Former Student Sues District Over Right To Defend Yourself

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dws1117
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Former Student Sues District Over Right To Defend Yourself

#1

Post by dws1117 »

http://news.yahoo.com/s/kprc/20050812/lo_kprc/2876523

Former Student Sues District Over Right To Defend Yourself

Fri Aug 12,11:51 AM ET

A Houston-area teenager is suing his former school district over a brutal assault at school. He claims he ended up in a hospital because he was afraid to fight back, and he wants the policy to change, Local 2 reported Thursday.

Matthew Meloy said when four students jumped him and beat him at Hastings High School in September 2003, he did not defend himself because of the district's zero-tolerance policy on fighting.

The 6-foot-3-inch, 215-pound senior was on the baseball team. Then 17 years old, he was walking a frightened younger student to class when he was attacked.

Meloy's jaw was shattered and wired back together. Two years later, he still has problems eating.

"The doctor said he said he'd never (seen the) severity of the damage that was done," father Rick Meloy said.

Rick Meloy blames the school district and its zero-tolerance policy toward fighting. He said his son did not defend himself because teachers told students if they hit someone back, they would be expelled, too.

"He'd say, 'Dad or Mom, I didn't hit anybody. I didn't want to be kicked out. I didn't want to be suspended from school,'" Rick Meloy said.

"(Rick's) over 200 pounds who is certainly adequately equipped to defend himself. But because he was made fully aware of this policy, he intentionally did not defend himself in this situation and suffered tremendous consequences as a result of that policy," attorney Jess Mason said.

Mason and the Meloys filed a lawsuit against the district and the four former students in the attack for unspecified damages.

Local 2 asked Assistant Superintendent Paula Smith about the district's zero-tolerance policy.

"We encourage children, at all costs, not to engage in any kind of physical contact, not to ever fight," Smith said.

"Does this mean that some kids think that they cannot defend themselves?" Local 2's Cynthia Hunt asked.

"I can't speak for what kids think," Smith said.

Smith showed Local 2 the student handbook, which states that self-defense is considered before a student is expelled.

The Meloys said they want the district to change the policy or clarify it so students can feel free to defend themselves.

_____________________________________

Zero-tolerance policies are so rediculous. :evil:
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#2

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I saw that on the news Thursday night. I was mad enough, then they ran an interview with someone from the school district, or perhaps she was at the school, I can't recall which. She wouldn't answer the simple question whether a student would be expelled for defending himself, but gave some garbage of a canned response. Listing to her after having seen pictures and x-rays of this kid made me want to represent this kid for free! (Good thing for me he already has an attorney. :wink: )

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Last edited by Charles L. Cotton on Sat Aug 13, 2005 9:10 am, edited 1 time in total.
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#3

Post by stevie_d_64 »

We had a solution for some of the rabble rousers in our school back between '78-'82...It was a under the radar policy that at that time, to me just meant more things to plant into the ground as hard as I could...

Being a member of the football team, we had to obviously have practices before and after school hours...So the coaches had us out there pads and all at least 3-4 times late in the week for heavy drills...

One of those drills a week we had (regular) students who had had some altercations, and were given the option of working the infraction off during that week to suit up and join us for those practices...

Some were pretty hefty guys, and some were not...

Either way we paired up and proceeded to pound a few into submission (in a nice way)...Totally legit skill type drills...But we full-speeded them when it was one or two of these fine examples of the student body...

All in all a very effective way to make sure they knew that this is was their punishment/reward for the most serious of offences we knew at that time...Fighting was the biggy to get you to come out and join us...

I just think its a shame that not that long ago, the aborhant behavior was contained to minor things like fighting, minor drug possession/usage and gum chewing...

Now it has graduated into serious crimes like aggravated assaults that lead to permanent disabilities and death, from the staff on down to the students...Rape, etc etc...

None of those things were that bad when I was in school...

But times have changed...

It has caused us to seriously consider taking the financial hit of sending out kids to a more controlled, and supervised education opportunity in the "private" arena, away from the "public" domain...I believe the risks are somewhat still there in the Private Schools, but not as bad...

Not sure what else can be done...
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0 - tolerance for fighting

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This is the grade school equivilant of gun control unto confiscation. No self defense. England in America. Liberals have built mine & your problem in the schools too. Used to kick them out & w/ no education they went hungry. Now "we the people" have to feed, cloth, & entertain them through the welfare systems & they know it. So the "all knowing big brother" says you figure out a way to motivate them, keep them in school & if they don't learn then figure out a way. :roll: We have a long fight in front of us gentlemen.
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Paladin
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Re: Former Student Sues District Over Right To Defend Yourse

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dws1117 wrote:[url]A Houston-area teenager is suing his former school district over a brutal assault at school.
Good for him. Their policy that does not allow self defense simply encourages violence. They should take responsibility for it.
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#6

Post by dolanp »

I hope he wins. I've always felt that zero-tolerance policy was absolute horse manure.
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#7

Post by stevie_d_64 »

Well...

I think this "policy" directly effects how often assaults and fights take place in our schools these days...It doesn't prevent them, it just makes the process much more dangerous, and clever for the kids who choose to execute these attacks...

All I have to say is that my child would defend themselves...And they would do so knowing that I (their Father) approve that type of response...

It doesn't mean kill, it doesn't mean cripple...It means defend...

It also doesn't give them licence to seek out trouble...

Just like it applies to us, and our ability to carry a weapon in public for lawful defensive purposes...Our kids should be given the same courtesy...

And if my child is expelled for defending themselves...hmmmm

Charles...You'd be getting a call...And free reign to pursue this to the fullest extent...

I just think our education system is suffering from a serious lack of cajones...Too much emphasis on social engineering, and not enough on what a real education needs to be...
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#8

Post by ghentry »

I just experienced Katy ISD's zero tolerance policy last year.

Short story:
My step-son was in the lunchroom and was seated at a seat he normally didn't sit at as he had given up his seat for a visiting parent. A kid comes up and sees my son in what he believes to be "his seat" (no assigned seating by the way). The kid sits down, turns around back-to-back with my son and starts shoving him out of the seat and hitting him in the kidneys with his elbows. My son tells him to stop and pushes back. This process is repeated several times, each push getting harder and the push back harder as well. Finally my son tires of this and turns around and punches him once in the eye, left-handed, sitting down, follows him to the floor, gives him another punch and takes his place back at the table.

We are called and told he is being placed in in-school suspension. We meet with the mom to view the video and to try and work things out but were unsuccesful (the kid has a wicked black/red eye). Days later the mom presses assault charges and he is taken to the kisd station and ticketed. We are then informed that he would be sent to Alternative-School for 6 months. To further add insult to injury, the kisd police refused to allow us to press assault charges against the bully who made the initial physical contact. After arguing with the Lt., she finally told me to leave the station as she wasn't going to give me the answer I wanted.
She said that it was "mutual combat" up until the point that my son escalated it by hitting the boy and so only my son would be charged.

We had to hire an attorney, pay a retainer and went to court. The charges were dropped but we had to pay $175 restitution to the mother. We've also had to put him in private school as there is no way I'm going to make him go to kisd's form of juvenile prison. He later told us how scared he was at the school because of all of the gangs and threats of violence.

This zero-tolerance crap is hurting the kids it's supposed to be protecting. We had teachers and even the principal (off-record) say that this kid had a really big mouth and had it coming for a long time. That doesn't help us much now faced with $400-$500 per month in school tuition.
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#9

Post by stevie_d_64 »

Makes you wonder how effective this "new" HISD anti-bullying program is going to work...

I have my doubts...

NO! Say it isn't so Steve!

/sarcasm
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#10

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ghentry wrote:He later told us how scared he was at the school because of all of the gangs and threats of violence.

...That doesn't help us much now faced with $400-$500 per month in school tuition.
Public schools can be a dangerous place. The kid is probably way better off out of there.

I'm a strong supporter of vouchers, so that private school is an affordable option for more people.
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#11

Post by Baytown »

I worked as the campus officer at a high school for five years. I can't tell you how many times I had to take up for a kid that had been in a fight. The school wanted to hang him. I tried to explain 9.31 of the Penal Code, and all I ever got was their "Zero Tolerance" crap.

The school admin would want me to write them a citation for DOC, but if it was a case of self defense, I would refuse.

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#12

Post by Charles L. Cotton »

Baytown wrote:The school admin would want me to write them a citation for DOC, but if it was a case of self defense, I would refuse.

Glenn
Thank you!!

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Baytown
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#14

Post by Baytown »

Thanks.

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#15

Post by dws1117 »

Glenn,

I'd like to buy you a beer or beverage of your choice.
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