Can you file a lawsuit or charges against a parent volunteer for verbally abusing your child at school?

Answer 1

If you believe that your child has been subject to verbal abuse by a volunteer at the school, you have several means you can implement before involving the courts. Speaking generally, the court is a lot more sympathetic to petitioners who have exhausted all reasonable means of redress before bringing an issue to court.

1. Notify the teacher that has been paired with the parent volunteer. No school is going to let a parent volunteer loose in a school without a teacher attached to the volunteer.

2. You need to notify the administration. The first question out a judge's mouth is going to be, "did you notify the teacher and the principal of your concerns?"

If you are not satisfied with the results of approaching the teacher and the principal, you need to ask yourself how bad the situation really is; how did you discover that verbal abuse was taking place? Did you hear it personally? Did your child come to you and tell you that he/she was being verbally abused? Since ALL children lie, how much clout do you give your child's accusation? Is this a misunderstanding or is there an element of malice involved? Remember that a complaint against anyone who works with children is going to be a serious matter. The Department of Children and Families will likely be involved to run interference if a court complaint is issued. You will be at the mercy of Social Services until the matter is resolved to their satisfaction. That means invasive questioning, longitudinal interviews, pestering social workers, and the definite misery for the accused, whether it is legit or not. The process is laborious, invasive, and can be costly in many ways.

I am not discouraging you from filing a complaint, but often times our anger over a perceived slight, particularly if it is geared towards a child, can blind us to subsequent consequences. However, if you wish to pursue the matter and you have or have not notified the school of your intent:

1. Call the police. This is such a simple step and we usually forget about it because we want results immediately.

2. If a police investigation warrants charges, they will be made and you will have to cooperate with that said investigation. Be prepared to be honest and forthright.

3. Keep in mind that there is no more egregious accusation of wrongdoing that wrongdoing against a child. Be certain you have your ducks in a row before you decide to unleash hell in someone's life, which is why it is imperative you have a legitimate claim of abuse.

If it happens that the police and social services find your claims baseless, you will need to be prepared to deal with that embarrassment and the likely stigma attached to a false claim. I implore parents to work with the school before they bother the courts. 85% of the time, it is a misunderstanding or an inflated occurrence where feelings have been hurt. Once you involve the courts, it is out of your hands and will become something much more. That being said, once out of your hands, you do not decide charges or penalties. That is the job of county social service agencies and the courts.

Now, you have the right to sue someone if you feel the conduct merits a cause of action, and that will require you to hire a lawyer that, number one, deals in civil complaints, number two, is accustomed to dealing with children and complainants, and number three, sees a victorious outcome should your case eventually go to court. If a lawyer does not see strong merits to the complaints you have, he will not touch a case like that with a ten-foot pole for many reasons.

In summation, I urge parents to work with schools, as results can be had that way without ruining lives and exhausting your savings account. If your child has been legitimately injured and is suffering, the police will pursue the charges. The courts have little patience for crimes against children. But as I mentioned, have your eggs in one basket before proceeding.

I wish you the best of luck in your endeavors. Keep an open mind, and do not run off tilting at windmills if resolution can be had through conversation and compromise.