Janitor pushed DS. Updated pg. 4

[OceanAnnie]

I'd want to keep him as far away from my son as possible.

A meeting because of this (warranted as it is) may give him a bitter pill to swallow. Has this janitor had problems with "pushing" before? Any problems with physical contact? What led to the push? Curious as to how he would justify it.

Doesn't sound right. It sounds like he was out of control to push your son.

Good luck, and keep us posted.

 

[Hercules10]

I'd start discussing this with law enforcement. Find out exactly what would constitute criminal charges and see if this incident qualifies. Find out the clear definition of 'assault'. Also starts the documentation process if he does it again.

Me personally I wouldn't want an apology or even get near this bully because I'd do some pushing myself and then I'd be in jail.

 

[disney4us2002]

Did Nicholas, the cafeteria witnesses or the other children give any indication as to WHY he pushed Nicholas? I just don't understand what happened that would make him push him in the abdomen with enough force to make him lose his balance and fall into the wall. A bad mood is no explanation as to what caused him to single out Nicholas. Was he trying to pass him, did they cross in the hall? I cannot visualize what happened but nothing I imagine justifies the description you got from Nicholas and his classmates.

 

[RitaZ.]

Originally posted by Trish5768
I talked to the principal this morning. I told her that after thinking on it all night and talking to the cafeteria monitor, and a few kids that were in line with Nicholas that things just were not adding up. I said you said Nicholas said he was not hurt and yet the nurse did give him an ice pack, I said you said he was moved but I had Nicholas show me what he actually did and then went to two other kids homes without Nicholas and had them show me. They did the EXACT same thing as Nicholas showed me. I said he was not moved, he was pushed in the abdomen and fell backwards into a wall. You told me that Nicholas had done nothing wrong, so why did this man feel he had to touch my child in any way if he was not in any danger. She said that if it was her son she would feel the same way and yes, Nicholas had been pushed and she should have made that clear yesterday. She said that she was meeting with Mr. X and his union rep. today. She also said that she would keep me posted on any other developments. I don't know now if I'm madder about the push or the fact that she went out of her way to try to cover the whole thing up.

The way the principal spoke to you initially hinted that there was more to the story. If the janitor had pushed your son for his own safety or accidentally, the principal would have pointed that out right away. If a student were to intentially push and cause a teacher or other school employee to fall, he/she would be in BIG trouble. It shouldn't be any different for the students, they have rights too.

Your son's school has got to have a code of conduct booklet that explains his rights and responsibilities, read it and find out what his rights are in this situation. It sounds to me like this janitor shouldn't be working around children. Good luck!

 

[Serena]

I'd definitely find out more. So far, the janitor is not looking good. Other than a dangerous situation that hasn't been mentioned, that janitor would be in big trouble.

 

[ducklite]

The fact that the janitor has involved his union rep makes me think that he's in trouble and knows it.

I would also bring in the police. The principal will likely try to disuade you from doing so, do'nt even mention it until you've filed a report. It sounds like there was an assualt, and the alleged perpetrator should not be around children until this is resolved.

If nothing else, it sounds like this warrants an investigation by a neutral outside party, which the police would be. It will also make sure the principal is aware that you are serious about persuing the issue.

I would also call the superintendent of schools and demand a meeting TODAY, and let them know you're prepared to contact an attorney if they aren't cooperative with you, which would they rather speak to? Do NOT get argumentative or raise your voice, or become emotional. I know this from experience.

They will try to play games with you--I took my school district to court, and won--and it cost the district a LOT of money for both the defense and settlement (none went to me, they ended up paying for a very expensive private school for my son as a result)--because they were playing games about seven years ago. They became very cooperative after that.

Anne

 

[Divamomto3]

Originally posted by mudnuri
doesnt your school have a zero tollerance policy for physical contact? I'd check on that.

There is NO reason ANY adult should be "pushing" "moving" "touching" ANY child in any capacity if it is not the childs parent, or if physical injury is NOT going to occur without the contact.

I'd be LIVID and would press charges.....but thats just MY opinion

Brandy

I agree! Apologize???? I think he should be FIRED.

 

[Trish5768]

Get this! I called to talk to the superintendent and hes out till Monday, so I talk to the business manager who said that they were having a meeting with the janitor and the union rep this afternoon. Apparently, I am not allowed to know what the result of this meeting is because its a personnel issue and hes entitiled to his privacy. I said, if it were a child doing this to a teacher or a student their punishment would be public record. So you are telling me that the adult has more rights than the student. Hes says I can't answer that. I told him if I don't get some straight answers I am calling the authorities. I did not want to make a huge deal out of this, however, they won't be straight with me.

 

[piglet too]

Ok, I think it is time to report this to the authorities. I can kinda understand not being allowed at the meeting, but it seems like they are trying to keep this very hush hush.

 

[Maleficent13]

IMO, enough's enough. File a report. I don't often advocate the extreme response, but I think in this case it's warranted. It's the only way you're going to get any info.

 

[binny]

Originally posted by Trish5768
Get this! I called to talk to the superintendent and hes out till Monday, so I talk to the business manager who said that they were having a meeting with the janitor and the union rep this afternoon. Apparently, I am not allowed to know what the result of this meeting is because its a personnel issue and hes entitiled to his privacy. I said, if it were a child doing this to a teacher or a student their punishment would be public record. So you are telling me that the adult has more rights than the student. Hes says I can't answer that. I told him if I don't get some straight answers I am calling the authorities. I did not want to make a huge deal out of this, however, they won't be straight with me.

Can I dial the police for you?



Seriously I would be on the phone NOW! No threatening, they are going to try to sweep this under the rug and you and yours will labeled as trouble makers. If you go to the authorities now, even you take no further action, you have proof that YOUR side of the story is documented. Dont wait to do this, it will show lack of concern and alarm on your part. Even though WE know different, I doubt that the words of a handful of internet buddies will pull much weight in court.


PLEASE, this was an assault. If your ds was hurt by a school employee it needs to be reported and not just to the schoold district!

 

[Toby'sFriend]

man, good luck whatever you decide to do. I'm still unclear on what has happened. But it personally makes me uncomfortable to hear that your phone calls are being pushed aside until Monday, but there's enough people around to have Private meetings with the Union Rep immediately.

 

[Lachesis00]

Wow I am in awe...

 

[mrsv98]

Actually, this is battery. According to my text book battery is:

"intentional, harmful or offensive physical contact by one person with another person"

The fact that he touched your son in this manner qualifies. At this point you can call the police and file a report and also contact an attorney and make a civil case.

In my opinion, you should do both. There is NO EXCUSE for an adult pushing a small child hard enough to make him fall unless there was some threat of danger or it was completely unintentional. Don't call the superintendent again, let the police and your attorney handle it from here. It might also be a good idea if you had your son tell you what happened while you record it. Try not to coach him, just let him talk. Little ones don't have the greatest memories and you want his account while it is fresh and untainted as possible.

*I am not an attorney, I am not offering legal advice, I am merely stating facts and my opinion.*

I had to say that so my paralegal professor doesn't have a coronary.

 

[Chicago526]

Yup, call the cops and a lawyer. If you wait, they'll only think that it must not have been serious since you didn't contact the police right away.

I always try to get both sides of a story, but if the janitor had a good reason, they would have told you by now. Call a lawyer, then have the lawyer contact the cops or do it your self. Have the school deal with the lawyer from now on. Make it clear that the janitor is not to go near your son until this is settled, and make sure the school doesn't try to "take this out on your son" in anyway. If he starts getting into trouble or getting detentions when before he didn't, I'd take a hard look at what's going on.

I wish you could trust the school to do the right thing, but right now all they care about is that they don't get sued or have this wind up in the press.

 

[Hagred]

I would have to say that your initial reaction probably made them circle the wagons. If you began this whole incident (and it sounds like you did by calling the principal as soon as your child was off the bus) coming off on the offensive right way, of COURSE they're going to not want to give you any information you could use against them. Of COURSE they're going to get the union involved right away. You're presenting a threat simply because your child was pushed and the wall blocked his fall.

As for all this, "He made the child lose his balance" stuff, how hard is it for THAT to happen? Children lose their balance all the time. I think if there were bruising or any physical evidence that this kid was 'battered', you'd be talking about it here. All you have right now is a bunch of people who may or may not be telling you the truth when they say they saw your child pushed. They may be telling you what you want to hear to make you go away.

Regardless, it's your life and your child. Personally, I think you're making a mountain out of a moehill and a great many people here, who BTW have no personal stake in how things might come out for your child in school, are helping you stay whipped up into a frenzy.

Just wanted to add a dissenting opinion. Not everyone thinks this is a case for the police - I'm sure they'd much prefer catching real criminals than investigating a mishap where someone got pushed, but there is no physical evidence to show that the person getting pushed was really hurt.

 

[jajuan]

I wouldn't wait until Monday. This is really scary that things like this can go on in school. Good luck.

 

[piglet too]

Originally posted by Trish5768
I walk through the door from getting him off the bus, phone is ringing its the principal. She says Mr. X moved Nicholas and that she sent him to the nurse to be checked out and the nurse said there was no redness or bruising. (why the ice pak?) Also, Mr. X will be reprimanded. She also wanted me to know that Nicholas had not done anything wrong.

Hagred if you re-read her OP, you will see that the principal was calling her, not the other way around.

 

[phamton]

The union is involved, not because the school district wants them but because they represent/protect the janitor. I saw a teacher's aid shake a child during P.E. I reported it to the administrators. The T.A. was represented by the union to protect her rights. The administrators and I had no one there for us. The union always got involved to aid any employee who was accused of misdoings, much to the dismay of the administrators. None of our adminstrators were fond of the union.

Parents aren't allowed in for personnel issues. If an employee pushed you at McDonalds, you wouldn't be asked into the meeting where the employee was reprimanded or fired.

I also wouldn't be calling the police or an attorney as it seems your son is not injured. But that's just me. I would just wait and see how the school handles it.

Edited to add: The T.A. that I saw shake the child was fired in spite of the union being there. And for those worried about the child, he was fine, not shaken hard and didn't even remember it happening (he was 4 years old.) The parents let it drop once they saw the TA was fired.

 

[ducklite]

I woiuld definitely call the police, and let them investigate. The other poster was right, kids start to forget things, so it's important that they ahve the chance to conduct interviews with witnesses now, before time goes on and memories fade.

I would also tell the principal that you want to know if the janitor is still in an area of responsibility where he can have contact with your son, and if so--FILE A RESTRAINING ORDER!

I'm telling you FROM EXPERIENCE, DO NOT BACK DOWN. The harder you push the better it will be, not worse. Trust me, they will single out your son if you only take this half way. But if you got no holds, they will back down with their tails between their legs. It cost my school district a few hundred thousand dollars because I felt the district wasn't handling a similar situation properly, in defiance of the law. The judge thought so too.

Anne