School Discipline For Harassing A Witness In A School Matter
By Michelle Ball, California Education Attorney for Students since 1995 Can a student say what they want about witnesses who report a problem at school? What about statements which may intimidate that student: comments such as "nark," "snitch," or other modern equivalent? Intimidating a witness is strictly prohibited and could result in suspension or expulsion for the student uttering such statements. Per Education Code section 48900(o) witnesses to a school discipline matter who come forward cannot be threatened, harassed, or intimidated because they are, or were, witnesses. Specifically, this section states that a student can be suspended or expelled if a pupil: Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for purposes of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both. This can lead to a tricky situation if a student ...