School violence committee matter in which the victim student was also accused of being a perpetrator; the other student received Measures Nos. 2 and 6, while no action was taken against the client
Practice AreaSchool Violence
OutcomeMeasures Nos. 2 and 6 imposed on the other student
StageSchool Violence Deliberation Committee
01. Background
Assessment of conduct causing sexual humiliation and anxiety, response to the allegation that the victim student was also a perpetrator, and clarification of the context and sequence of events
02. Key Issues
01
Assessment of conduct causing sexual humiliation and anxiety
02
Response to the allegation that the victim student was also a perpetrator
03
Clarification of the context and sequence of events
Assessment of conduct causing sexual humiliation and anxiety
02
Response to the allegation that the victim student was also a perpetrator
03
Clarification of the context and sequence of events
03. Legal Strategy
MEGA X first carefully organized the circumstances that led to the client’s involvement in the school violence committee proceedings and identified the issues that were actually in dispute. In school violence cases, surrounding circumstances or the conduct of other students may be interpreted together with the client’s conduct. Accordingly, it was important to distinguish and explain the scope of the client’s own conduct separately from the actual issues in dispute.
We also examined, one issue at a time and in accordance with the applicable standards, whether the client’s conduct could be deemed school violence. We structured our position around the principle that mere accompaniment or a passive response cannot, by itself, conclusively establish school violence, and that the determination must be based on the nature and extent of the actual conduct.
In addition, throughout the written submission and our responses during the proceedings, we consistently explained that the client’s conduct did not constitute school violence under Article 2, Subparagraph 1 of the Act on the Prevention of and Countermeasures Against Violence in Schools. It was important that we responded by explaining the facts and applicable standards separately, rather than relying on an emotional account.
We also examined, one issue at a time and in accordance with the applicable standards, whether the client’s conduct could be deemed school violence. We structured our position around the principle that mere accompaniment or a passive response cannot, by itself, conclusively establish school violence, and that the determination must be based on the nature and extent of the actual conduct.
In addition, throughout the written submission and our responses during the proceedings, we consistently explained that the client’s conduct did not constitute school violence under Article 2, Subparagraph 1 of the Act on the Prevention of and Countermeasures Against Violence in Schools. It was important that we responded by explaining the facts and applicable standards separately, rather than relying on an emotional account.
04. Outcome
The other student received Measures Nos. 2 and 6
Case Note Results may vary depending on the facts of each case. Some details have been modified to protect client confidentiality.
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Attorneys Involved
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