Transfer of the Perpetrating Student and Prohibition on Contact Measures
Practice AreaSchool Violence
OutcomeTransfer of the Perpetrating Student
StageSchool Violence Deliberation Committee
01. Background
This case involved representation of a victim of school violence, in which Measure No. 2—prohibiting contact, intimidation or threats, and retaliatory acts—and Measure No. 8—transfer—were imposed on the perpetrating student. The key issues were whether the repeated physical violence and threatening statements occurring on campus constituted school violence, and the seriousness, intent, and persistence of the conduct, as well as the need to protect the victimized student.
02. Key Issues
01
Repeated Physical Violence and Threatening Statements
02
Consistency Between the Statements and Related Materials
03
Need for Measures to Protect the Victimized Student
Repeated Physical Violence and Threatening Statements
02
Consistency Between the Statements and Related Materials
03
Need for Measures to Protect the Victimized Student
03. Legal Strategy
MEGA X distinguished and organized the factual circumstances and legal issues of the case and, based on the sequence and substance of the relevant statements and submitted materials, presented its opinion as to whether the conduct constituted school violence and whether measures were necessary.
MEGA X also explained that the conduct at issue should not be viewed solely as isolated incidents, but should be assessed in light of its overall repetition and seriousness, and that the need to protect the victimized student should be fully considered to ensure the student’s stable attendance and school life.
MEGA X also explained that the conduct at issue should not be viewed solely as isolated incidents, but should be assessed in light of its overall repetition and seriousness, and that the need to protect the victimized student should be fully considered to ensure the student’s stable attendance and school life.
04. Outcome
Transfer of the Perpetrating Student
Case Note Results may vary depending on the facts of each case. Some details have been modified to protect client confidentiality.