top of page
justice scale (1).jpg

NC Education Lawyer Blog

  • Writer's pictureNC Education Lawyer

Help: A School Resource Officer violated my child's civil rights.

Updated: Sep 28, 2023

As a parent, you send your child to school hoping that they will be safe and secure. Unfortunately, this is not always the case, particularly with the increasing use of school resource officers ("SROs") in educational institutions. While SROs are intended to protect students, they are not immune to excessive use of force. In some cases, students end up being assaulted by these officers. If your child has been a victim of SRO abuse, it is important to know their rights and take action. This blog post will highlight the rights of students assaulted by school resource officers and how you can advocate for them.

Know Your Rights: Students have the right to be free from unreasonable searches and seizures under the Fourth Amendment of the US Constitution. Furthermore, students have the right to be free from physical harm, such as assault, while at school. If a student is assaulted by an SRO, it is a violation of their constitutional rights, and they have the right to seek legal action against the officer and the school. Parents should familiarize themselves with the laws and regulations that protect their children against police brutality in schools. he National Campaign for Police Free Schools, a grassroots organization fighting to end the criminalization of youth in the classrooms and schools, has created a toolkit to assist parents with filing a formal complaint against SROs.

Gather Evidence: The burden of proof lies with the student and their family in cases of police brutality. It is important to collect and keep evidence that can support your case. This may include statements from witnesses, pictures and videos of the incident, and medical reports from any injuries sustained during the assault. The more evidence you have, the stronger your case will be.

Hire an Experienced Attorney: It is crucial to hire a legal professional with experience in cases of police brutality and school law to represent your child. These attorneys will have the knowledge and expertise to navigate the complex legal system and advocate for the best outcome for your child. They will also be able to provide supportive resources and guidance throughout the legal process.

Advocate for Accountability: It is not enough to simply seek justice for your child; it is important to ensure that the responsible parties are held accountable for their actions. This includes the SRO, the school administration, and any other individuals who may have been complicit in the assault. Parents should utilize their voice to advocate for policy changes that will prevent similar incidents from happening in the future.

Support Your Child: SRO assault can have a significant emotional and psychological impact on students. Parents should provide a safe and supportive environment for their children, encouraging them to speak openly about their experiences and feelings. If necessary, seek counseling services to help your child cope with the trauma of the assault.

No parent wants to imagine their child being assaulted by a school resource officer. However, if such an unfortunate event occurs, it is essential to know your child's rights and take action. By gathering evidence, hiring an experienced attorney, advocating for accountability, and providing support to your child, you can ensure that justice is served. It is also essential to push for policy changes that will enhance the safety and security of students in schools. Remember, by standing up for your child's rights, you are also helping to create a safer and more equitable educational environment for all children.



bottom of page