If they did something wrong then yes they should be held accountable. But until the facts are presented you dont know.
I know this was a special needs student from the special education department, who they were fully aware had language issues. And I know the interrogation didn't happen until 24 hours after he said what he said - more than enough time to contact his parents.
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LawyerLady
I can explain it to you, but I can't understand it for you.
And if any of you think for a second that some blond haired, blue eyed Anglo special needs kid forced to say he was a terrorist by bullies would be treated the same way - you are either incredibly stupid or lying to yourself.
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LawyerLady
I can explain it to you, but I can't understand it for you.
Of course he wouldn't have. How many blond haired, blue eyed Anglos are fighting for ISIS. That's a ridiculous comparison. Of course he was targeted because he was Muslim. Because Muslims are killing us.
Of course he wouldn't have. How many blond haired, blue eyed Anglos are fighting for ISIS. That's a ridiculous comparison. Of course he was targeted because he was Muslim. Because Muslims are killing us.
And that is discrimination. C'mon - you are a lawyer. You know better.
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LawyerLady
I can explain it to you, but I can't understand it for you.
A special needs child bullied & then interrogated without his parents knowledge......that is so many shades of wrong. I don't think that it is worthy of $25 Mill but the school needs to be held responsible. I don't for one second see how the school officials could believe this child was a terrorist & ISIS member. Unless of course there is more to it & the parents are outspoken in the community & it was projected onto the child. That is complete conjecture on my part.
I watched a video interviewing this family. No way.
And according to the Complaint, when this happened - the mom was 6 months pregnant with a high risk pregnancy, and didn't know where her son was for two hours after school, and immediately consented to their home being searched when the police asked.
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LawyerLady
I can explain it to you, but I can't understand it for you.
I'm just saying - you are not going to get a trial to determine those facts for you. You are going to have to base it on what you get. And right now - what you gets says the school screwed up big time.
-- Edited by Lawyerlady on Wednesday 17th of August 2016 11:31:38 AM
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LawyerLady
I can explain it to you, but I can't understand it for you.
I watched a video interviewing this family. No way.
And according to the Complaint, when this happened - the mom was 6 months pregnant with a high risk pregnancy, and didn't know where her son was for two hours after school, and immediately consented to their home being searched when the police asked.
Thanks. I was trying to see some plausible reason for the school administration's actions. I guess there is none.
Of course he wouldn't have. How many blond haired, blue eyed Anglos are fighting for ISIS. That's a ridiculous comparison. Of course he was targeted because he was Muslim. Because Muslims are killing us.
And that is discrimination. C'mon - you are a lawyer. You know better.
Of course he wouldn't have. How many blond haired, blue eyed Anglos are fighting for ISIS. That's a ridiculous comparison. Of course he was targeted because he was Muslim. Because Muslims are killing us.
And that is discrimination. C'mon - you are a lawyer. You know better.
No, it's profiling.
And as I stated above, major school violence is more likely to be perpetrated by white males - not Muslims.
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LawyerLady
I can explain it to you, but I can't understand it for you.
Oh and let's bankrupt the local school and destroy the whole community. No problem.
That's a bit overdramatic, don't you think?
The school shouldn't be keeping a special needs student after class to interrogate him without consent from his parents and not even informing them of his whereabouts. That is so incredibly wrong.
If the school really felt this was an dangerous situation they should have contacted the police and the parents immediately.
Then they will get sued again if something happens. These are adults. They know how to act. You don't have to go to the end of each extreme. There is a right way to act.
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America guarantees equal opportunity, not equal outcome...
The only school conduct I see a problem with was making him sign the statement. Calling him in to the office, they were under a duty to. Searching his locker? Of course they were right to do so, if they received information he was going to bomb the school. I do not feel there is reasonable expectation of privacy in public lockers.
As for the other "facts", i.e., allegations made by the plaintiffs, they claim they were not called. But they knew about it, so they were obviously called at some point. "When" is in dispute, and I believe they should have been called was soon as they received information that the student said he would blow up the school. The suspension is also in dispute. Mom says it was for a week, papers say a month. The suspension was most likely done to give police time to investigate and ensure the school was safe. Was a week reasonable? I don't have enough facts to render an opinion.
I do not see any discrimination based on his disability. Perhaps "failure to accommodate", because he was treated as someone without a disability? But when alleging discrimination, better to throw it all against the wall to see what sticks.
As for being discriminated against because of his race, etc., perhaps. But the ones who really discriminated against the student based on his race, religion, etc., were the students who bullied him. The school was told the student admitted he was a member of ISIS and intended to bomb the school. The school acted on the information they received. If he had been a blue eyed anglo they would have done the same thing. Because as LL pointed out, more school violence occurs with white males. But had he been a blue eyed anglo, the STUDENTS would not have bullied him into admitting he was a member of ISIS. I'm not sure how the bullies' discriminatory intent can be transferred to the school. Vicarious liability would be quite a stretch I think.
As for his damages, it's possible, but I would need to know more about the parents loyalty to Islam and Sharia Law before I could make an assumption. And I don't think they are suffering $25M worth of distress even if they renounced their faith.
Settling doesn't mean guilt. It means it's faster than dragging this out and cheaper than the legal fees. It's a business decision.
The only school conduct I see a problem with was making him sign the statement. Calling him in to the office, they were under a duty to. Searching his locker? Of course they were right to do so, if they received information he was going to bomb the school. I do not feel there is reasonable expectation of privacy in public lockers.
As for the other "facts", i.e., allegations made by the plaintiffs, they claim they were not called. But they knew about it, so they were obviously called at some point. "When" is in dispute, and I believe they should have been called was soon as they received information that the student said he would blow up the school. The suspension is also in dispute. Mom says it was for a week, papers say a month. The suspension was most likely done to give police time to investigate and ensure the school was safe. Was a week reasonable? I don't have enough facts to render an opinion.
I do not see any discrimination based on his disability. Perhaps "failure to accommodate", because he was treated as someone without a disability? But when alleging discrimination, better to throw it all against the wall to see what sticks.
As for being discriminated against because of his race, etc., perhaps. But the ones who really discriminated against the student based on his race, religion, etc., were the students who bullied him. The school was told the student admitted he was a member of ISIS and intended to bomb the school. The school acted on the information they received. If he had been a blue eyed anglo they would have done the same thing. Because as LL pointed out, more school violence occurs with white males. But had he been a blue eyed anglo, the STUDENTS would not have bullied him into admitting he was a member of ISIS. I'm not sure how the bullies' discriminatory intent can be transferred to the school. Vicarious liability would be quite a stretch I think.
As for his damages, it's possible, but I would need to know more about the parents loyalty to Islam and Sharia Law before I could make an assumption. And I don't think they are suffering $25M worth of distress even if they renounced their faith.
Settling doesn't mean guilt. It means it's faster than dragging this out and cheaper than the legal fees. It's a business decision.
No. They would not have.
And the rest of your comments show you haven't paid attention to the facts posted in the article, or by me, or anywhere else. Some of your statements flat out are not said anywhere - as an example - he never told the other students he was a member of ISIS and no where anywhere does it said he did.
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LawyerLady
I can explain it to you, but I can't understand it for you.
To the who gets called first, the police are called first.
That's just fact.
No matter color of skin or needs.
I've seen it.
And if a threat is made, doesn't matter by whom or how, it is taken seriously and precautions are taken, immediately.
I want to know a few things,
1. Once the "threat" was made, was the building put on lock down?
2. If this child is as disabled as is stated, where is his advocate? Advocates, or aid, are not to leave the special needs child. They are with them every second.
3. Why would any mother sit for 2 hours after school waiting for a special needs child to come out? Why didn't she call the school or go inside after 20 or 30 minutes?
There are some things in this story that leave questions. Particularly since he is a special needs.
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A flock of flirting flamingos is pure, passionate, pink pandemonium-a frenetic flamingle-mangle-a discordant discotheque of delirious dancing, flamboyant feathers, and flamingo lingo.
The only school conduct I see a problem with was making him sign the statement. Calling him in to the office, they were under a duty to. Searching his locker? Of course they were right to do so, if they received information he was going to bomb the school. I do not feel there is reasonable expectation of privacy in public lockers.
As for the other "facts", i.e., allegations made by the plaintiffs, they claim they were not called. But they knew about it, so they were obviously called at some point. "When" is in dispute, and I believe they should have been called was soon as they received information that the student said he would blow up the school. The suspension is also in dispute. Mom says it was for a week, papers say a month. The suspension was most likely done to give police time to investigate and ensure the school was safe. Was a week reasonable? I don't have enough facts to render an opinion.
I do not see any discrimination based on his disability. Perhaps "failure to accommodate", because he was treated as someone without a disability? But when alleging discrimination, better to throw it all against the wall to see what sticks.
As for being discriminated against because of his race, etc., perhaps. But the ones who really discriminated against the student based on his race, religion, etc., were the students who bullied him. The school was told the student admitted he was a member of ISIS and intended to bomb the school. The school acted on the information they received. If he had been a blue eyed anglo they would have done the same thing. Because as LL pointed out, more school violence occurs with white males. But had he been a blue eyed anglo, the STUDENTS would not have bullied him into admitting he was a member of ISIS. I'm not sure how the bullies' discriminatory intent can be transferred to the school. Vicarious liability would be quite a stretch I think.
As for his damages, it's possible, but I would need to know more about the parents loyalty to Islam and Sharia Law before I could make an assumption. And I don't think they are suffering $25M worth of distress even if they renounced their faith.
Settling doesn't mean guilt. It means it's faster than dragging this out and cheaper than the legal fees. It's a business decision.
No. They would not have.
And the rest of your comments show you haven't paid attention to the facts posted in the article, or by me, or anywhere else. Some of your statements flat out are not said anywhere - as an example - he never told the other students he was a member of ISIS and no where anywhere does it said he did.
Actually, the article said the parents claimed he was forced to admit he was a member of ISIS (See below). And I based all of my comments on the original article, as posted by you. No, I'm not basing it on any "facts" given by you, only on the "facts" stated in the article.
Whether he would have been searched, etc., had he been a blue eyed anglo remains with the trier of fact. Not with you, or with me. Or with anyone else who has not been presented with ALL of the evidence.
From the original article:
"The family of Nashwan Uppal, a Pakistani special-needs student from Islip Terrace, filed the suit Monday in U.S. District Court for the Eastern District of New York in Central Islip, claiming school officials forced him to confess, under extreme duress, to a terrorist act and crimes he did not commit, and “that he was a member of ISIS, a vile and infamous terrorist organization.” School officials also ignored repeated and severe incidents of bullying against Nashwan from older students, the court papers stated."
And I had those same questions, Lily, with regard to his "special needs." Why wasn't his advocate with him? And why on earth did Mom sit for 2 hours? If my boys are 15 minutes late and I haven't been notified of the cause for delay, I'm not sitting on my arse.
A flock of flirting flamingos is pure, passionate, pink pandemonium-a frenetic flamingle-mangle-a discordant discotheque of delirious dancing, flamboyant feathers, and flamingo lingo.
And I had those same questions, Lily, with regard to his "special needs." Why wasn't his advocate with him? And why on earth did Mom sit for 2 hours? If my boys are 15 minutes late and I haven't been notified of the cause for delay, I'm not sitting on my arse.
Our special needs kids don't get advocates. Unless they are really REALLY special needs.
And we don't know that she didn't try to get into the school. A lot of schools are on lockdown ALL the time. You have to be buzzed in. If this happened after school and the office staff had gone home, then there would have been no one to let her in...
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America guarantees equal opportunity, not equal outcome...
The Complaint does. And again - that's an easily verified fact, so not something people are going to lie about in a legal document.
The mother was outside the school anxiously waiting for her son, repeatedly trying to call and text her son. The complaint says that Nashwan asked the principal if he could answer his mother's calls and texts and was denied the request. Finally, after the police questioned Nashwan, the principal let him answer his mother and tell her to come to the principal's office.
They went to the police station from there, and their home was searched after that on the same day with her consent. They found nothing.
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LawyerLady
I can explain it to you, but I can't understand it for you.
And I had those same questions, Lily, with regard to his "special needs." Why wasn't his advocate with him? And why on earth did Mom sit for 2 hours? If my boys are 15 minutes late and I haven't been notified of the cause for delay, I'm not sitting on my arse.
Our special needs kids don't get advocates. Unless they are really REALLY special needs.
And we don't know that she didn't try to get into the school. A lot of schools are on lockdown ALL the time. You have to be buzzed in. If this happened after school and the office staff had gone home, then there would have been no one to let her in...
And have you seen the size of the school? Our principal's office is not in an area parents can get to without being taken back there.
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LawyerLady
I can explain it to you, but I can't understand it for you.
Would you sit out side the school for two hours texting and calling?
No. You would go in and want to know where your kid is.
I'm not blaming anyone for anything.
There are questions that need to be answered.
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A flock of flirting flamingos is pure, passionate, pink pandemonium-a frenetic flamingle-mangle-a discordant discotheque of delirious dancing, flamboyant feathers, and flamingo lingo.