Wednesday, December 08, 2010

High Road is for the Birds

So s I have mentioned in a previous post that Mikayla had a little incident at school. She was in an argument with another student (friend) that resulted in the student taking a swing at her which she blocked. Student then swung at her again an ended up slapping Mikayla in the face.
Instinctively Mikayla threw her dink that was in her had at the student. And in doing so doused several other students. Both Mikayla and the student received 5 days out of school suspension. Okay fine school rules, you can't even retaliate or you get suspended. To not get suspended she would have had to stand there and take it, or try to walk away and still take it.
Today was Mikayla's first day back. I received an email from her principle and this is how our discussion went:

Principle: I just met with Mikayla about the total for the clothes. She will need to pay $192.40 for two pairs of boots, some sweaters and some leggings (they were all light colored clothing). I asked that she bring it to me next Monday, or by next Wednesday at the latest. I told her it would be best that she bring cash, as I did not want you all to spend extra money on money orders, nor did I want your name on a check going to another family.

ME: I want the clothes that she supposedly ruined before I pay for them. If you don’t mind. If they don’t want to give them up I don’t want to pay for them. I don’t mean to sound snotty about this, but if the girls are going to stand around and encourage the dispute that was going on between Mikayla and Student then I don’t see why Mikayla or rather I have to pay for ruined items. But I understand your position. Therefore I want the clothes before I give up the cash.

Principle: Would it be okay if I gave the other parent your phone number (let me know which one) so that you can discuss this?

ME: I would rather they did not have it. If they are claiming their clothes are ruined and cannot be worn and are wanted retribution for them, they should have no problem giving them to you. After you have received them I will give you the money to hand out.

And I was wondering, where did the amount of $192 come from?

Principle: Unfortunately, I’m not in a position to get those items for you. Two building administrators (one of whom was Mr. Head Principle) determined the items were ruined. The two who had clothing items ruined were innocent bystanders who had their backs turned to the entire incident; in fact, they actually saw nothing that had occurred. The girls’ clothes were covered down their backs and the sides of their legs, and both of their boots were covered on the sides and backs in hot chocolate. The $192.40 comes from the information for the clothing for the two girls (one was an outfit that had just been purchased; the total also includes replacement costs for both girls’ boots). Because restitution is part of the suspension, if Mikayla does not pay the fine by next Wednesday, she will be added to the fine list.

My question is really? I have to pay for clothes that the school determined was ruined and did not even bother to get cleaned but will not let me have even at the exurbanite amount?

Oh and being on the fine list means you don't get report cards or if you are a senior you don't get to graduate.

Anyone who has any legal background I would love to know if I have any ground on which to stand?
I don't have a problem paying for the ruined clothes I just want the clothes.

An acquaintance told me to let them know I will be filing a claim in small claims, that way they would have to bring the clothes. I just don't know. What I do know is I am really erked!


utmomof 5 said...

Sounds to me like that principal is avoiding having to show you BIG TIME. I wouldn't let this drop at all. I don't have any advice for you as far as legal issues go but small claims sounds good to me.

Good luck!

Monica said...

Yea that is what another friend of mine said to do. He said that way they have to show the clothes as proof.

We shall see, I let the principle know today that I was going to seek legal advise before paying any such restitution charges.

Laggin said... could have just e-mailed me.

I think there is a difference between what the school can insist on and what the legal system can do. In court they would have to prove the items were ruined, but you wouldn't necessarily get them. What happened with the administrator determining that they were ruined is similar (although if it was a man, I doubt he knew whether there stains could come out); he made a decision they were destroyed. Were the boots Uggs?

I agree that the situation sucks, but it's probably not a battle you will win.