Can I sue for slander?

[Proserpina]

Although I certainly understand why schools must now take all threats of violence seriously, whether these threats are overt or not, and schools can potentially be held liable for negligence if harm comes from failing in their duty to warn and report of such threats, there is still a line that can be crossed when warning others of perceived threats. Whether to say a line has been crossed here or not is not apparent.

There was an interesting case out of Iowa and, although I am aware that Lumaster lives in a different state, the case can be educational. In Dennis L. Smith v. Iowa State University of Science and Technology and State of Iowa, July 18, 2014, the Supreme Court of Iowa upheld a $500,000 award to Smith on his Intentional Infliction of Emotional Distress claims against the school and State (the Court of Appeals finding that the underlying conduct was "far broader" than false statements and defamation). Here is a link: http://caselaw.findlaw.com/ia-supreme-court/1673157.html

The facts presented in Smith (which involve a retaliation for whistleblowing) differ from what Lumaster has disclosed so far of the facts in his own situation, but the case can be instructive.

From Smith: "The State urges us to be hesitant to subject university employees to liability for reporting security concerns about individuals to campus police. This is a legitimate point. But ... [defendant] did not just report concerns ... she went back ... repeatedly to demean Smith, even though she had nothing new to say or report ... It suggests that reports to university police ought to have a wide berth of legal protection, but it also shows that such reports can be misused, because of current sensitivities."

While perceived threats must be taken seriously, the source of the reports of these threats - and the reasons behind the reporting of them - must be investigated to ensure a person targeted is not being targeted unfairly and falsely. Schools cannot rush to judgment and demean or defame an individual with unsupported accusations but they also have a duty of care to those in the school, so they cannot necessarily afford to sit back and wait until facts are gathered. Schools and school personnel have been placed in a difficult position.

Very difficult, absolutely.

This is not a positive thing in my opinion.

 

[OHRoadwarrior]

There is a student guide for recourse to such events which involves requesting a hearing. If the student did not avail themselves of due process afforded, claiming damages would be difficult.

 

[quincy]

There is a student guide for recourse to such events which involves requesting a hearing. If the student did not avail themselves of due process afforded, claiming damages would be difficult.

We appear to have been given just the bare minimum in facts by Lumaster.

We don't know exactly what has been communicated about the student to others or exactly why it was communicated to others. We don't know what has been done by the student to address his removal from the school, if anything. We don't know what role his "mental illness" might play in either his school-removal or in his claims of suffering emotional distress, if it plays any role at all. We don't know who is seeking access to his medical records. We don't know what jobs he has been denied because of what has been communicated about him (or for how long he has been seeking a job or why he is seeking a job).

We really don't know very much.

The only thing that seems clear to me is that the student should seek the help of a local attorney.

 

[Dandy Don]

Kicked out of what school? High school or college? Did someone make a written complaint about you or was it just a verbal complaint? Did you get to give your side of the story?

 

[quincy]

Kicked out of what school? High school or college? Did someone make a written complaint about you or was it just a verbal complaint? Did you get to give your side of the story?

Lumaster said it was a college. There was a police report made. What was reported to the police was communicated to others at the college.

Beyond that, we know very little but Lumaster's other threads provide more information.

He needs to see an attorney in his area. It does not appear that an online forum is going to give him the help he needs.