Are there grounds for filing suit against the school for negligence for failing to notify anyone of the report? 2 Answers as of March 19, 2013

My 13 year old son has been attempting to move in with his father for several years. He run away from home and accused me of physically abusing him. On May, 2012, he contacted a school counselor and told them that I had sexually abused him. He said the incident occurred on the same day that he was reprimanded for inappropriately touching a little girl. The school records showed that day to be April 12th, 2012. The counselor did not report the incident. The initial claim came out the following school year in September when my son reiterated it to someone else. It was only then that we found out about the initial report. My children have been removed from my house and I am still waiting for grand jury. The date that my son claims that I molested him, he was in the care of his father and I was actually out of the state. I have airline tickets and witnesses. Had the original counselor reported the complaint initially, as she is required to do by law, it would have been much easier to deal with. Are there grounds for filing suit against the school for negligence for failing to notify anyone of the report? I also would like to know what my actions could be against the counselor who notified no one of the initial report.

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Yes
Answer Applies to: Georgia
Replied: 3/19/2013
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
This is not my area of expertise. You should consult an attorney familiar with this type of situation.
Answer Applies to: New York
Replied: 3/15/2013
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