School Violated Student Rights

Your Honor, I stand before you today, not only as **** James Tokar, but as a father whose heart has been torn apart by the injustice inflicted upon my *-year-old daughter, Summer. This is not just a case about a rumor, a misinterpreted message, and a school's overreaction, it's about the fundamental rights of a child, rights enshrined in the Constitution of the United States and the laws of the State of Ohio, rights that have been brutally violated in the handling of this case. The story began with a message on Snapchat, a message that was immediately deleted by the sender, a boy who claims to be Summer's friend. Despite Summer's desperate attempts to capture a screenshot before it vanished, the message was lost. This single deleted message, this whisper in the digital wind, has become the foundation upon which my daughter's reputation, her future, and her very innocence have been unjustly tarnished. The school administration, instead of reacting with prudence and caution, instead of engaging in a thorough investigation that respected Summer's rights, reacted with alarm and without consideration for the potential consequences of their actions. They alerted law enforcement, painting a picture of a young girl threatening violence, a picture that was far from the reality. This case is not about a school shooting, it's about a school overstepping its bounds, and a system failing to protect a child from the very institutions meant to safeguard her. The failure to retrieve the deleted Snapchat message, a failure that could have been remedied by contacting Snapchat directly, was a blatant disregard for due process. The school's actions were compounded by the fact that they failed to provide me, Summer's father, with any information regarding the investigation. I had a court order, a legal document that guaranteed my access to my daughter's school records, yet I was shut out, left in the dark, denied the basic right to understand what was happening to my child. This disregard for transparency, this refusal to communicate with a parent, speaks volumes about the school's blatant disregard for the law and their duty to protect Summer. It violated not only the spirit, but the letter of the law, specifically the Family Educational Rights and Privacy Act (FERPA), a federal law that protects the privacy of student education records. FERPA mandates that schools must obtain written consent from parents before releasing any information from a student's education records, a mandate that the school blatantly ignored. The school's actions were further compounded by the fact that Summer was questioned without the presence of a parent or a lawyer, a violation of her fundamental rights under the Sixth Amendment to the United StatesConstitution. The Sixth Amendment guarantees the right to counsel, and the right to have that counsel present during any interrogation. Summer, a child of only 15 years, was left vulnerable, alone, and unprepared to face the pressure of questioning without the support and guidance of either me, her parent, or a lawyer to protect her rights. The school's conduct not only violated federal law, but also state law. Ohio Revised Code § *.* clearly outlines the requirements for student due process in cases of suspension or expulsion. This law mandates that students facing these actions must be given notice of the charges and an opportunity to be heard. They are entitled to present evidence, cross- examine witnesses, and have their voices heard in a fair and impartial process. Summer, however, was denied all of these rights. She was not given notice of the charges against her, she was not given an opportunity to present her side of the story, and she was not allowed to defend herself against the allegations. This blatant disregard for Ohio law, coupled with the violation of federal law, is inexcusable. The severity of the school's actions is evident in the fact that they were willing to publicly brand my daughter, a child, as a potential threat to the entire school community. This is a stain on her reputation that will follow her, a smear that threatens her future, and a wound that may never fully heal. Beyond the legal arguments, I stand before you as a father, pleading with you to understand the human impact of these actions. Summer has suffered deeply, her trust in authority figures shattered, her sense of security shaken. The emotional toll of this ordeal is immeasurable. I move to drop the charges against my daughter, Summer Tokar, because she is innocent. I move to drop the charges because the school's actions were reckless, irresponsible, and illegal. I move to drop the charges because Summer deserves justice, and she deserves to have her reputation restored. The case of Summer Tokar is not just about a rumor, it's about a system that failed to protect a child, a system that violated her rights, and a school that acted without care or compassion. In this case, the law was not a shield, but a weapon used against a child. I implore you, Your Honor, to uphold the law, to protect the rights of my daughter, and to ensure that this never happens to another child. What rights were legally volatile

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