Can a Teacher Press Charges Against a Student

November four, 2008

I have a question about my husband's electric current situation. I've posted on here before nearly information technology (class from hell). In a nutshell, the kids are awful, administration does niggling well-nigh it.
My husband teachers at a middle school in DC. A student intentionally shoved him and punched him in the tum today. The student was removed and given 10 days break. The law officers at the schoolhouse asked my husband if he "wanted the kid in cuffs". My husband said "What? You mean similar press charges?" Officers said yes and my married man said he wasn't going to press charges since the kid who did information technology was but in 7th class and it didn't actually hurt him. Now he'due south 2nd guessing his conclusion and would like to printing charges... mainly so the student doesn't effort to get away with something in the future. Nosotros know aught near the constabulary and our rights (We've never had this happen before!). Is information technology also late for him to press charges? Is the statue of limitations? It'll be less than 24 hours since information technology happened. Can he exercise it even though he already said no?

Delight don't think he'due south some awful teacher who couldn't handle a atmosphere tantrum. This pupil spent the starting time 15 minutes of course running around the room, cussing my husband out, throwing things and smacking another student really difficult in the bad of the caput. The school did suspend him for ten days but information technology only doesn't feel like enough...
Nov 4, 2008

I would say your husband should follow up with the constabulary department if hes non sure. I think I would press charges, every bit well, if the kid was beingness a brat and not interim out because of a disability or a major result at home.
3Sons Enthusiast

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Nov 4, 2008

He tin can probably still press charges. Technically, keep in listen it's not him pressing the charges, it's the state. The court instance would be "District of Columbia vs. Unruly Pupil", non "Upstanding Teacher vs. Unruly Student".
He might consider a ceremonious conform instead. This gives him a lot more control over the outcome and ability to negotiate what happens. Probably gives a meliorate risk of winning, besides. The drawback would be actually having to pay a lawyer.

Perchance he should consult with a lawyer beginning and lay out his options. The statute of limitations is unlikely to be a bulwark here.
Special-t Enthusiast

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Nov four, 2008

Your married man's union can probably tell him how to keep.
Nov 4, 2008

Aye, that'south the kind of things we're worried about. If he says "Yeah I desire to press charges"... is this something else now we have added to our plate of things to deal with. He just wants to teach the child and as well show others that he means concern. (He's been assaulted many times this year by students he doesn't know.) What all is involved past pressing charges?
Ms. I Maven

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Nov 4, 2008

If any student physically touched me in an agressive or harmful way, y'all'd better believe I'd press charges, the solar day it happens. No kid should get away w/ anything like that.
Aliceacc Multitudinous

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Nov 4, 2008

I think he should run it by the assistants. They may surprise you lot and be helpful, now that someone ELSE is actually doing something that resembles discipline. At the very to the lowest degree, they'll need a heads up.
Mrs.A Rookie

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Nov iv, 2008

I would look into your union. I know our marriage went through the local police and district attorney to set up a policy for teachers pressing charges. If administration does not agree to have the police on the premises our teachers are still allowed to printing charges for something that happened on school holding. Your wedlock may have more than data than you think. If they don't, it sounds like something they need to outset working on to support your teachers. If the administration is going to do null then your union actually needs to be stepping in and letting teachers know their rights.. There is no excuse for students getting away with these kinds of behaviors.
SuzieQ Companion

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Nov iv, 2008

Is this child from a special ed course? My married man works with emotionally disturbed students and students have been known to hit , cuss etc..to their classmates besides as teachers. I'thou non saying it is right or o.m. simply...with his kids y'all kinda have to expect the unexpected. Either way they still demand a concequence.
Nov 5, 2008

No, not special ed. Merely a hot head.
Nov 5, 2008

This merely happened in my district. A loftier schooler punched our Wedlock President in the head and he went straight ahead and pressed charges immediately.
We are educators, not students punching bags; no educatee should ever lay easily on a teacher in an aggressive or violent manner.

I got bit past a student last twelvemonth and I was furious. I understand that in that location are special needs students that tin can't control outbursts, however when my ain safety is tampered with I become very upset. I worried well-nigh whether I was going to have to get vaccinated, yet I was lucky enough that he (only barely) did not break the pare.

For this situation I believe it is a adept idea to press charges, to show the other students that he is serious and that he will not deal with violence in the classroom. Maybe he'll finally get that support he needs in his school by showing he'south going to accept a very serious stand against what is happening to him.
Mathfan Rookie

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Nov five, 2008

Nosotros had a student terminal year who was very loud and extremely disrespectful to teachers. He had been similar this for years and nothing had been washed. One day, he spat on a substitute instructor and pushed him. The sub pressed charges and had him taken in handcuffs.
As a result, the student's parents decided to transfer their son to another schoolhouse where he didn't know everyone. In the new school, he found himself in a dissimilar oversupply and his attitude changed.

IMO charges should be pressed and then that he realizes that in that location are strong consequences for his actions and he thinks near it next time he wants to loose his atmosphere.
hatima Devotee

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Nov 5, 2008

I call back maybe your hubby should try to press charges, at the least to get the student help.
Reason i: In high school a educatee brought a gun, loaded with several actress clips, he was D-level and faced no concequences because of his D-level placement. However, he was very smart, and a known violent gang member. If he was helped properly in unproblematic and middle schoolhouse for infractions that caused no injuries he may not have ended up and so mixed up in a gang.

Reason two: Again the child may need help. A fifth grader (now in eighth grade) threatened the life of the teacher in the classroom. The admin, did absolutely nothing about it. The kid said, "He was joking" as did his mostly absent mother. I was a witness, this kid was Not joking. If he did get the gun, which he did have access to, the teacher would have been injured. No doubt in my mind about that.

Our society needs to stop letting children "off" who commit adult crimes. We need to start getting these kids aid. Anger management or whatsoever, not only say...oh y'all're simply a kid....I hate that.

Reason three: My cousins were both like that equally a younger children. The oldest is in her twenty'south I accept no clue how she is doing. He younger blood brother is every teacher'southward nightmare! He needed proper assistance years ago which he did not get. He is now in middle school and may go kicked out for harrassment (justly kicked out). Everyone but kept letting it go since he was "but a kid" I fright for my aunt's safe over the next ten years.
Nov 5, 2008

I taught beginning & I had student punch me in the belly while education. My hubby called the police... we did not press charges, merely we wanted it on record, so that if something else did happen nosotros could show it wasn't an isolated example. The police officer was very nice & said that it was a practiced idea.
Just wanted to share my two cents. I would definately have it on file at the police station.
Nov five, 2008

Merely my two cents....I'd file charges afterward notifying the assistants what my intentions were.
stonesthrow New Fellow member

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Nov five, 2008

PRESS CHARGES! Practise not send the bulletin that this is an allowed behavior considering I promise it will get worse! I would seek medical atention as well!
Yank7 Habitué

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November 5, 2008

Your husband must contact his spousal relationship immediately. They will have over the example and tell him how to proceed.This child is a danger to himself and anybody around him.The trouble cannot be ignored.It is a disgrace that the assistants does not suspension upward this class or take measures to put an cease to their destructive behavior.By the way after assaulting a teacher the child is usually transferred out of the schoolhouse and not allowed dorsum into the school where the assault occurred.Once again check with the union.Information technology IS ESSENTIAL THAT YOUR HUSBAND TRANSFERS TO ANOTHER School AS Before long As POSSIBLE!!
Nov 5, 2008

Didn't hurt him? How far does a student have to go earlier an assail is considered an set on? Is it bruising? Blood? Broken limb? Is it the "number" of peers and adults assaulted? I can see the court decision: "Pupil pushed teacher but due to good concrete shape and coordination the teacher was able to catch himself just before hitting his head on sink. The student punched him but teacher was able to motility only enough so no vital organs were struck. In all, no existent actual harm was washed. Ruling in favor of educatee."
motheroftwo New Member

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Nov 5, 2008

If it were me I would printing charges immediately! I piece of work in an urban school in an Ohio metropolis of 82,000....and sadly this beliefs is Non just occurring in DC. I work with special education - CD, LD, and emotionally disturbed students. Regardless, charges need pressed so 1. The child learns that this is incorrect. two. To get him the help he needs. Many times it takes the leverage of the courts to get a child the emotional or mental health supports that he/she might require. Violence will not be tolerated in the larger community and it shouldn't be tolerated at schoolhouse. A pupil stole $75.00 from me several years ago...premeditated, planned, and carried out...three times over a 2 week period....taking a piddling bit hither and there. He had to purposefully open my door, walk across the room, open my closet, unzip my pocketbook, and take information technology. I pressed charges and he spent 17 days locked upwards and came back to me a niggling more than humble! I've never regretted it.
Nov v, 2008

If I was in your husbands' shoe I would:
File an incident report. Notify admin.
Equally the union on what to do.
I would not press charges because not because a kid is bad now ways he won't be amend later.
Nov ix, 2008

follow up
I hate to say information technology but when my husband went dorsum to school the next day the police officer who was on duty at the school pressured him into non pressing charges. Then he didn't. The officer made it seem like "Well, gee, yesterday you didn't want to press charges. Yous must've talked to people last dark and now yous've changed your mind. Do yous Actually want to ruin this kids life???????" My husband is 1 of two white people in the entire school. Attitudes are very different in the city. I'm certainly not playing the race menu hither considering other teachers, black and white have told him that the problems he's having is mostly because he is white. My husband is a great guy. But he's non big and mean enough to get the kids' "respect". He would put so much into his students if they just showed a trickle of respect.

He's still considering talking to the VP well-nigh it. Even if he doesn't printing charges, x days suspension is not enough. (My school suspended a kid for 15 days for spraying some spray paint on the wall.) And for those who suggested the marriage... anywhere else that would exist a neat thought. In D.C. the wedlock is laughable.

Basically I think my husband is afraid to follow through with information technology. The little bit of support that he does accept from security/police/administration he doesn't want to lose by doing something they don't approve of. (No schoolhouse in DC tin can beget bad publicity right now... it'due south pretty intense.) He fears for his life when he goes in everyday. Just Friday he had a student (who he's written 7 referrals on already) walk by him and pretend to shoot a gun in his face with his fingers. (This educatee has an older sibling in a gang.) Everyday we're looking for a style to exit of this situation. Cheers for all the comments.
Yank7 Habitué

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Nov 9, 2008

Your husband is in a situation that is unsafe and it will not ameliorate. No job is worth it!
Ms. I Maven

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Nov 9, 2008

Woah, how scary! It'southward merely like when witnesses are agape to come forward w/ info regarding a crime because those & friends involved in committing the offense volition come back & retaliate.
I'd be agape for these punk kids to know what kind of auto I drive & exist able to follow me home 1 24-hour interval. No one knows what kind of loose canons these kids are & what they'll do next!

Well, I certainly promise your husband stays safe. This kind of thing is the last matter one in the teaching profession hopes to ever have to face.
Nov ix, 2008

And Admin is non supporting your husband past disciplining this child? This is fifty-fifty worst if the Admin is not on the teacher's side bad enough he has hostile students to deal with.
I am sorry for your husband'due south troubles and I sincerely promise he stays safe.
hatima Devotee

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Nov 9, 2008

sk8enscars311 I am really sorry to hear almost that. I wish your husband the best in the hereafter.
Nov ten, 2008

I promise he tin can detect another job elsewhere. Too much to expect of anyone. Yous are both on my prayer listing.