• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Do I have a case?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Tony129

Junior Member
I live in California.

I am a teacher. I accidentally stepped on a student's foot. The student and the school are accusing me of battery. The school suspended me with pay for one day while they investigated. The school gave me a letter that accuses me of corporal punishment. They want me to sign the letter so they can put it in my file.

Is this a case of "defamation per se" because I am being falsely accused of battery?
 


quincy

Senior Member
In criminal law, battery is the use of force against another which results in harm and, in tort law, battery is an intentional and offensive touching of another without justification.

A one-day suspension from teaching for accidentally stepping on a student's foot seems a bit extreme, and a claim that the accidental stepping on a student's foot is battery seems a bit of a stretch.

If a disciplinary letter resulted from the school's investigation into the matter, however, it appears there is more to the story than what you have presented here.

Whatever the case, truth or substantial truth would defeat any claim you might make of defamation.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top