• 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.

Teacher altercation

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

Black Orchid

Junior Member
Hi from upstate NY.

I'm not sure if I'm posting this in the correct forum or not, so please bear with me. Any names have been altered. "P" is my wife and "E" is my daughter.

This is my written statement from an incident that took place the other day:

**********
On Tuesday, June 22, 2004 I dropped E. and her mother, P. At the ****** High School to attend the ****** School “Moving Up Day” 7th grade graduation celebration, then returned home. At about 1:00pm I returned to pick them up. P and E got into the car and were visibly upset. I was then informed by P that a female teacher had physically attempted to prevent them from leaving the school after the ceremony because P had forgotten to write a note informing the school she would be taking E from the high school instead of picking her up at the ******* school where she attends classes. P informed the teacher that she was E’s mother and E concurred. At this time P was holding on to E’s upper arm (near the elbow) while they were walking. The teacher grabbed E’s lower arm by the wrist and attempted to pull her away, causing a deep nail scratch, drawing blood and leaving her arm inflamed and reddened. Finally another teacher intervened, notified the other teacher that P was in fact E’s mother and they were permitted to leave.

I entered the school and demanded the teacher come into the office with me. At no time did I touch the teacher in any way. In fact, I was remained no closer than approximately 10 feet in front of her at all times. I entered the main office where one of E’s teachers and the vice principal and informed them that if anyone were to lay a hand on my daughter or her mother I would press criminal charges and initiate a lawsuit.

E’s teacher, the vice principal and I entered a private office, sat down and discussed the situation. They did explain to me that their concern for the students' safety was paramount and they did not want to release a student into the wrong person’s custody. I understood this but explained that even if it’s contrary to the schools’ policy and/or desire, if the parent wants to remove the child from the school it is the parents’ right and nobody has the authority to prevent them unless doing so represents an imminent threat to the child.

After the conversation things were calmed down, I left the building and returned home with P and E. Officer ****** of the Police department (who I know very well) then telephoned me asking what transpired at the school. I told him what happened and he informed me I was, at the request of the school, barred from school property and if I did not wish to face harassment charges brought on by the teacher who grabbed E, I would not return. He told me the teacher had shown him a raised welt on her arm and said I had grabbed her and was responsible for it. I then told him that I did not, under any circumstances, lay my hands on her but wanted to berate her in the office in front of a school official. I also told him that P was a witness to the entire event and will concur with me.
************

I believe the teacher attempted to cover up her mistake by either using a pre-existing injury or causing injury to herself to protect her position at the school, making it more difficult to punish her for what she did. I really had no intention of doing anything other than voicing my complaint and scolding the teacher, but since her complaint has been registered I am thinking otherwise.

I also spoke to a friend of mine (criminal judge) and was told that an assault and endangerment charge would be valid because of the pronounced scratch to my daughter's arm. I will also, if it comes down to it, initiate a lawsuit against the school district and the teacher. I'd rather face a harassment charge than what I'd charge the teacher with.

My question is........how accurate am I right now? Is what I'm thinking feasible and correct? I will not take any steps unless this "teacher" forces my hand.

Thanks
 


BelizeBreeze

Senior Member
Go see an attorney. There is no way we can advise you of any legal aspects of this case without getting into a moral and ethical discussion.

At the least, you should have stayed the hell away from the school and your wife should have contacted the police immediately and filed battery charges against the teacher.

At worse, you should have contacted an attorney immediately and had the attorney handle the matter. You going to the school, as you have learned, without impartial witnesses, has only served to exaserbate the situation.
 

Black Orchid

Junior Member
Yes...I see this now. But as a parent I wanted to set the school straight. I had no intent on turning this into a legal matter. I would've said my peice and went on my merry way. Unfortunately, I forget how sneaky and underhanded people can be.

So, even before knowing what's going to happen, I still should go to an attorney? I mean, if the officer told the teacher "look....if you do this then he'll do this". I know the cop and he will probably tell the school it's better if the entire thing is dropped.
 

BelizeBreeze

Senior Member
So, even before knowing what's going to happen, I still should go to an attorney?
Read my response very carefully. I said you should have gotten one BEFORE this all happened. Now you definately need one. If only to challenge the bar.

By the way, that attorney CAN and SHOULD appear with you at the next School Board meeting. If you get my drift.

I know the cop and he will probably tell the school it's better if the entire thing is dropped.
Friendly advise. Keep your mouth shut when speaking to this cop. Do not discuss this matter with him/her, do not enlist their help...NOTHING. If your attorney needs to speak with this police officer, he/she will.
 

Find the Right Lawyer for Your Legal Issue!

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