• 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.

"Spanking"

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

JoshS

Junior Member
What is the name of your state? Minnesota

Hey guys, quick question: Following this short statement is a situation that I was directly involved with a few days ago. My parents and I are doing homework on what kind of action pursued and for what (legal wise). I was wondering if anyone had any insight?

The scenario is as follows. I've decided to give the exact document I was asked to write down what happened for record keeping and for recalling, since that would probably explain it the best. Here it goes:
Silver is John Silver; a substitute teacher that taught at the same exact school for 32 years and retired last year.
Fey is a teacher of mine that I have a lot of respect for.
Joyce is the Principal of the school.
Hamilton is the Vice Principal of the school.

Upon handing out the Moral Development level sheet, Silver discussed the pre-conventional moral development level (studies by Lawrence Kohlberg). Silver said that the level is the level of obedience and punishment; this is what an early child experiences: they are at an elementary school level, they “behave” because they are told to by authority, and physical consequences determine behavior.

To better explain the level, silver decided to share a real-life scenario to help us (the students) relate. Silver said “it's like when my six month old daughter was first crawling and she'd crawl everywhere: one time she had found her way near the High-Fi player and I said to her 'no' [points finger]. She turned her head and looked around the room, and then continued her way to the player. To make her realize what I was trying to say, I would give her a spanking so that she'd know that if she went near it, she'd be hurting.”

When Silver neared the words of 'spanking', he approached me as I was sitting hunched over in my desk, in the front row, second chair from the right. I was leaning to the right where there was a bar to lean against (to protect students from falling I assume), therefore the left side of my regio glutealis (butt) was accessible with ease. He then proceeded on to demonstrate the scenario as if I was his six month old child – he spanked me, without my consent, without any prior knowledge, without any warning, without any sign, he spanked me. The touch was neither soft or hard, however it did leave a red mark for a short period of time, and it stung a little. I tried taking a picture with my phone in the bathroom, however my phone couldn't reach the quality necessary to see the mark. The spanking would come with about five minutes left of class.

After the offense, the whole class went into a sense of elongated hysteria. The uncomposed, overwhelming laughter that came amongst the students in the class was most likely because of the shock that just sunk in – the shock that anyone, much less a teacher, would go off and spank a student at random. After collecting myself from what just happened, I began to appear to laugh as well – not because I thought it was funny, but more so because of the emotions that had ran through me. I felt and still feel violated, embarrassed, bullied, ashamed, confused, intimidated, dehumanized, degraded, defeated, hazed, sexually harassed, assaulted, sexually violated, and the list goes on about the unacceptable, utterly inappropriate actions taken by John Silver.

The class would end with me just sitting in my desk in a state of shock, I then realized that I had to do something about this because I felt as if I could not function. I would go to attend my next class: Study Hall. I told my study hall teacher (Rudolph), that I was just violated by another teacher and had to go down to see the dean or someone high in the standings to discuss this matter with, so I was handed a pass to go down to the office.

Upon finding my way down to the office, I ran into one of my favorite teachers (Fey), whom I asked what I should do because of what had happened, and who I could talk to.

I'd then find myself in the office of Vice Principle Hamilton. I told him what had happened, and he took a report down, and sent me back to class. On my way back to class, something sank in my stomach and I felt as if I could not continue the day at school contained and collected, so I acted about it. I asked my study hall teacher (again), for a pass, this time to the nurses office as of reasons previously mentioned. I would then go down to the nurses office, to find myself in a neutral state, as the nurse didn't want to “open a can of worms”. She then called Hamilton and said asked if he had talked to the family. Since he hadn't, he took me down to his office so he could call my mother and tell her what's up and why I want to go home. Hamilton then called my mother, gave her the 411, and ask if she'd see us in his office, she accepted.

In the time between my mother being notified and her presence, I spoke with whom I believe was the Principal (Joyce). I began to explain to her my background and what had happened and what I felt (without saying too much as I'm shy), until we were interrupted by Hamilton and Silver, both in the office. Joyce would then leave the office and leave us three men in the room together.

When the three of us were alone, Hamilton immediately began sharing Silver's background with me, as did Silver himself. Silver also gave me a run-over of his teaching methods, his previous experience with his students and how much they liked him, and how he has used this example before and it's never been a problem like this.
My family and I have already alerted the school, the district, and the state. However we are pending on pursuing further action. Just looking for any input.

Thanks.
 


Bookworm88

Junior Member
I just joined this forum a few weeks ago to ask a question, so I can't say I have any expertice. I have had five kids in public school, so I can at least have an opinion. I think the swat was a completely unnecessary "teaching moment" and thus was improper physical contact by the teacher. The teacher should have immediately apologized when called to the office rather than try to explain how it had never been a problem before. In our day and age, if a teacher puts an arm around a student who looks depressed, that can be misunderstood by the student and be improper. Teachers have to be really really careful these days, and that teacher wasn't. HOWEVER, I really don't see the swat as something that would legitimately cause feelings of being "violated, embarrassed, bullied, ashamed, confused, intimidated, dehumanized, degraded, defeated, hazed, sexually harassed, assaulted, sexually violated," In what way was the student being bullied? How did it make the student confused? If the student was paying attention to the lesson, he would be able to see it was simply an unnecessary application of the principle being taught in class. How was the student dehumanized? Humans get swats all the time, so a swat isn't dehumanizing unless something else is involved. How was it a sexual violation? If he had held his hand there and squeezed, then I could see the rationale, but the whole list of feelings just seems over-reactive. Like I said, I think the teacher should apologize, but if he is going to have to apologize for a "sexual violation," then I really don't think the apology will come.
 

stealth2

Under the Radar Member
I have to say, if Josh were my son, I'd likely smack his other butt cheek and tell him to get over it. :rolleyes:
 

Find the Right Lawyer for Your Legal Issue!

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