Accused of Grabbing Student

[starrynight72]

California. Yesterday, I had a student in class who was not responding to questions, blasting music in his headphones, and sleeping in class. I knew he had a history of headaches and I tapped him on the elbow to check and see if he needed me to call the nurse, but he never responded. At the end of class he finally looked back up and I went over to check in again. If he was indeed ill, I had to make sure I documented it. He continued to ignore me with headphones in. As he got up to leave, another student reached around that student to hand me their work. As I went to accept the work, I accidentally grabbed the possibly ill students sleeve. He jerked back and yelled at me not to touch him. I tried to follow him to explain the situation, but he left class immediately.

Now I'm hearing that the student claims I grabbed him forcefully and I may have to have an investigation. I've already reached out to my union and documented everything. But how else can I protect myself from this accident turning into something far worse?

 

[CdwJava]

I'm not entirely sure how you might have "grabbed" the student's sleeve while accepting work from another student, but ...

First off, don't believe everything you hear. Unless your Principal or the Asst. Principal (or other administrator) told you that you are being investigated, it may be too early to panic.

Second, while reaching out to the union is a good idea so that you might have representation lined up should they call you in for an interview, what you told them is not really proof of anything. Hopefully you have the name of the student who passed the homework to you since he is a witness, and the names of any other students still in the classroom at the time.

Third, if the police come calling because the kid is accusing you of battery, you might want to decline an interview and then seek legal representation (which may or may not be provided by your union).

If this student has had problems in the past or is disruptive or otherwise a ne'er-do-well, chances are he has a history of such things and his credibility will be low. Likewise, YOUR reputation and history can play a part in things. Understand that if he did complain to the administration, it is likely that they will have to conduct some form of investigation. If they do, be sure you have representation from your union (preferably an attorney) since the stakes can be quite high. And, if you are not yet tenured, depending on the details, you could more easily be let go if they think there might be any credibility to the claims.

Bottom line is, do not panic until there's something to panic about. If there is an investigation, work with your union and have representation before you speak to anyone. Keep in mind that even if you decline to speak with the police, anything you tell your administration CAN be used against you in any legal proceeding.

 

[starrynight72]

I'm not entirely sure how you might have "grabbed" the student's sleeve while accepting work from another student, but ...

First off, don't believe everything you hear. Unless your Principal or the Asst. Principal (or other administrator) told you that you are being investigated, it may be too early to panic.

Second, while reaching out to the union is a good idea so that you might have representation lined up should they call you in for an interview, what you told them is not really proof of anything. Hopefully you have the name of the student who passed the homework to you since he is a witness, and the names of any other students still in the classroom at the time.

Third, if the police come calling because the kid is accusing you of battery, you might want to decline an interview and then seek legal representation (which may or may not be provided by your union).

If this student has had problems in the past or is disruptive or otherwise a ne'er-do-well, chances are he has a history of such things and his credibility will be low. Likewise, YOUR reputation and history can play a part in things. Understand that if he did complain to the administration, it is likely that they will have to conduct some form of investigation. If they do, be sure you have representation from your union (preferably an attorney) since the stakes can be quite high. And, if you are not yet tenured, depending on the details, you could more easily be let go if they think there might be any credibility to the claims.

Bottom line is, do not panic until there's something to panic about. If there is an investigation, work with your union and have representation before you speak to anyone. Keep in mind that even if you decline to speak with the police, anything you tell your administration CAN be used against you in any legal proceeding.

Thanks for the advice.

I should clarify with the 'sleeve grab' that the student handing me the work was handing it around the ill students shoulder. The ill student suddenly backed up while I was grabbing the paper and some of the very loose fabric of his sweatshirt ended up in my hand as I accepted the paper. The two students were in very close proximity to each other, so I can understand the ill students interpretation of the event even if that was not my intention at all.

Unfortunately, I am not yet tenured, so I am a little worried how this will look. But I have five years of long term substitute teaching with excellent reports from the district as well as a year and a half of great performance evaluations. I'll talk to the student I got work from tomorrow.

 

[ajkroy]

As a veteran high school teacher, I never touch my students beyond a high-five or bumping knuckles. Ever. Even kids that I work with for three years and get into their dream college get a high-five. Every one of my kids knows that they can get a hug from me when they graduate.

If this situation goes your way, you might want to consider adopting a similar policy.

 

[stealth2]

I'll talk to the student I got work from tomorrow.

I wouldn't. Leave that to other staff/admin/union reps if it comes to it.

 

[starrynight72]

I wouldn't. Leave that to other staff/admin/union reps if it comes to it.

Sounds fair. I'll leave it be unless it turns into more. It honestly sounds like the student is just going to be moved from my class. I wrote down everything that happened while it was fresh in my mind, just to be on the safe side.

 

[xylene]

Kid sounds like he was on opiates (noddy, ill-seeming, hyper-reactive)

 

[starrynight72]

Kid sounds like he was on opiates (noddy, ill-seeming, hyper-reactive)

That's one of my fears as well. He does hang out with that kind of crowd. This student had never been hyper-reactive in the past. He was mostly non-plussed by things. Now, if anyone even bumps into him, he starts screaming at people. I do want to get him help (or at least counseling), but I know now I'll have to stay far away from him until this blows over. For now, I'll just document all student behavior from a distance.

 

[not2cleverRed]

That's one of my fears as well. He does hang out with that kind of crowd. This student had never been hyper-reactive in the past. He was mostly non-plussed by things. Now, if anyone even bumps into him, he starts screaming at people. I do want to get him help (or at least counseling), but I know now I'll have to stay far away from him until this blows over. For now, I'll just document all student behavior from a distance.

The best way for you to help him is indirectly.

Let the social worker, asst principal, whoever handles these sort of things at your school, know your concerns.

You might also ask school security when it would be appropriate for them to be called - is the screaming enough, or does there have to be obvious danger to himself or others?

 

[starrynight72]

The best way for you to help him is indirectly.

Let the social worker, asst principal, whoever handles these sort of things at your school, know your concerns.

You might also ask school security when it would be appropriate for them to be called - is the screaming enough, or does there have to be obvious danger to himself or others?

Because we are spread so thin for campus security, they have asked us not to call for them unless physical danger is presented or feared to occur. He has screamed, but not stood up or gestured like he was going to hurt himself or anyone else. I just document everything as it happens. If they look at a report and are worried, they will call the student up to guidance.