Character Assaulted after Physical Assault

[touchofgrey]

What is the name of your state?What is the name of your state? California
I am a teacher in a small independent school just south of San Francisco. Last fall, I missed a day of work without notifying the school ahead of time when I went to Oakland to take care of an acquaintance who was in danger based upon his drug use. (I used to work as a drug counselor). While I was taking care of the guy, my truck was stolen and I was not allowed to use the phone or leave the house because the people that lived there were worried I was going to bring the police to the house, which I would have. When I escaped, I did call the police, reported my truck stolen, but did not go into details about being held hostage. The head of school formally reprimanded me, docked my pay, and drug tested me. I successfully passed the drug testing and the incident was all but forgotten except for the letter in my personnel file. Two weeks ago, I went to Oakland to have dinner with an old college buddy and his family (I went to college in Berkeley). I stopped to buy some flowers before arriving at my friend's house and was mugged and assaulted. I spent the next week in the hospital and am now at home nursing a severely broken tibia with a cast up to my hip. A police report was filed and the incident is now being investigated. The realities are that it was a random act of violence and there's little chance that the guys who attacked me with a baseball bat will be found and caught. Back at school, there is a major shakeup going on with the resignation of the head of school. The president of the board of directors has taken over the school. When asked at a meeting of parents, teachers, and students when I would be returning to school, the president replied that until he could be assured that whatever trouble I had gotten into would not follow me to the school, I would not be returning to work. I have been suspended with pay until next fall under the condition that if there are no further incidents, I will be allowed to return to work. Putting aside the moral indignation and outrage I feel for the assault upon my character, did the president do anything illegal by saying what he did to the teachers, parents, and students? Thanks for listening; I look forward to your response.

 

[rmet4nzkx]

Why do you insist on starting thread after thread when we ask you questions about the facts and chronology? Sanitizing it won't help you deal with this situation. The fact is you were AWOL/MIA last fall and you failed to seek or report this recent assult, appropriately. By your own admission, the school administration has reason to suspect your recent story even though you have an injury, it doesn't come together. The school has a fiduciary duty to the best welfare of the children, that duty is greater or has more weight than their duty to employ you. They are paying you during your recovery, I suggest you use this time wisely. There is no slander.

I strongly suggested that your posts indicated some degree of congitive dysfunction, possibly from a head injury, but based on your history, which would also be considered in a neuropsychological assessment, possibly your executive functions were compromised as early as last fall when you demonstrated poor judgement. Please get a neuropsychological evaluation, your job and future are at risk. Apply for disability.

How long have you worked for the school?
How many employees?
How many hours have you worked in the past year?
What does your contract say about illness and attendence?
Do you have a union?
Have you requested in writing, ADA accommodations?
Please be more specific about this independent school, is it a Charter school? Private School? Church related school?

Why did you really wait 3 days to seek medical attention for a leg fracture, if you were really assulted?

 

[touchofgrey]

rmet4.....
I provided the facts and timeline in my "rambling" post over in the Wrongful Termination forum. As far as I am concerned. That is no longer the issue. I understand that the "school has a fiduciary responsibility to the welfare of the children". I'm not an idiot no matter what you may think about my present mental condition. My question is, regardless of the facts (which have already exonerated me in the eyes of the authorities who have investigated the incident), was it legal and/or proper for the President of the Board to tell teachers, students, and parents in a public forum that I was not at school because he was trying to protect the children and the from the kind of trouble that may follow me? Perhaps, as a doctor, you are not qualified to answer this question so why don't you step away from my obsession and let someone else field the question. Thanks.

 

[Veronica1228]

rmet4.....
I provided the facts and timeline in my "rambling" post over in the Wrongful Termination forum. As far as I am concerned. That is no longer the issue. I understand that the "school has a fiduciary responsibility to the welfare of the children". I'm not an idiot no matter what you may think about my present mental condition. My question is, regardless of the facts (which have already exonerated me in the eyes of the authorities who have investigated the incident), was it legal and/or proper for the President of the Board to tell teachers, students, and parents in a public forum that I was not at school because he was trying to protect the children and the from the kind of trouble that may follow me? Perhaps, as a doctor, you are not qualified to answer this question so why don't you step away from my obsession and let someone else field the question. Thanks.

You are a teacher, so try and see it from the President's point of view. It sounds like your attack was just random violence, but what if it wasn't? What if you were targeted for a reason? Surely, you can understand that in these post-Columbine times that it is always better to err on the side of caution. It sounds to me like the president was being honest and forthright about his genuine concerns.

 

[BelizeBreeze]

You have suffered no damages and the school is acting within the law.

 

[rmet4nzkx]

rmet4.....
I provided the facts and timeline in my "rambling" post over in the Wrongful Termination forum. As far as I am concerned. That is no longer the issue. I understand that the "school has a fiduciary responsibility to the welfare of the children". I'm not an idiot no matter what you may think about my present mental condition. My question is, regardless of the facts (which have already exonerated me in the eyes of the authorities who have investigated the incident), was it legal and/or proper for the President of the Board to tell teachers, students, and parents in a public forum that I was not at school because he was trying to protect the children and the from the kind of trouble that may follow me? Perhaps, as a doctor, you are not qualified to answer this question so why don't you step away from my obsession and let someone else field the question. Thanks.

It is because of my education, training and experience that I ask the questions I ask and make the observations I make, my expertise is to your advantage. You have a lot going on, and have a history of compormised judgement. This is not the only issue you are dealing with, you also have the issues of potential inheirtance and timing for filing your bankrupcy case and your potential for being letigious makes you high risk for any civil action you might take. You have to be forthright when presenting the facts of your case, because not only will your attorney question your motives, but the opposing parities will as well.

That aside, people with cognitive deficits usually are unaware of them and they don't show up on MRIs so you would be a fool to disregard my advice, because it will be a factor in any litigation and your future. I have sent out a PM asking several others to look at this, each with specific areas of relevant professional expertise.

 

[touchofgrey]

You are a teacher, so try and see it from the President's point of view. It sounds like your attack was just random violence, but what if it wasn't? What if you were targeted for a reason? Surely, you can understand that in these post-Columbine times that it is always better to err on the side of caution. It sounds to me like the president was being honest and forthright about his genuine concerns.

Thank you for your response Veronica. I do see it from the Prez's point of view. In fact, I have no trouble with the decision to suspend me until next fall. I also realize that, given the fact that the toothpaste is already out of the tube, the only way to repair my reputation in the eyes of those concerned is by showing up without incident from here on out. I'm perfectly at ease with this. However, and this is where I'm looking for some legal advice, can his public explanation for his actions be looked at as appropriate and legal or defamatory in the sense that it speaks to and affects my reputation. I'm not looking to sue anyone but I would hope to avoid having this become a permanent letter in my personnel file should I meet the conditions of my continued employment.

 

[Veronica1228]

Thank you for your response Veronica. I do see it from the Prez's point of view. In fact, I have no trouble with the decision to suspend me until next fall. I also realize that, given the fact that the toothpaste is already out of the tube, the only way to repair my reputation in the eyes of those concerned is by showing up without incident from here on out. I'm perfectly at ease with this. However, and this is where I'm looking for some legal advice, can his public explanation for his actions be looked at as appropriate and legal or defamatory in the sense that it speaks to and affects my reputation. I'm not looking to sue anyone but I would hope to avoid having this become a permanent letter in my personnel file should I meet the conditions of my continued employment.

See Breezy's response on post #5. He is a lawyer and that is his view on your case.

 

[touchofgrey]

It is because of my education, training and experience that I ask the questions I ask and make the observations I make, my expertise is to your advantage. You have a lot going on, and have a history of compormised judgement. This is not the only issue you are dealing with, you also have the issues of potential inheirtance and timing for filing your bankrupcy case and your potential for being letigious makes you high risk for any civil action you might take. You have to be forthright when presenting the facts of your case, because not only will your attorney question your motives, but the opposing parities will as well.

That aside, people with cognitive deficits usually are unaware of them and they don't show up on MRIs so you would be a fool to disregard my advice, because it will be a factor in any litigation and your future. I have sent out a PM asking several others to look at this, each with specific areas of relevant professional expertise.

rmet4nzkx
Sheesh, are you following me from forum to forum? Apparently you have as much time on your hands as I now do. At the risk of falling into the Shakespearean trap of "methinks thou doth protest too much" I will tell you that I am not letigious. I have never sued nor been sued by anyone in my life. It's been a bad year, yes, not only because of the incidents you know about but because of the recent death of my father. My financial difficulties stem from the fact that over three years ago, I ran up my credit cards paying for hospitalization and medical care for my father who was suffering from Parkinson's Disease. (He let his health insurance lapse and it took two years to get him qualified for Medicare). I do appreciate your concern for me if, in fact, it's genuine. (It's sometimes hard to tell over the internet). You told me before that you were unable to email me through this forum. I have tried to change my account to allow emails but I don't know if this happened. I'm getting a little bit gunshy about airing my dirty laundry all over this website even though most people have been very respectful. So, if you really are concerned about me and my mental condition, perhaps you could try emailing me again. I recognize that sometimes it's hard for someone who's trapped in the forest to find the way out on their own. Thanks.

 

[rmet4nzkx]

rmet4nzkx
Sheesh, are you following me from forum to forum? Apparently you have as much time on your hands as I now do. At the risk of falling into the Shakespearean trap of "methinks thou doth protest too much" I will tell you that I am not letigious. I have never sued nor been sued by anyone in my life. It's been a bad year, yes, not only because of the incidents you know about but because of the recent death of my father. My financial difficulties stem from the fact that over three years ago, I ran up my credit cards paying for hospitalization and medical care for my father who was suffering from Parkinson's Disease. (He let his health insurance lapse and it took two years to get him qualified for Medicare). I do appreciate your concern for me if, in fact, it's genuine. (It's sometimes hard to tell over the internet). You told me before that you were unable to email me through this forum. I have tried to change my account to allow emails but I don't know if this happened. I'm getting a little bit gunshy about airing my dirty laundry all over this website even though most people have been very respectful. So, if you really are concerned about me and my mental condition, perhaps you could try emailing me again. I recognize that sometimes it's hard for someone who's trapped in the forest to find the way out on their own. Thanks.

No, you have not enabled the PM function here.

NO, I am not stalking you on this forum, Your new thread came up and I recognized your moniker and remembered your situation. You are playing a game that many play here when they don't get the advice they seek, even though the advice is appropriate. I am taking into consideration that you may have cognitive impairments as a mitigating factor. I have taken considerable time responding to your posts, only to have you act very defensivly instead of simply answering simple questions or provide facts with which any of many professionals here might be able to help you with your overall situation. If you continue on the path you have chosen you are very likely to find yourself unemployed and with no recourse. It is far more complex than merely having good work attendance if and or when you return to work. The school administration obviously knows more about their reasons for their actions than you are admitting here, we can't advise you of your options if you withhold vital relevant facts.

Quite frankly, just knowing what I know from what you have posted here, I would have serious reservations about your fitness for teaching anytime in the future. If you fail to use this time on paid administrative leave to seek appropriate neuropsychological assessment and possible treatment or rehabilitation I suspect that your job won't be waiting in the fall. I suggest that you keep your eyes open to see if they are recruiting to fill your position. If you have a teaching credential, I suggest you start looking for a different position come fall. Another option is to contact the department of rehabilitation.