Screaming in the ears

[lawandorder]

I am a permanent substitute teacher in a middle school setting. We house the BEST classes for grades 5,6, 7, and 8. I have frequently subbed in the 5th and 6th grade BEST class. On 11/18/2009, I was in the BEST classroom. Now, unfortunately, the teacher of this class does not discipline these kids in the way that most BEST classrooms are run. These kids run the classroom. While there, a 10 year old male student approached me at the desk. It appeared he wanted to ask a question, so I leaned toward him. He got right up to me left ear and screamed as loud as he could. He walked away from me, laughing. I asked him why he would do such a thing, and all I got was his laughter. His sister is also in this class. Later that day, she approached me at the desk. I never dreamed I would experience a similar event. She leaned down to me, and in my right ear, screamed as loud as she could. She laughed and walked away saying "Sorry, Mrs. Bailey." The only thing I could do was deduct "points" on their behaviour chart. Really, what a sub can and cannot do with these kids is always a gray area. I did not write them up as nothing ever comes from this. I did however, send an email to the vice principal about it, and have not heard from her yet.

My question is, could these incidents be considered assault or battery?

 

[Antigone*]

I am a permanent substitute teacher in a middle school setting. We house the BEST classes for grades 5,6, 7, and 8. I have frequently subbed in the 5th and 6th grade BEST class. On 11/18/2009, I was in the BEST classroom. Now, unfortunately, the teacher of this class does not discipline these kids in the way that most BEST classrooms are run. These kids run the classroom. While there, a 10 year old male student approached me at the desk. It appeared he wanted to ask a question, so I leaned toward him. He got right up to me left ear and screamed as loud as he could. He walked away from me, laughing. I asked him why he would do such a thing, and all I got was his laughter. His sister is also in this class. Later that day, she approached me at the desk. I never dreamed I would experience a similar event. She leaned down to me, and in my right ear, screamed as loud as she could. She laughed and walked away saying "Sorry, Mrs. Bailey." The only thing I could do was deduct "points" on their behaviour chart. Really, what a sub can and cannot do with these kids is always a gray area. I did not write them up as nothing ever comes from this. I did however, send an email to the vice principal about it, and have not heard from her yet.

My question is, could these incidents be considered assault or battery?

So you want to handle this through the local law enforcement, but you wouldn't involve the school administration or the children's parents? Don't you think this is a little backwards