Assault & Battery Teacher threw object and hit student in back of head

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mfhk

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In third grade at my child's school, a teacher threw something and hit a student in the back of the head (he is 8 years old) when she thought he was talking. The class first started to laugh but realized the student was crying. The student put his head down on his desk and was crying, but the teacher told the student to put his head up...so the student did, but he could not stop crying. The student turned around and ask why she did that...teacher did not respond.... all she siad was.."that did not hurt!" The child was embarrassed and does not want to go back to school and says his teacher hates him. The rest of the afternoon, the students would tell him..."I am sorry that you got hit"....Up until this year, the child has never been in trouble. His last years teacher always says that she misses him. That same morning the teacher hit him, he had gotten a guidance award for his good behavior. The 3rd grade aid was asked if the student that was hit,, has he ever misbehaved when she has been around...she said NO! He is an angel..... Did I mention he has a brother that she treated horrible several years ago, but she never touched him.....Is this against the law?
 
Um YES it's against the law. I'm going to assume this is your child. I don't know what action has been taken thus far, but what needs to happen first thing with something like this is a meeting with the principal that afternoon or the next morning at the latest. Secondly the police need to be involved. That is assult and battery, and done so by a person charged with the care of the child.

If the principal wants to just brush this off, then immediatly call the superentenant of the school district. This is not something to just brush off. This is something that you as the parent need to demand action NOW, including discilinary action against the teacher. I would in fact demand his/her termination, and if they don't do so, add a fourth step and contact the local TV news. You need to blow this thing up as big as it can get.

If this is not your child, but you know for a fact this happend, you still need to go talk to the pricipal and inform them that you want your child in another classroom, if that teacher is not removed from the school.
 
Talk to the principal, tell them you are going to file a civil complaint, and that the principal shall be one of the defendants.
 
You guessed it! PLEASE ADVISE! THANKS!

Thank you! You guessed it...this is my child... my 3rd one (youngest). All my kids have been an ideal student... by that I mean good grades, good behavior, past teachers love them, etc... I have been very involved in this school and have receive awards from our school system. I have served several times as PTO President and have always been on the PTO. I do so much for this school but it is what I love! I am room mother (have been for years)... and even to classes I do not even have a child in the class.... with all that said... she was like this to my middle child but not as bad.... down deep, I have always thought she didnt like me...I have never had to hire an attorney. I feel down deep it this is very, very wrong. My husband and I went yes, the next morning at 8.... he sent me a reply yesterday that made me madder.... it was like she was saying she was just playing.....and she didnt know it would embarrassed him....this was not a "play" thing or when she saw him crying she could have let him keep his head down...but NO she made him keep his head off the desk while crying for the whole class to see.... and then she yelled....that didnt hurt! She never tried to comfort him or say she was sorry, he is 8......................here is the letter...I have changed names!! PLEASE TELL ME WHAT YOU THINK!!!

Sara and Bill,
I just wanted to let you know that I spoke with Mrs. Teacher today
about the incident we talked about this morning. She was very
understanding and realized afterwards that Luke was embarrased. She
did speak with Luke later that day, I think during lunch. According
to Mrs. Teacher, Luke was still visibly upset and she told him she was
sorry for embarrasing him in class. It's possible that Luke was
upset enough that he did not hear the apology. She said in the past
she has tossed the frog jokingly to other students but did not
realize it bothered Luke. She assured me that it would not happen
again. She also said that next week she would have a conversation
with Luke to assure him that she does care about him. I mentioned to
her that it would probably be a good idea to speak with Luke
regularly for awhile to encourage him and help build back his
confidence in her. She agreed.
Me, Mrs. Hill, and the 3rd grade teachers had a great meeting
this afternoon. We spent about 2 hours discussing strategies for
Tuesday and the rest of the week. We plan on meeting regularly
during their planning time to review the current strategies and add
new ones. There are some challenging students in the 3rd grade and by
spending this extra time adding new strategies and interventions, all
of the 3rd grade students will be able to have a good experience.
Over the next couple of weeks you will see and hear about some
changes. Trust me that they will be positive changes and will
benefit everyone involved including the students, teachers,
principal, and parents. I am not promising drastic changes
immediately but am reassuring you that I am on it and it is a
priority.
Luke is a great kid. We spoke today about how I wanted him to enjoy
being at Creekside and to come talk with me anytime he needed to talk.
Don't think you and Bill wasted my time. I do get encouraged by
parents that care about their children's education. I deal with many
that do not. Let me know if you have any concerns and feel free to
call, email, or come by anytime. Thanks for everything the Smith
family does for our Creekside family.
Sincerely,
Mr. Principal

As you can see, or at least my feelings.....she is not sorry at ALL.... she blamed it as...she was joking.... but when he cried she did nothing!!! I am soooo upset over this! Please any help!!! My child hates school and thinks the teacher hates him! He does not want to go....this is so sad! He is a sweet child. Since the beggining of school he makes her stuff and takes it to her... even when she has been so mean to him...he is a child!!! PLEASE ADVISE!!!! She didnt say either... why she told me in passing...twice.... he would be repeating 2nd grade or he is her worst behavior problem in her class.... when she has kids that throw their deskd, hide from teacher outside and cuss in class....oh my goodness, my son would never do that!!! NEVER!!!

THANKS FOR TAKING TIME TO GIVE YOUR ADVICE!!!
 
Speaking only as a layperson on this matter, I think the child is a crybaby. Also, you make no reference to what item was thrown. Perhaps it was a piece of paper. Sounds as though any damage was mental. I can remember being picked up by the hair and slapped across the face in first grade. Not saying it's right in today's world or even then; however, i think your over reacting and that if this simple matter created a problem then the child already had underlying issues that needed to surface.
 
I'm curious ... just what was this "something" that the teacher threw at the child?

- Carl
 
Trust me, I have thought about this.... he is my tough kid... he never compalins about anything. I have NEVER complained about anything.... and I usually take the teachers side the few times my kids have ever gotten in trouble... because I feel if I talk about the teacher...they will have no respect for their teacher and the situation will snowball.... I do not want any of my children to act up.... my daughter is in highschool and she has only gotten onto by a teacher once and it was because she laughed at kids that were acting up.... my other in middle school has gotten in trouble for talk maybe 3 times for talking...which he then got in trouble at home for too.... this son has maybe gotten introuble his kindergarten year for talking... he got in trouble at home too...this has just been different... it is something ever day... he has always loved school up until a few weeks ago... he didnt even tell me at first, another parent did.... weeks have gone by and it has just gotten worse and then this two day ago.... this is the first time I have ever gone to a principal...or even a teacher on any matter. But I have heard she has thrown a dryerase maker several times at other kids.... she is lways in a bad mood and always mean to the kids....she is the top teacher that no one wants... I just dont know..... I do not want to take it any further... but she says she throws thing to kids all the time joking around..... 8 kids have said she has never thrown things in a joking way... she has always been very mad when she does....as a parent... what do I do? Like I said, I have spoken to everyone that is around him all day and I have not had a bad report..... what if I dont say anything and she hurts a kids???
 
She threw a stuffed animal frog with BIG plastic eyes.... the eye part hit him on the neck...it only hurt for just a very short time he said, but she "she really, really hurt my feelings".... this child is tough and never cries.... we know if he cries he is hurt. She just was mad and really hurt his feelings..... she did not cause a cut or bruise, etc... on him.... but she is evidentally known for throwing things... what if he had turned around and it hit him in the eye???.... when do you draw the line. All I know now is he thinks his teacher hates him and he doesnt want to go back....so sad...he is just 8!!
 
The "what if" angle won't cut it ... I mean, what IF he turned around, and ducked impaling himself on his pencil?

Given the circumstances, I doubt anyone will seriously consider a battery charge. Some intervention and/or discipline by the administration is probably warranted, however. I would make an appointment to come in and speak with the principal or the assistant principal to possibly consider moving him to another classroom if there is no other accommodation that can be reached.

- Carl
 
I dont want to see her with a battery charge, I just dont want it to happen again. But she has lied and said she was kidding around.... she was not! or she would not have let him sit there and cry... If she would just apologize...... and truthfully, she's not one to joke! Who knows...? Thanks....
 
I would still go to the principal and demand action. You just don't throw things at the kids because they are talking.
 
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