Assault & Battery Is a teacher legally allowed to throw something at a student?

[John Procto]

Jurisdiction

California

Today in class a teacher of mine threatened to throw an expo marker at one of my classmates. I have an acquaintance who told me that the teacher has physically thrown markers with force at students previously when they were talking out of turn or 'disrupting' the class. The teacher works at a private high school. Other teachers take away participation points from the student that is being disruptive. I was wondering if the teacher was legally allowed to throw or threaten to throw a marker at students. Thanks.

 

[Betty3]

It would be kind of immature for a teacher to throw an expo marker at a student. If one is thrown, the student could have his/her parent contact the principal. The teacher most likely would be "warned" not to do it again.

 

[adjusterjack]

I have an acquaintance who told me that the teacher has physically thrown markers with force at students previously when they were talking out of turn or 'disrupting' the class.

So?

They have blunt ends and weigh about 1/4 of an ounce (I just put mine on my postage scale and it barely registered).

They aren't going to hurt the whiney little babies.

Heck, I had a shop teacher in high school that used to throw a hammer across the room to get our attention. Guess what. It worked. He only had to do it once and nobody every got disruptive in his class.

Somewhere along the way disciplining kids fell out of favor and this country is worse off for it.

 

[Michael Wechsler]

Teachers can be fired for misconduct or unprofessional conduct (although some would say it's almost impossible to fire a teacher in a New York City public school for the aforementioned.) We're talking about a private school. Could the school fire the teacher? Perhaps. Do you have a lawsuit? As a law school example, perhaps you do. What are your damages? What is the monetary value of intent to cause emotional distress by threatening to throw a felt tip marker? There lies the answer to your question.

 

[ElleMD]

This would fall under any other child abuse or assault/battery laws. While it might technically be a violation, good luck getting such a minor incident prosecuted. It can be brought to the attention of the Principal, who might or might not act.

 

[Michael Wechsler]

And to make a distinction, I was talking about civil issues while @ElleMD was alluding also to criminal. While they may be technical violations the issue would probably fall under other rules and regulations established in the school rather than any legal method.

 

[army judge]

At my wife's school high school one of her teacher's took off a huge high heel, threw it at a kid, struck her on the temple, the kid started bleeding, paramedics responded, kid taken to hospital needed 8 stitches, cops called by parents, reports, investigations, teacher arrested, wife had to suspend the teacher, school board hearing, teacher got fired, teacher eventually got probation, lost her teaching certificate, school board issued an edict -ADULTS DON'T THROW ANY OBJECT AT ANY CHILD.

It's not wise to throw anything at anyone at anytime, especially if you're at your place of employment.

 

[Michael Wechsler]

Personally I'm with you @army judge . I don't think there is any reason why a teacher should make such a gesture. It's unprofessional and certainly unwarranted in a classroom.

 

[ElleMD]

Even taught? If you had, it is understandable. I'm not saying I'd do it or I agree with it, but I do understand it. Less a high heel and more a marker, but still.

 

[army judge]

Even taught? If you had, it is understandable. I'm not saying I'd do it or I agree with it, but I do understand it. Less a high heel and more a marker, but still.

Yes, I've taught.
I've also been a parent, and my children frustrated me.
I have never thrown any object in anger at a child.
My sons and daughters played catch with me.
If a person has anger management issues, he or she should seek counseling.

I've also been a student.
I've never thought of throwing any object at my teacher.

I've been in combat, and threw hand grenades, but only as required to keep myself alive.
Besides, that was war.

A classroom might at times seem like war zone, but it isn't.
Children should feel safe in a classroom at all times.
Bullying, especially cyber bullying is often discussed.
Throwing objects at your students is far worse than bullying, and should be punished when discovered.
No human being should become so frustrated or enraged, so much so he or she is driven to throw anything at another human being.
This applies more so to schools.
Is it considered proper parenting to throw objects at children when they misbehave?

 

[Highwayman]

I had a teacher (Mr. Schuman - I'm sure the SOL has expired, LOL) who used to sometimes gently throw erasers. No anger involved - just an attention getter. I remember for some reason in my elementary school, in sixth grade, chess was a big thing. Two kids were playing chess during class with one of those little magnetic chess sets. The teacher saw them and leaned back and grabbed an eraser off the bottom of the chalk board and lobbed it, hitting the chess board square on and scattering the little chess pieces everywhere. The kids never played chess in class again!

Mr. Schuman was also known to smack kids on the rear with a pointer stick if they misbehaved. Times have certainly changed.

 

[army judge]

I had a teacher (Mr. Schuman - I'm sure the SOL has expired, LOL) who used to sometimes gently throw erasers. No anger involved - just an attention getter. I remember for some reason in my elementary school, in sixth grade, chess was a big thing. Two kids were playing chess during class with one of those little magnetic chess sets. The teacher saw them and leaned back and grabbed an eraser off the bottom of the chalk board and lobbed it, hitting the chess board square on and scattering the little chess pieces everywhere. The kids never played chess in class again!

Mr. Schuman was also known to smack kids on the rear with a pointer stick if they misbehaved. Times have certainly changed.

You betcha, friend.
Schools used paddles, back in my early years, to "discipline" all of us little urchins, too.
In elementary school, our principal, Mrs. Fletcher used Old Hickory. She'd walk around school twirling the damn thing like Officer O'Malley did his nightstick.

The very sight of Old Hickory made kids hearts flutter, and legend has it some would "soil themselves" at the mention of Old Hickory's name.

No one ever received more than six "tappings", as Mrs. Fletcher liked to characterize her form of discipline.

Yeah, those wooden pointers and their rubber tips along with those wooden yardsticks were employed to keep the peace, and restore order. The ritualistic aspect of the process also seemed to add to the level of fear before discipline was hammered out.

My high school principal, Mr. Goodknight, called his the "thunderwood".

I never pushed the envelope because my dad warned us, whatever you receive at school, you're going to get double when you get home. That's all the motivation my dumb, little ass needed to stay out of trouble.

Yes, I've seen erasers being thrown, as well as other things. One particularly sadistic wood shop teacher would frighten kids with sawing off their "bad hand". The threat alone would calm the most delinquent kid in the room.

However, as I often remind my wife, that was the 20th century, this is the 21st, and a whole different millennium.

Times change, rules, too.
People, they only seem to get worse.

 

[Highwayman]

Yes, Judge, people get worse. I see more bad and disrespectful behavior among children now that even just ten years ago. I blame the parents but since this is getting off-topic I'll end my comments there.

 

[ElleMD]

Not to get too far off topic but managing classrooms today is vastly different than it was even 20 years ago. Not only are teachers dealing with students who are less respectful and from homes where you can't count on whatever currently passes for parents and guardians for support, but many systems and administrators have taken away virtually all forms of discipline a teacher might use. In my state it takes an act of God to suspend or expel a student. Can't give extra work as we can't have the kiddies equating schoolwork with something bad. Can't affect the grade because grades should reflect academic effort and nothing more. No lunch/recess detention because the little darlings still need that time to be social and get out their energy. Can't give after school detention because many kids have no way to get home if they miss their bus. Kids pick up on this stuff pretty quickly and if you don't think they wouldn't take full advantage, you are naïve.

 

[army judge]

Not to get too far off topic but managing classrooms today is vastly different than it was even 20 years ago. Not only are teachers dealing with students who are less respectful and from homes where you can't count on whatever currently passes for parents and guardians for support, but many systems and administrators have taken away virtually all forms of discipline a teacher might use.

Very true.
The OP hasn't returned, so I see our discussion as positive.
Nevertheless, if you've visited a school lately, even a college campus, one can quickly observe that teachers face challenges today their peers of our youth never encountered.