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Speak Up! - View Question #478 |
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Question: Can a teacher touch a minor without the minor's permission?
Answer: By law, teachers are authorized to use physical force to stop a student from harming himself, another person or property. The amount of force must be limited to what is needed to stop the risk of harm.
Corporal punishment (disciplinary spanking) is not allowed unless done in accordance with the polices of the school district. Most schools prohibit corporal punishment entirely. Except in these special situations, a teacher is expected to not touch a student without permission unless it occurs under circumstances
where the touching is clearly inadvertent or harmless.
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| Comments |
| 11 thru 15 of 15 comments |
On 03/10/04
cj from OH said:
Is it allowed for teachers to put there hands on you in a situation where a teachers haves no need to put the hands on a 6 grade student if it's anyone who want to comment that please do
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On 11/19/03
KC from AZ said:
Basically in your neice's situation, the teacher has the right to touch a student to protect another student from harm. The teacher was breaking up a fight. Granted hitting your neice with a closed-fist does seem extreme, but your neice was fighting on campus and gave up her rights when she started fighting.
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On 11/04/03
Christina from CA said:
My niece was recently involved in a fight at her high school wherein a teacher attempted to break up the fight by punching her with a closed fist. My niece struck him back in the chest. When they reported this incident to the school, they did not include this part on the incident report nor are they doing anything about it. The teacher is also going around saying that he is going to sue my 17 year old niece. What is the law on this type of situation? Can we file a complaint against the teacher for punching my niece and injuring her arm? It was my understanding that teachers were not allowe
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On 05/20/03
Gene from MD said:
I was a private School founder and director and teacher. After teaching for 13 years at my school, one parent, who adored me, asked for a dating relationship, I refused. I had three of her children in my school. To "get even" with me, she concocted a false statement about me, and it resulted in an administrative hearing, which subsequently I lost. Upon further review, however, an appeals judge reversed the Administrative Law Judge's verdict and I was exonerated. What legal protection might I obtain if I want to teach again? Anyone have a similar experience?
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On 01/10/03
R from SC said:
What about elementary school and all the free hugs the teachers and students pass out freely during the day? What about high-fives and pats on the back for good jobs? What about the the general good natured hand on the shoulder or pats on a hand. If you're a student, and you're mad at your teacher, DON'T ruin their career and reputation by saying "THEY TOUCHED ME" when the teacher did nothing other then extend a kind hand to YOU!! False claims like these really get under my skin and I'm sure other teachers feel the same way.
Now, on the other hand, if a teacher touches you "INAPPROPRIATELY" b
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