Teacher Assaulted a High School Student
My question involves a high school's responsibility in the assault of a student. My client was beaten by a teacher at his public high school. Student was immediately suspended for 1 week although his witnesses were not interviewed and he never touched the teacher. The teacher's written report 100% contradicts the video taped evidence of the incident. School leadership saw the video tape of the incident which clearly shows the teacher assualting the student but still chose to suspend student for 1 week. Teacher was suspended for 1 day and allowed to come back to work. I saw the video tape a week after the incident and the same day I looked at video teacher was fired. Begs to question whether teacher would still be working if a lawyer had not viewed the tape. All of the student's witnesses statements match what happened in the video -- yet the principal and vp would not interview student's witnesses. I also have witnesses who state that the vp tried to prevent other officials from reviewing the tape and relying only on the written report of the teacher (that 100% contradicted the video). Criminal charges have not been filed against the teacher yet but my client wants to hold the school responsible. Student's head was repeatedly slammed into lockers, walls, and doorknobs. The teacher is about 6 ft 4 close to 300lbs. Student is about 5 ft 4 and around 130lbs. VP even said to me that the teacher had to "physically restrain student because his SPACE was violated." When I looked in the employee handbook, under no circumstances is a teacher allowed to use corporal punishment or touch a student, even for a physical restraint. Student had red knots on his head but they have gone away. He has also had to see a therapist to help him get through this traumatic experience. We want to hold the school liable under vicarious liability. I would love to hear input on the case. Thanks.
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