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Teacher Given a Warning After Being Accused of Name-Calling at School

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  • 03-20-2015, 09:12 AM
    sbamp68
    Teacher Given a Warning After Being Accused of Name-Calling at School
    My question involves defamation in the state of: New York

    A student (who is white) in my class who uses the N-word, but tells me it is ok because he ends it with "a" instead of "er" reported me to the Assistant Principal. The student also is disruptive and has a history of causing trouble at my school. This is well documented by teacher anecdotals over the last three years. The Assistant Principal is aware of his history but still warned me with very negative word. I work at an "elite," famous school that has often is in the news, especially as of late.

    The Assistant Principal stated that the student claims I called him a block of granite and this was degrading to the student. I explained that I said that I had told him many times about using this word and about getting to class on time, taking his notebook out, etc. I said, "However, if you are not listening me, I might as well be talking to a goldfish or a granite counter top." The Assistant Principal told me that I could not speak to a student like that. I question why. How is this so offensive?

    I am disgusted and am interested in suing the student's parents because their child slandered me. The Assistant Principal told me that there is no slander and that I cannot do anything (as a union member). She told me that there are no damages. I said, "but there are. I am sitting here right now with you." The Assistant Principal claimed that she was "on my side" and does not want to investigate.

    I want to investigate because the next time a student says ABC about me, I will be in trouble. I want the parents to know that this is NOT ok.

    Thank you.
  • 03-20-2015, 09:21 AM
    cbg
    Re: Racist, Disruptive Student Reported Me to Assistant Principal
    Nothing you have posted meets the definition of slander or gives you grounds for a lawsuit against the student.

    Am I to assume that you are an employee of the school?
  • 03-20-2015, 09:43 AM
    free9man
    Re: Racist, Disruptive Student Reported Me to Assistant Principal
    Quote:

    Quoting sbamp68
    View Post
    I said, "However, if you are not listening me, I might as well be talking to a goldfish or a granite counter top."

    Sounds like you are the teacher? You should know that such things are no longer considered acceptable like they were in the old days.
  • 03-20-2015, 10:00 AM
    Mr. Knowitall
    Re: Teacher Given a Warning After Being Accused of Name-Calling at School
    Quote:

    Quoting sbamp68
    View Post
    The Assistant Principal stated that the student claims I called him a block of granite and this was degrading to the student. I explained that I said that I had told him many times about using this word and about getting to class on time, taking his notebook out, etc. I said, "However, if you are not listening me, I might as well be talking to a goldfish or a granite counter top." The Assistant Principal told me that I could not speak to a student like that.

    The student heard it or explained it differently than you did, or perhaps he explained exactly what you said and the Assistant Principle interpreted it as "call[ing] him a block of granite". The Assistant Principal heard and accepted your version. The Assistant Principal explained that your conduct was not acceptable, even under your version of events, and told you not to do it again. As the outcome was the same, without regard to which version was accepted as true, even if we were to assume for the sake of argument that the student's report was intentionally false you have no injury.
    Quote:

    Quoting sbamp68
    I question why. How is this so offensive?

    You are entitled to ask that question to the Assistant Principle. You are entitled to differ in your opinion. But you have been instructed by your employer to refrain from making that type of statement so, whether or not you agree, you put your job on the line if you ignore that instruction.
    Quote:

    Quoting sbamp68
    She told me that there are no damages.

    That is correct.
    Quote:

    Quoting sbamp68
    I said, "but there are. I am sitting here right now with you."

    As you would have been had the student reported you as saying, "I might as well be talking to a goldfish or a granite counter top", with the exact same outcome -- an instruction not to do it again.
    Quote:

    Quoting sbamp68
    I want to investigate because the next time a student says ABC about me, I will be in trouble.

    What do you believe that there is to investigate?

    If you decide to push the issue, you could cause the school to switch from the informal process they apparently used to give you a warning about how you speak to students to a formal disciplinary process. You indicate that you're in a union -- talk to your union rep.
  • 03-20-2015, 01:41 PM
    Disagreeable
    Re: Teacher Given a Warning After Being Accused of Name-Calling at School
    In fourth grade, my son had a teacher team one of whom had been my fourth grade teacher. He has absence seizures so life was not always fun in school when he was teased by other kids. Anyhow, one day he came home indignant, complaining one of the teachers had said he was a spoiled brat. I looked him straight in the eye and asked him if he was. He replied yes, but..... I interrupted him and said then she was correct and perhaps he should not act like that in class.
  • 03-20-2015, 05:24 PM
    sbamp68
    Re: Teacher Given a Warning After Being Accused of Name-Calling at School
    I believe that the school has not done its job in previously investigating this students' behavior. There a dozens of anecdotals on our school web-server about this student -some vague reference to "unacceptable language," others specific to classroom disruption. The student never was suspended.

    Now, after (rightfully?) getting angry with this language (using the N-word, which if I do not confront can get me in trouble), he has the nerve to report me to administration. Yes, I believe this is slanderous. Emotionally this has affected me. The school administration is reprimanding me. Where is their accountability and that of the student's parents?

    So, you say I have to case for anything. I can bring a suit against the parents though I likely will win nothing.
  • 03-20-2015, 05:25 PM
    cbg
    Re: Teacher Given a Warning After Being Accused of Name-Calling at School
    Under the legal definition of slander no, it is not.
  • 03-20-2015, 05:29 PM
    sbamp68
    Re: Teacher Given a Warning After Being Accused of Name-Calling at School
    When do a student's word become slanderous? When this leads to a teacher being fired or fully investigated?
  • 03-20-2015, 05:42 PM
    cbg
    Re: Teacher Given a Warning After Being Accused of Name-Calling at School
    Since what the student claims you said is, indeed essentially what you admit to saying, it is not false. Since it is not false, it is not slander no matter what action the school takes.
  • 03-20-2015, 05:51 PM
    adjusterjack
    Re: Teacher Given a Warning After Being Accused of Name-Calling at School
    Quote:

    Quoting sbamp68
    View Post
    I believe that the school has not done its job in previously investigating this students' behavior. There a dozens of anecdotals on our school web-server about this student -some vague reference to "unacceptable language," others specific to classroom disruption. The student never was suspended.

    Now, after (rightfully?) getting angry with this language (using the N-word, which if I do not confront can get me in trouble), he has the nerve to report me to administration. Yes, I believe this is slanderous. Emotionally this has affected me. The school administration is reprimanding me. Where is their accountability and that of the student's parents?

    Well, now you see the handwriting on the wall.

    Students are defended against teachers, not the other way around.

    The inmates are running the asylum.

    Accept it, do your job, don't make waves.

    Otherwise, quit and go elsewhere as it's obvious that this school isn't going to change.
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