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  1. #1
    Join Date
    Mar 2016
    Posts
    2

    Default Teacher Was Verbally Abusive to a Child

    My question involves education law in the State of: Louisiana
    I copied and pasted my report to the school principal below the description of how the teacher treated my child, told lies to other teachers and faculty about him. I don't think the cause is relevant but you have all the info just in case. I changed the names for this post, tried to make it easy to follow.
    -- My question -- I want to punish this teacher to the greatest extent. What can I do, what do I need to prove, can I hurt her financially?

    11. Below is a transcript of exactly what happened that Friday and the following Monday and Tuesday recounted by 9 year old (the victim).
    a. I was in the hall before the first bell rang and Ms Fluffy came up to me and said, "Victim, come with me." and brought me to my classroom . Just before I walked into Ms Boobies room she was sitting at her desk and yelled, "Get him out of here, I don't even want to look at him!"
    b. So I sat outside my classroom and started to cry. Then Ms Boobie called the whole class in and when I sat in my seat she told me to go outside.
    c. Ms. Boobie: "I gave (the rabbit) to you so you could protect him and you just let him run away. She was screaming at me so much, asked me something about laughing about the rabbit being gone. I said, "No ma'am." Then she kept screaming at me, "you are a liar, you are lying" (repeatedly). "you let MY rabbit get away and now he is DEAD in the woods somewhere" (repeatedly). "I'm going to go to your house and take your fish away"
    d. I was crying and don't remember everything she yelled because I was so scared and kept thinking I am in so much trouble.
    e. She brought me back into the classroom and said in front of all the students, "He's probably dead in the woods somewhere." I felt really sad like I did something wrong, I cried for a long time, I was embarrassed. My friends in class asked me what happened to the raqbbit.
    f. Ms. Boobie started class but after a few minutes she said, "Victim doesn't care, he just doesn't care. Victim go sit in Ms. Fluffy's room, I'm so disgusted I can't look at you."
    g. I sat in Ms. Fluffy's room and heard Ms. Fluffy tell (a 3rd teacher) "You see who I have in my room? The person responsible for losing Ms. Boobies rabbit." this was in her classroom with her students while they were taking a test.
    h. After about 15 minutes I went back to Ms. Boobies room, I was scared. I took a test, then a substitute got there and Ms. Boobie said, "No one talk about what happened this morning."
    i. Victim was terrified, crying, embarrassed and confused.
    12. The same day his brother was interrogated about the rabbit.
    a. A 4th faculty member pulled Victim's brother from his 5th grade class to ask him what happened with the rabbit but no one asked if Ms. Boobie gave us the rabbit.
    b. Ms. Boobie told many staff members including but not limited to (2 ladies) in the office, and 5 teachers that we let the rabbit get away and let it die and they are under the impression that we maliciously concealed information. She did not tell them that she gave us the rabbit 4 months ago and never asked about it again.
    13. During these 3 school days, and the weekend I received nothing in writing from the teacher or school about the rabbit or the incident. I did, however, receive a borage of insulting, irrational text messages Friday from Ms. Boobie before I ever spoke to my son Victim. Before I knew the torture, harassment, bullying and embarrassment Ms. Boobie and Ms. Fluffy subjected my son to in a place he is supposed to feel safe and encouraged. Both women acted inappropriately with no respect for my child or their own professionalism. They abused their authority, spread rumors about my kids and me without allowing me to be there to protect him, speak for him and defend ourselves.


    It is irrelevant that Ms. Boobie asked us to keep the rabbit, although, it is disturbing that she forgot for 4 months. Regardless what she was accusing my 9 year old son of doing, her abuse towards him and her behavior amongst her coworkers and other students is reprehensible.

    (time line for curious minds)

    1. 1st week of August 2015 - Meet and Greet for 4th grade teachers, parents and students.
    a. Ms. B explained to the parents and students that each weekend a different student would have the responsibility of caring for the class pet (a rabbit) at their houses.
    b. Ms. B also asked if anyone wanted to adopt the rabbit permanently stating that her husband was allergic to the rabbit so she was not able to take it home.

    2. Nov 6, 2015 - victims turn to take the rabbit home for the weekend.
    a. I picked the rabbit and all it's belonging up from the school office. Again, Ms. B gave victim the option to keep the rabbit.

    3. Nov 20, 2015 - I received a text message from Ms. B
    a. Ms. B asked if we would take the rabbit home for Thanksgiving break as she had forgotten to make arrangements and couldn't take him home because of her husbands allergies.
    b. Ms. B again suggested that we permanently take possession of the rabbit. I told her we would love to have the rabbit and we would use the Thanksgiving break to see if he was a good fit for our family.
    4. Dec 4, 2015 - I received a text message from Ms. B again.
    a. Ms. B stated that she again forgot to make arrangements for the rabbit that weekend so I agreed to take the rabbit and also committed to caring for the rabbit during the Christmas break.
    b. I also communicated to Ms. B thru a text reply that we were strongly considering adopting the rabbit.
    5. Dec 7, 2015
    a. I communicated via text message and a handwritten note sent with Victim that we decided to keep the rabbit permanently.
    6. Dec 9, 2015
    a. Ms. B sent the remaining supplies for the rabbit home with Victim.
    7. The school week prior to Christmas break
    a. Ms. B was on morning car loop duty. As I dropped Victim off at school she opened the car door and greeted us enthusiastically saying, "So you decided to keep Beau? I will miss him but he will be much happier with y'all."
    b. I told her, "yes, we love him, I can bring him to visit the class anytime you want."
    8. Ms. B never asked about the rabbit again.
    9. End of January
    a. Our rabbit escaped
    b. Victim was very upset, cried on a couple occasions on different days, asked to put out signs
    c. I told him that the rabbit was so tame that someone surely picked him up.
    10. March 18th, 2016 at school
    a. A student who was helping Ms. B that morning before school her Victim lost the rabbit.
    b. Ms. B accosted Victim in front of peers screaming:

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Teacher Verbally Abusive to 9 Year Old, Also Slander or Defamation

    First, you have to exhaust whatever internal procedures are in place. From the sound of it, you have only your son's account of events. It may be best to wait and see how things pan out with the school administration. Even then, you likely have no legal standing to know what - if any - punishment, counseling, or other actions may have been imposed upon the teacher for whatever this was about.

    If you do not agree with the administration's findings, you can speak with the superintendent or the school board. If you still don't like it, you can talk to an attorney, but keep in mind that lawsuits are about money and generally require some form of damages. Often they cost money to roll the dice for money, so you will want to consult some attorneys to see how strong a case you might have, or if you even have a case that can go anywhere. Understand that there may be elements of this tale that are not as they have been related to you and you may not want them aired in public ... keep in mind that a legal action is all part of the public record.

    If it were me, I'd pitch a bitch and then move my kid if I felt they were not being treated properly in the school. But, I don't have money for lawsuits and do not have a vindictive nature.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3
    Join Date
    Mar 2016
    Posts
    2

    Default Re: Teacher Verbally Abusive to 9 Year Old, Also Slander or Defamation

    Sergeant, thank you for your service and your response.
    I have walked through the incident several times with my son, making sure he knows he is not in trouble and the way she spoke to him is not acceptable.
    I have nasty text messages from her and I can get statements from a couple of his classmates. I used to work there so I can request the administration to get comments from staff. This wasn't a private lashing, this teacher is loud. The vice principal is working with me now. Each day my son remembers more. He didn't volunteer this information to me, and I know it is a near perfect account.
    We are not friends outside of school so all our interactions have been at school in the presence of others aside from her aggressive, delusional texts which are proof in themselves. Only today I felt this angry that I want to punch her in her face for saying those disgusting things to my poor impressionable son.
    I am not a vindictive person either nor an angry person but thinking of the terror my son felt when this 50 year old authority figure screamed murderer in his 9 year old face.... ugh... i can't put into words how that makes me feel. He is nice, friendly, all boy, makes A/B honor roll and I've only gotten one note home about behavior.
    I want her to feel what he felt. Aside from education law, can't i sue for slander and defamation on either of our behalf? Emotional and psychological abuse? My kids and I have been at that school since 2008. it has already started ruining my relationships at school.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Teacher Verbally Abusive to 9 Year Old, Also Slander or Defamation

    Lawsuits can be expensive affairs and are hardly a sure thing. Defamation o fa young child is likely to hold less weight than it might for an adult with a career and professional relationships at stake (i.e. that the defamation costs them money as a result of damage to reputation and the like). While the law may appear easy enough when it comes to what must be proven, keep in mind that if it were truly so easy then there would be lawyers all over the place ready to take on cases from social media, forums, and all manner of public meeting where people are called names and denigrated often.

    Laws vary by state as to what must be proven, so it would be best that you speak with an attorney in your area to see if it is even possible or financially realistic. Since the district would likely indemnify the teacher, making HER suffer is not all that likely.

    Realistically, moving up the food chain in the district may be about all you can hope for. But, it's up to you ... I wouldn't want to keep the whole thing alive for the next few years and pay attorney's fees, but that's me. I'd minimize the conflict and move on. Broker a "cease fire" with the administration, move your kid to another class or school, and see if things can reset to some degree. Maybe.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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