Teacher Bullying: What You Can Do When a Teacher Assaults Your Child

If you have a question or concern about special education law, school administration, federal standards, or the overall rights of a student, please feel free to call the expert education law attorneys at Maya Murphy, P.C. in Westport today at (203) 221-3100 .

If your child has been hurt by a teacher, the law is on your side. Many states, including Connecticut, have prohibited the use of corporal punishment in schools, and have narrowly limited the circumstances where a teacher may use reasonable force against a student in emergency situations. Moreover, most school policy handbooks clearly state that corporal punishment is prohibited. If your child has been physically harmed by his or her teacher, there are a number of actions that you may take: a) report the incident to DCF; b) report the incident to law enforcement; c) sue the teacher; and d) sue the school district.

If a teacher intentionally harmed your child while he or she was in the teacher’s control and custody, the teacher may be adjudicated in family for child abuse and/or neglect. If you decide to report the incident to DCF, caseworkers will conduct an investigation and make a determination whether or not the allegations against the teacher are substantiated (supported by evidence). During the course of DCF’s investigation, a caseworker will likely speak with your child about the incident, as well as any witnesses to the incident. If DCF determines that the allegations are substantiated, a prosecutor will initiate a child protective proceeding against the teacher in juvenile court. If the court makes a finding of abuse or neglect, the teacher may be precluded from continuing her employment at the school, among other consequences.

You may also report the incident to your local police. Under Connecticut law, it is a misdemeanor crime to intentionally cause physical injury, and physical injury includes any impairment of physical condition or pain. If the teacher is convicted of misdemeanor assault, he or she may face up to one year in prison and up to $2000 in fines. Additionally, the teacher may be ordered to pay your child restitution, which is monetary compensation for the harm caused by her assault.

If you decide to sue the teacher, you may pursue civil claims for battery, negligent infliction of emotional distress, and/or intentional infliction of emotional distress. Although teachers, as municipal employees, have immunity from lawsuits for discretionary actions taken within the scope of their authority, they can be held liable for wanton, willful, or malicious conduct. If your lawsuit is successful, a court may order that the teacher pay monetary compensation for the unlawful conduct. You may also be able to obtain non-monetary relief, such as a restraining order against the teacher on behalf of your child.

The teacher may also be liable for the emotional distress that was caused by his or her unlawful conduct. In Connecticut, to prove negligent infliction of emotional distress, you must prove that: a) the teacher’s conduct created an unreasonable risk of causing your child emotional distress; b) the emotional distress was foreseeable; 3) the emotional distress was severe enough that it might result in illness or bodily harm; and 4) the teacher’s conduct caused your child’s distress. Meanwhile, to prove intentional infliction of emotional distress, you must prove that the teacher engaged in “extreme and outrageous” conduct that intentionally or recklessly caused severe emotional distress to your child. If successful, you may be awarded monetary damages for your child’s pain and suffering, including any treatment costs.

You may also pursue a lawsuit against the school district. Although school districts in Connecticut are immune from liability for a teacher’s criminal conduct or willful misconduct, they may be found liable for negligently hiring, keeping, and/or supervising a teacher. As part of their duty to protect students, schools have an obligation to take care when hiring teachers and other employees, or assigning current employees to supervise or teach students. Schools must take reasonable steps to ensure that teachers are qualified and do not pose a risk for students.

If your child has been harmed by a teacher, contact the experienced education law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge your child needs at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.