If I am a teacher and was hit by a student in the face, what kind of action can I take legally?

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If I am a teacher and was hit by a student in the face, what kind of action can I take legally?

The student was suspended for 1.5 days. I’m nit overly pleased with that punishment.

Asked on May 17, 2012 under Personal Injury, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You could potentially report the attack to the police: assault and battery is a crime. Since the student is a juvenille, the authorities may or may not take action which you believe appropriate or fair--but you do have the right to report an attack.

If you suffered significant injury or incurred medical costs due to the attack, you could sue to recover monetary compensation--the student's parents are responsible for his or her intentional bad acts. However, the civil legal system only provides compensation for actual injuries or costs, so if you are basically unhurt, there is no point in suing.

If you are public school teacher, check your union/collective bargaining contract to see what rights you may have vis-a-vis your school in a case like this.


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