NCJ Number
162443
Journal
ABA Journal Volume: 82 Dated: (April 1996) Pages: 22-23
Date Published
1996
Length
2 pages
Annotation
This article examines the trend toward and the effectiveness of teachers bringing civil suits against students who harass them emotionally or physically attack them.
Abstract
Frances Cook, a high school Spanish teacher, brought a civil suit against a student who persistently used foul language, talked of killing and of slapping women around, drew violent pictures in his workbook, displayed outbursts of temper, and constantly threatened her with violence. Even after leaving her class, he wrote a letter to the students in her class to try and intimidate them into continuing his pattern of disruption. The ineffectiveness of school disciplinary procedures caused her to follow the advice of an attorney friend who recommended bringing a civil suit that alleged activity designed to cause emotional distress. In August 1995, after a 4-day trial, a jury found for Cook and awarded her $8,700 in compensatory damages and $25,000 in punitive damages; the case is on appeal. Cook's suit is one of a handful of similar civil actions that seek to hold students legally responsible for their conduct. Although many observers believe such lawsuits will remain rare and are of limited value, others say these actions are increasing and have a deterrent effect. At a minimum, they focus attention on the problem of school violence. Certainly there is cause for concern about the way teachers are treated by students. Teachers are assaulted at alarming rates. Teachers unions are also considering other ways to get tough with troublesome students. The American Federation of Teachers is conducting a campaign for adoption of strong school disciplinary codes that would be strictly enforced. Other measures being pushed by various teacher and school safety organizations include "zero tolerance" laws that mandate immediate suspension or expulsion for violent behavior and laws that would make assaults on school personnel a felony.