Student hits teacher- No Charges Pressed?

JennieRose8 · Jul 26, 2011

In my story, the female MC bloodied a teacher's nose (not the MC teacher) after he attempted to grab her breast. It was a reaction. My thinking in the beginning was that, because no one could say for sure what actually happened and because she was not normally a trouble-making student, no charges were pressed.

Is this possible? Even if the police were initially called by Administration, how could she escape being expelled or serving jail time?

Thanks in advance.

Jen

icerose · Jul 26, 2011

If he was sexually assaulting her and she punched him and ran, there is no way in hell that teacher would tell anyone about it. He risks his entire career not to mention charges and his reputation if he does.

JennieRose8 · Jul 26, 2011

icerose said:
If he was sexually assaulting her and she punched him and ran, there is no way in hell that teacher would tell anyone about it. He risks his entire career not to mention charges and his reputation if he does.

What if other students walked in right after it happened and found his bloodied nose? In my story, he says she was flirting and when he refused her, she punched him. She says he tried to grab her breast and just reacted. She doesn't press charges...and there are reasons for that, but that's another story.

emmyshimmy · Jul 26, 2011

It is the administrations discretion to press charges after an assault. If there was no proof of sexual harassment the kid would be branded a liar and have to go to court.

JennieRose8 · Jul 26, 2011

emmyshimmy said:
It is the administrations discretion to press charges after an assault. If there was no proof of sexual harassment the kid would be branded a liar and have to go to court.

Ok...there's no proof either way. That's usually the case-a kid's word against the adult's. So, I'd say that given her lack of a violent history and the teacher not willing to press charges ( neither do, so who's being honest? ) that administration might go easy on her. Possible?

Snick · Jul 26, 2011

With a he said - she said situation that could easily turn into a major sexual harassment case, the teacher would not press charges, and the school administration would also want to put a lid on it, especially if they thought that the teacher was guilty of sexual harassment. I can imagine the school department pushing for a case against the teacher to make it clear that such behavior was not acceptable.

On the other hand, teachers are generally taken as people of authority whose words are given more weight than the words of others. So, if the teacher claimed that he was the victim of assault, then he might be believed over the girl.

I think that either could work so do as you wish.

JennieRose8 · Jul 26, 2011

Snick said:
With a he said - she said situation that could easily turn into a major sexual harassment case, the teacher would not press charges, and the school administration would also want to put a lid on it, especially if they thought that the teacher was guilty of sexual harassment. I can imagine the school department pushing for a case against the teacher to make it clear that such behavior was not acceptable.

On the other hand, teachers are generally taken as people of authority whose words are given more weight than the words of others. So, if the teacher claimed that he was the victim of assault, then he might be believed over the girl.

I think that either could work so do as you wish.

The way I've written it, the principal tends to believe the teacher, but because the girl never caused any problems in the past, there is a part of him that isn't sure. As for the higher ups, maybe they tended to side with the principal, having doubt on both ends (especially because neither prosecutes- she did pull a joke on the teacher that made him think she was coming onto him. Regardless, he should have behaved) and deciding to just suspend the girl for a while and ask for the teacher's resignation? I originally had it where he resigned on his own, but I should probably have administration demand it.

Snick · Jul 26, 2011

JennieRose8 said:
The way I've written it, the principal tends to believe the teacher, but because the girl never caused any problems in the past, there is a part of him that isn't sure. As for the higher ups, maybe they tended to side with the principal, having doubt on both ends (especially because neither prosecutes- she did pull a joke on the teacher that made him think she was coming onto him. Regardless, he should have behaved) and deciding to just suspend the girl for a while and ask for the teacher's resignation? I originally had it where he resigned on his own, but I should probably have administration demand it.

Write it however it best fits the character and the rest of the story. I really can see it going any of several ways depending on how people regard the teacher and the student.

When I was in high school, back in the days when corporal punishment was legal) one student did slug a teacher, and he got detention for his trouble; he was not suspended, and there was no further action, except that other teachers were more careful about whom they decided to slug.

blackrose602 · Jul 26, 2011

When my mom was in grad school in the late 90s, one of her professors was accused of sexually harassing a student. No witnesses, no proof. He was a very popular prof with both the administration and students, and the woman that accused him was not exactly known for her honesty. Nonetheless, the school immediately asked for his resignation. He wasn't fired, and he was given a neutral reference. He actually ended up teaching at my grad school the next semester (I was working on my master's, Mom on her doctorate). Oddly enough, I took professional ethics from him lol. Super-nice guy, and I honestly don't think he did anything wrong.

Obviously everyone in this situation was an adult, and I'm not sure how the "zero tolerance" thing would play out in a high school. But from what I understand, asking for the resignation is pretty much an automatic thing in these cases, just because of appearances. I think you could go either way on the girl getting in trouble, legally or at school.

Al Stevens · Jul 26, 2011

A friend of mine used to be a high school teacher. An adult women, who had reason to be mad at him for something unrelated, claimed that when she his student, he groped her. She got a classmate, a disturbed woman who later recanted, to say he did the same to her. No proof. Just their word against his. Everyone believed him. He was fired. Could not teach again. Found a different line of work.

That's what happens in real life. A girl student claims sexual harassment by a male teacher, and the system takes her side even when they do not believe her.

I'm sure there are exceptions, but anything else would be unbelievable unless in your story the teacher can be exonerated beyond a shadow of a doubt.

Guardian · Jul 26, 2011

Two teachers at my school have been forced to resign when iffy situations like this came up. One was having sex with an eighteen-year-old, the other supposedly "stabbed" a student in the hand with a pair of scissors. The later teacher I liked a lot, but he was outspoken and I tend to believe that the student overreacted to being poked during a demonstration. Kids in my school like to try to get teachers fired, and they drag it out as long as possible.

Vaguely Piratical · Jul 26, 2011

Administrations, in my experience, don't take any chances when a student claims sexual harassment by a teacher. Especially if it is good student with no history of problems. Part of the reason is it is a lot better for the school (from the administration's point of view) to get rid of a teacher who did nothing wrong than to keep one that is sexually assaulting children.

All sorts of reasons for it, from protecting kids to protecting them self from future liability. It looks a lot worse for the administrator if the same teacher later molests another student and it comes out a student had previously accused that teacher of sexual harassment or molestation.

PinkAmy · Jul 27, 2011

JennieRose8 said:
In my story, the female MC bloodied a teacher's nose (not the MC teacher) after he attempted to grab her breast. It was a reaction. My thinking in the beginning was that, because no one could say for sure what actually happened and because she was not normally a trouble-making student, no charges were pressed. I do not think this is realistic. He's the one with the injury. There's evidence about what she did, not what he did. There would be an investigation about what the teacher did or didn't do. If he doesn't have a reputation, he'll likely be cleared and she'll be the only one prosecuted. The fact that she's not a troublemaker will probably save her from jail time, but she'd definitely not be allowed back to the school. Even if it's proven he grabbed her breast and it's self defense- she still wouldn't be allowed back in the school because of her violent reaction. It's all about the evidence

Is this possible? Even if the police were initially called by Administration, how could she escape being expelled or serving jail time?

ETA: The jock grew up to be the nicest guy you'd ever want to know. He's respectful of women. I doubt he even remembers the incident and I'm sure his behavior was because of sexual norms rather than any predatory propensity.
Thanks in advance.

Jen

If the breast grabbing teacher is your MC, I think that's a bad move if you want him to seem at all sympathetic or if you want people to root for him. Grabbing a breast is assault, plain and simple. It wasn't always considered assault, but fortunately attitudes have changed regarding equality between genders and the right to one's body not being violated.
In the 70s, when I was in high school one of the popular, jocks bumped into me walking down the hall and grabbed my breast. I told a friend and she said, "Maybe he likes you." WTF? But that was the attitude during those times. Acquaintance and date rape weren't even considered crimes. I'd hate to see your book, unless it was a period piece, treat assault and sexual impropriety between adults and minors frivolously.

ETA: The jock grew up to be a really nice guy, and very respectful of women. I'm sure his behavior was more about sexual norms than predatory instincts. I doubt he even remembers what he did. In the grand scheme of things, what he did to me doesn't even rate on the scale of bad things that happened, though if I had a better home life, it might have been traumatic.

JennieRose8 · Jul 27, 2011

PinkAmy said:
If the breast grabbing teacher is your MC, I think that's a bad move if you want him to seem at all sympathetic or if you want people to root for him. Grabbing a breast is assault, plain and simple. It wasn't always considered assault, but fortunately attitudes have changed regarding equality between genders and the right to one's body not being violated.
In the 70s, when I was in high school one of the popular, jocks bumped into me walking down the hall and grabbed my breast. I told a friend and she said, "Maybe he likes you." WTF? But that was the attitude during those times. Acquaintance and date rape weren't even considered crimes. I'd hate to see your book, unless it was a period piece, treat assault and sexual impropriety between adults and minors frivolously.

ETA: The jock grew up to be a really nice guy, and very respectful of women. I'm sure his behavior was more about sexual norms than predatory instincts. I doubt he even remembers what he did. In the grand scheme of things, what he did to me doesn't even rate on the scale of bad things that happened, though if I had a better home life, it might have been traumatic.

No, the MC isn't the teacher who assaulted. Sorry if I worded that in a confusing manner.

JennieRose8 · Jul 27, 2011

I'll probably just have to change the story a bit so as not to raise any brows, even though I think my scenario is plausible. I'll just say she started screaming at him and some students rushed in. Because of the allegations, he was asked to resign.

AFter the different stories I've heard and read, I do believe what I presented was possible. But it's best just to rewrite a bit.

Thanks, all!

ironmikezero · Jul 27, 2011

It's not always up to the parties (or the School Board) what happens if the police are called. If there is evidence of an assault - or sometimes an allegation made by a juvenile victim - there will be an arrest, possibly two.

Pragmatically speaking, the mere accusation of sexual assault - especially with a juvenile - is the kiss of death for a teaching career, notwithstanding dealing with the formality of criminal charges. The pedophile tag will attach, whether warranted or not - the local media would see to that.

FWIW, in most jurisdictions the juvenile would be arrested as well, based on your descriptions, and initially charged with assault & battery. The courts would ultimately sort out the criminal matters, and any subsequent civil litigation.

It would be naive to believe that no lawsuits would commence. The lack of witnesses, other than the two involved parties, presents the classic "he said - she said" scenario. Only the lawyers stand to profit.

PinkAmy · Jul 27, 2011

JennieRose8 said:
I'll probably just have to change the story a bit so as not to raise any brows, even though I think my scenario is plausible. I'll just say she started screaming at him and some students rushed in. Because of the allegations, he was asked to resign.

AFter the different stories I've heard and read, I do believe what I presented was possible. But it's best just to rewrite a bit.

Thanks, all!

Maybe if you had her push the teacher into shelves and have something fall on him giving him a noticeable bruise you'd have less of a slippery slope legally. Pushing can be more easily written off as an accident and if the bruise was indirect she could escape trouble.

JennieRose8 · Jul 27, 2011

ironmikezero said:
It would be naive to believe that no lawsuits would commence.

And yet it's happened, so go figure.

At any rate, I'm just changing it so that she didn't slug him. Thanks for your input!

JennieRose8 · Jul 27, 2011

PinkAmy said:
Maybe if you had her push the teacher into shelves and have something fall on him giving him a noticeable bruise you'd have less of a slippery slope legally. Pushing can be more easily written off as an accident and if the bruise was indirect she could escape trouble.

She might give him a shove that he fails to report, but some students would still walk in on her shouting at him. Rumors would start, and he'd resign.

OH- and she is the tough girl type who'd try to write it off on her own. In other words, she'd decide that if he touched her again, she'd deck him, but because she hates to show weakness, she wouldn't go crying about it to anyone. That's just the way she is, even if at heart she feels sick. So it works. Her shouting might not totally pinpoint the problem but rumors would fly anyway. The teacher would lie when confronted and because she refuses to talk, he's simply asked to resign.

PinkAmy · Jul 28, 2011

That would work perfectly.

JennieRose8 · Jul 28, 2011

Well, I made some changes, though not exactly as I stated above. Perhaps when I go to formally publish it, I'll be more extensive in my changes.

Bracken · Jul 28, 2011

emmyshimmy said:
It is the administrations discretion to press charges after an assault. If there was no proof of sexual harassment the kid would be branded a liar and have to go to court.

I doubt it. There is rarely "proof" of sexual harrassment; it doesn't leave physical evidence, and is not typically conducted in front of witnesses.
Nevertheless, when minors make allegations of sexual abuse against adults in authority, they are typically taken pretty seriously.
Even if there's a strong motivation for them to lie, the allegation simply can't just be ignored, while the adult in question continues to have access to other minors. It's a risk that society is unwilling to take.

Anyway, I agree with the others who said the teacher himself would try to cover it up. Even if other students walked in and saw him with a bloody nose, there's no way in hell he'd accuse the girl, because then she'd accuse him... and her allegation would be taken much more seriously.
It would not only destroy his career, but he could go to prison for years... and other prisoners don't tend to like child molesters too much.
Chances are, if the teacher does this to her, it's not the first time he's done it. Other complainants would come crawling out of the woodwork, if his actions ever came to light, adding credibility to the girl's claim.

JennieRose8 · Jul 28, 2011

The thing is, she was forced to explain why she decked him and he countered with an accusation of his own.

Bracken · Jul 29, 2011

JennieRose8 said:
The thing is, she was forced to explain why she decked him and he countered with an accusation of his own.

Even in this case, I can't realistically imagine any situation in which she would not be taken seriously, and in which the teacher would not be relieved of his teaching duties (not fired- the union would never allow that- but placed on paid leave or administrative duty which allowed no contact with students) while the investigation was ongoing.
When minors claim that adults have fondled them- especially adults in positions of authority, who have ongoing contact with other children- society removes those adults' access to other children pretty damned quick.

Becca_H · Jul 29, 2011

Not sure if this'll help, but I posted a similar question here that touches on your query:

http://www.absolutewrite.com/forums/showthread.php?t=213477

Student hits teacher- No Charges Pressed?

JennieRose8

icerose

Lost in School Work

JennieRose8

emmyshimmy

JennieRose8

Snick

JennieRose8

Snick

blackrose602

Al Stevens

Guardian

just the worst honestly

Vaguely Piratical

PinkAmy

New kid, be gentle!

JennieRose8

JennieRose8

ironmikezero

practical experience, FTW

PinkAmy

New kid, be gentle!

JennieRose8

JennieRose8

PinkAmy

New kid, be gentle!

JennieRose8

Bracken

JennieRose8

Bracken

Becca_H

Where am I again?