What to do if I am a teacher and have been assaulted twice by the same student on separate occasions?

UPDATED: Aug 27, 2012

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What to do if I am a teacher and have been assaulted twice by the same student on separate occasions?

I am a teacher and I have been assaulted twice by the same student on separate occasions. The first was this student slapping me in the face with a roll of papers and the other instance this student punched me in the back as I walked away. The discipline measures taken were 1.5 days of out of school suspension for the first instance and 1 day of out of school suspension for the second. The student is always returned to my class when they return from suspension. The student has discipline records that indicate violent tendencies that include throwing a pencil at me and threatening harm and even death of other students and staff members. Do I have any recourse?

Asked on August 27, 2012 under Employment Labor Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) If there's a union contract in force, check its terms to see what recourse it specifically gives you (if any).

2) You cannot sue your school/district to force them to remove the student--but if you are injured by him or her, then since the school has had ample warning of his/her violent tendencies, you would then likely be able to sue your employer for your medical costs, pain and suffering, etc. That's because having had warning of the risk, they are negligent to not take appropriate steps.

3) You could also sue the student's parents or legal guardians if you are injured.

4) You could contact the police and look to press charges. Assault is a crime.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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