A stabbing in my classroom!!

[minnesotakent]

What is the name of your state? Minnesota

I teach sixth grade math. Last week I had a "stabbing" in my classroom. The parents of the boy who did the stabbing are trying to nail me with a charge of lack of supervision in my classroom. The parents are claiming that their son acted in self-defense and that it is my fault this incident took place and that if I would have been watching better this wouldn't have happened.
Here is a copy of the incident report I submitted to the school administrators (who have been supportive of me). The boy that did the stabbing has been charged with 5th degree assault.
Since the parents of the student who did the stabbing are threating legal action, I would like any legal advice in this matter. Thank you.


"On April 14, 2004 I was at my desk helping two students (Ashley L. and Jena B.) with their math assignment. The rest of the class was working on their homework. I heard a student (Cathryn G.) say, “Josh is crying.” I looked over and Josh was sitting at his desk crying. I asked Josh what happened. Josh said that Jesse had stabbed him. I asked Josh to show me. Josh lifted his shirt up and I could see a pencil tip stuck under his skin in his lower chest area. I looked over at Jesse, he was sitting at his desk working on the assignment. I immediately called Jeanne B., the in-school-suspension supervisor, and asked her to come down to my room. I escorted Jesse and Josh into the hallway. I asked Jesse what happened. Jesse said that Josh had been trying to touch him and Jesse had held his arms up to get away from Josh and the pencil Jesse was holding ended up going through Josh’s shirt into Josh’s skin. Jeanne escorted the boys to the office. I wrote an incident report and gave it to Jeanne within 15 minutes of her taking custody of the boys.
I did not see or hear the incident take place. There was not any noise or any sort of disturbance that would have told me anything unusual was taking place.
The next day I asked the students if they had seen the incident. Five students claimed to have seen the incident. These five students are: Robert D., Cole. S., Cathryn G., James F., and Chelsea S.
There were thirteen students who said they did not see or hear anything until they heard Cathryn tell me that Josh was crying.
There were even two students that had no clue anything had happened in class."

 

[stealth2]

Dude.... I think you need to a job in a different district.

 

[minnesotakent]

The parents have requested a meeting with me later this week with their attorney present. The school district's lawyer will also be there. However, there will not be anyone at the meeting representing me.

I was in the classroom working with students when this occured and I had no reason to anticipate this happening. Even if they sue they would have a hard time proving their case.

However, I should probably cover my own rear end and not say anything at the meeting to make things worse. What legal advice or strategies do you have for me concerning the meeting?

 

[krispenstpeter]

Take a tape recorder, a note pad and copy everything that occurs. And if asked any questions simply reply "I need to consult my attorney before I am comfortable answering that question."

Sure, it will piss them off. But who the hell cares?

 

[stealth2]

How about asking your union to provide an attorney to represent you?

 

[mcedronron]

I am not sure what has happened on this case so far, but I think you should not be discusting it on here... it might bring legal implications. Whatever you have said so far could become part of your testomony.

Anyhow, your Teacher's Union, if there is one or the school system's attorney should be representing you.

You work for the school system and anything that happens in the daily course of your job they should represent you.

For the record, I am not an attorney.

 

[minnesotakent]

The school district's attorney is there to represent the school district, not necesarily the school district's employees, so anyone who would rely on the district's attorney who be a fool.

It looks like this event is going to go away without anything happening. I had contacted an attorney through the union and the attorney basically told me that the student's family didn't have much of a case and not to worry about the incident. He also had me write down all of the facts and when I went to the meeting I read what I had written and the meeting was over in less than 5 minutes because I refused to answer any more questions. That was over a month ago, and nothing has happened since then.

 

[Alexander1492]

I agree with mcedronron, you shouldn't be talking about this here...

Of course, I have a different reason for saying this. As a teacher, you are required by state and federal law to abide by student privacy laws, By naming any students, as you did, you violate these standards and should be reprimanded for such a blatant violation. I understand your need for legal advice, and seeking a lawyer isn't always easily available, so sites like this come in handy. Keep it 100% anonymous, don't name students involved, witnesses or anything of the nature. I'm sure if I felt like it I could find a newspaper article on the subject from your area apparently in MN and could put together a nice list of students and their actions in your classroom. You need to recognize and respect your students privacy rights, as juviniles, students and citizens. You failed your students in this area, although I certainly understand that you may not have been able to do anything about the incident that occured in your classroom. And specifically to that, seek a lawyer, a good lawyer and step cautiously, the schoolboard would quickly abandon you on a whim to save their own ass. Good luck.

 

[minnesotakent]

The names listed in the first post were not the students actual names. I didn't violate any student confidentiality laws because you don't know where this happened or anyone's names.

Student confidentiality is a tricky subject.

Let me give you an example: A parent calls a teacher and says that their child has been invited to spend an afternoon at a friend's house. The parent wants to know the teacher's opinion of the other student and their family. Legally, I am not supposed to say anything at all, but what should I do if I don't think it would be a good idea for the child to visit the other family?

Another example: The local newspaper covers the elementary school's track and field day. The newspaper reporter takes pictures to put in the newspaper. The reporter wants the names of the children in the picture. Should we tell him the names?

A final example: The local newspaper lists every student that makes the honor roll. A parent storms into the school office claiming the child's right to privacy was violated because their name was in the newspaper. Was their privacy violated?

 

[dequeendistress]

I am not supposed to say anything at all, but what should I do if I don't think it would be a good idea for the child to visit the other family?

A. You would be correct in not stating your opinion.

Should we tell him the names?

A.. This is a COMMON practice as well as the printing of honor roll students is COMMON.

I really think you are way off subject here, since this thread turned from a negligence issue to privacy.

 

[Alexander1492]

Off the topic, I agree.... however

The role of a teacher in the public education system is not to divulge information about any students whatsoever under any circumstances that is at all in any way, shape or form personal about a student. Whether it be to the police, newspaper, other parents, etc. Regardless of who the information is being passed along to, I feel it is the duty of a responsible teacher, a responsible intructor, to respect the students privacy on all accounts. If a newspaper asked you for the names of the students, tell the newspaper to ask the students themselves, if a parent asked you about the responsibility and family life of a student of yours, opt-out of making a statement to them, it is not their business to expect you to tell them about other students, especially their private home life. A good response is this "I'm sorry, I don't know enough about their situation to make a decision like that." Tell the parents that if their concerned in any way, they shouldn't let their child go anywhere their not 100% comfortable with. Thy should not let their child enter situations that could harm them in any way. However, it is not your duty nor right to divulge such information about your students, nor is it the right or duty of any teacher in the public education system. Teachers are not pro-bono private investigaters, they are teachers, meant to teach, to educate and to enlighten the students, not back stab them and betray the confidentiality that has been gaurenteed to them.

Sincerly and Responsibly,

- Justin Peters

 

[Alexander1492]

One other thing....

Confidentiality is not a tricky subject, it's rather simple. If someone betrayed your confidence, your belief in their silence, would that feel right to you? Obviously not. I leave you with that.

- JP

 

[stealth2]

You have a lot of learning left to do, Justin.

 

[dequeendistress]

Yes, Justin does.

Just try to withhold information from police during an investigation, for example.

 

[Alexander1492]

"alot of learning left to do"

I do have "alot of learning left to do" as do all of us on this earth. What I disagree with is that student privacy is a "tricky subject". It's not, teachers are not meant to act as private investigators, regardless of how much they "should". To speak of police investigations, I am aware that preventing an official investigation is a crime, however this issue was not a police investigation, or that was not noted in the posts, it was an issue between the teacher, parents, school and this medium. I ethically disagree with divulging information about one who comes to you naked of knowledge (student/s) and with an assumed confidence in your profession (teacher/s).

I would like to take this time to apologize to the original poster for wasting time in his/her post to defend my personal stands. My sincere apologies. As for my continued hope and advice for you, as I said earlier, step cautiously, I recognize this event that happened in your class was not your fault, you did not stab a student, and you were not negligent, there was simply nothing you could have forseen to prevent the incident. My hopes are with you through this process I'm sure you'll go through, jsut remember that every action you take/took from the original incident will represent how future employers (schools and such) will see you and your professinoal capabilities. Crush this incident as quickly and quietly as possible. Good luck, truly.

-JP