• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

teacher threatened by student

  • Thread starter Thread starter jones
  • Start date Start date

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

J

jones

Guest
I am a certified teacher working at an alternative school in a rural area of the state of Ohio. Two days ago, I was threatened with violence by a student. I do believe that this student is capable of carrying out the threat and have verbally informed my supervisor of this, yet she is reluctant to remove him from my classroom. At the moment, we are on a break. Classes will resume January 3, 2000. I am wondering if there are any legal remedies I can pursue should my supervisor decide to keep the student in my class.

The school I work at is a grant-funded alternative school program for students who have been expelled or put on long-term suspension from their home schools. The classroom is located in a private human services agency. Right now I am the only teacher. My class consists of five students ranging in age from 12-15, grades 6-9 (the one who threatened me is a 15-year-old ninth grader -- he outweighs me by roughly sixty pounds). I manage each student's entire curriculum.

At the moment, I am the only adult in the room (although there are adults working in offices in the same hallway), and I supervise the students from 8am to about 2.30pm. I eat lunch with the students, and because I can't leave them alone, I take no breaks, not even to get a drink of water or use the restroom. On most days, I get approximately 30 minutes of time away from the students during which they are supervised by another adult. Some days, however, I do not even get that.

Given the difficult nature of the students in my class and the current conditions under which I must be with them constantly, tense situations are not infrequent. The student who threatened me is slated to be in the program for two more weeks (starting 1/3/00), after which he will re-enter his home school. Under these conditions, I believe the possibility of my being physically attacked is distinct if this student is not removed.

Despite the adverse conditions right now, I actually enjoy most aspects of this job and do not wish to quit. But I am apprehensive about this situation. I believe the reason my supervisor is reluctant to take the student out of the program is because this is a pilot program administered by her for which she helped write the grant proposal. Should the student be removed, the reputation of her project may suffer. The private agency also collects a daily fee from the home school for each student present.

Again, my question is: are there any legal remedies I can pursue to keep this student out of my class? I do not feel safe when he is in the room. Is it possible for me to keep my job but refuse to teach while the student is in my class?

At present, I am not a member of the union. I am trying to remedy this, but I have been told that my current position may not allow me to join.

---jones
 


ALawyer

Senior Member
This is one that is not a legal problem, yet. I would be very forceful and demand the school do something. If it doesn't you might report the matter to the police (his treat is illegal) and also might be able to get a restraing order against the kid. But I'd go to the union right away and beg their help and practical advice.

------------------
This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com
 
A

Attorney_Replogle

Guest
I would advise you that you should immediately contact the local police and or the FBI. Remember Columbine and all the other schools. Your safety is number one, the employer's financial prosperity, fame and power is second. The reporting of this dangerous condition to local law enforcement is about your only legal rememdy now. OK?

------------------
Mark B. Replogle
 
J

jones

Guest
thank you both for your helpful and timely comments. i returned from the break last monday to find the student had been reassigned to a different part of our program. he's still in the building, and we interact on a limited basis. but i'm no longer responsible for him on a minute by minute basis, so the possibility of any further confrontation is limited. he will be out of the program entirely by the end of next week, at which point i will consider the matter closed.

as a result of this incident (and another involving the same student and a different teacher), we're instituting a policy of filing immediate charges against any student who leaves the premeses or makes any threats. i have also tried to contact the union but found it difficult to find anyone who can tell me how to join (yeah, i think i'm getting the runaround). i'm keeping an attorney's phone number handy and will have one with me when it comes time to renew my contract next year.

i do have one more question. under ohio state law, threatening a teacher is a felony offense. can anyone tell me if such a threat violates any federal statute? it seems to me there was talk after columbine of making certain violent offenses on school grounds actionable in a federal court. did that ever happen?

take care

---jones

------------------
 
A

Attorney_Replogle

Guest
I don't know if the federales have taken over the schools via such new Clinton era laws. If if they did, they would not likely be of any value to you. The reason is that you're not a federal employee nor do you personally accept any federal money for various state run programs. Your best remedy is the state laws.

------------------
Mark B. Replogle
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top