 |
|
 |
Email this page
Printer Friendly|
Teachers Who Intervene in Fights
PGCEA has received calls from members seeking clarification of their obligation when a fight takes place between students. Initially, it must be observed that there is no statute, regulation, rule, or judicial decision which clearly and expressly states that public school teachers are obligated to intervene in fights between students. Nevertheless, it is generally recognized as a matter of fundamental negligence law that teachers are obligated to intervene in such altercations if they can do so without subjecting themselves to an unreasonable risk of injury. Obviously, that will require a teacher in such a situation to make an instantaneous assessment of the potential danger. In doing so, the teacher must weigh factors such as his or her size versus that of the combatants; whether any weapons are being used; any particular physical disabilities from which the teacher suffers (e.g., a broken limb, pregnancy, etc.); and the surroundings in which the altercation occurs, etc. If a teacher, upon weighing each of the foregoing factors, determines that he or she can intervene in the fight without subjecting himself or herself to an unreasonable risk of injury, then the teacher should immediately attempt to physically intervene, and in doing so, utilize only that degree of force which is reasonably necessary to break up the fight.
Obviously, if a teacher had the ability to break up a fight, and yet failed to do so, and one of the combatants was injured during the course of the ensuing fight, then it is reasonable to assume that the student and his or her parents would file a negligence action against the teacher and the Board of Education. The theory underlying such litigation would be that the teacher had a duty to intervene in the fight, which duty was breached resulting in the child’s injury.
If a teacher intervenes in such a fight, and is struck or otherwise physically injured as a result, then certain rights and remedies immediately attach. For example, the teacher has a right to file a Worker’s Compensation claim, as well as a right to utilize assault leave under Section 6-112 of the Education Article. Furthermore, the teacher would have a right to file criminal charges against any child who struck the teacher, and could also file a civil action for money damages against the child.
As a teacher, you have the right to maintain order in class and use such force as is reasonably necessary. Thus, if a child uses profanity in the classroom, the teacher cannot strike the child. The teacher must be careful to control his or her temper and not let personal frustration result in an aggressive action against the student. As a teacher, you also have a right to guide a disruptive student from the classroom and to prevent a child from acting in a manner which might be harmful to him (or her), other students and/or the teacher. Again, the concept is such force as is reasonably necessary.
|
| Next (PGCEA Videos) | back up (Spotlight) |
|
|
          |
|
Search | Site Map | Contact PGCEA 8008 Marlboro Pike, Forestville MD (301) 736-2700 Website Comments or Questions? Please E-mail webmaster@pgcea.org | Copyright © 2000-2006 PGCEA |