If a student hits a teacher can that teachers legally hit them back?

Question

I have always wondered that.

Answer 1

Well I was a teacher at an inner city high school and even though the students were often bigger than us we were not allowed ever to hit a student! Even when hit first. If attacked you were to get away. If you couldn't get away you were to send another student out of the classroom to seek assistance. During which time you could block blows but that was it. You might get away with restraining the student but that was tricky because if you tackled them you would be liable for any injuries they received during the tackle!

We relied on the idea that if a student did attack us usually other students would leap in and restrain them. This is why it paid to be equitable and respectful in all of our interactions with students and other teachers!

The generally accepted knowledge was that if you got into a confrontation with a student that resulted in the student hitting you, you were an idiot and shouldn't be in the classroom! The only times a teacher got hit was when they stepped into a brawl to separate fighting students. In those cases the students didn't even realize that they were smacking a teacher.

Answer 2

Self defense is a vaild defense against the charge of assualt, but it does not always apply.

To have this defense work, the teacher would need to show that they belived their were necessary to prevent injury to themselves or others.

So of the student throws a something and hits a teacher, and then sits down, the teacher cannot walk over and hit them. But if the student hits the teacher and does not back off, they self defense is possible.

The size of the student is also an issue, if a five year old hits a teacher, hitting them back is proablly not valid, because such an act was not necessary, and the teacher was not under any threat. So while such a teacher could, say, resonable restrain the student, hittting back would not justifiable.

Answer 3

It depends on the law in the state and the rules at the school. If self-defense is allowed, a teacher can (under traditional self-defense rules) use equal or lesser force to repel the attacks of the aggressor student. If the laws of the state and the rules of the school allow this, then the teacher should be ok.

However, the rules of the school may be different. I used to work for a company that had me deal with many people every day. We would get a few angry people, and some of whom were physically aggressive. HOWEVER, we were told by the company administration that we were never to use physical force either in an instigator setting or even a self-defense setting. I began to wonder if this was legal, so I asked a lawyer, and the lawyer told me that since I knew that rule before I started the job, if I continue with the job and get assaulted, I cannot sue the company for anything since I assumed the risk that I could get beaten up by working there.

So needless to say, depending on the state, and even the school rules, you may or may not be allowed to use self-defense on a student.

Answer 4

If a pupil hit me with malicious rationale (and not via twist of destiny), i does no longer believe my administration to look after the region via fact they are occupied with the college finding undesirable if a checklist is made. i'd extremely checklist the attack to the police. If i grew to become into in a position to restrain the pupil, i'd, and the regulation IS on your factor... whether, that's probable that the pupil will lie related to the region, and make you look undesirable. it would be on your earnings if the pupil already has a foul music checklist with the college for disciplinary issues... verify the youngsters information with the dean of your college. it would additionally be on your earnings if there have been non bias witnesses. little ones have too lots skill interior the college equipment. the scholars comprehend that instructors won't be in a position to incredibly do something... and that's a considerable subject interior the academic equipment. i think that corporal punishment could come again in my state (NYC). that's a tragic day in usa whilst raising your voice at college, or having a infant stand interior the back of the room for 10 min for holiday, is considered corporal punishment.

Answer 5

No! Atleast not in New York, and not according to the definitions of child abuse and coporal punishment. A teacher has options other then self-defense and should not put themself in a position in which he/he does not.

Lets be clear that self-defense means that you have no other option then to fight back and in the situation of a teacher, they need to attempt to restrain or get away.

Answer 6

In self-defense they can. Teachers are also legally allowed to use "reasonable force" as a measure of discipline. The debate is what "reasonable force" actually is.

Answer 7

In defense, yes. But it has to be in self defense. So if a 5th grader hits a teacher, it is obvious that the teacher wouldn't have to hit him back to defend themselves.

Answer 8

Oh that would've been fun to see in school.

I think the teacher is allowed to try to restrain the child, not hit.

A high school cafeteria employee hit me and I took it to the principal. I decided to drop charges to save her career as it was never meant to be an attack.

Oh yeah, I used to get paddled in grade school by the principal.

Answer 9

the teacher is not supposed to hit anyone if a teacher did do that now they could be arrested

Answer 10

No.

Legally you cannot hit someone back who hits you first, especially a minor.