Can you file a lawsuit against the school if teachers are harassing my child?

Answer 1

It really depends on how much documentation there was .... Is there a recording? did you write down the exact words used?

Also how much damage did this abuse cause? If they felt bad for 5 minutes there is probably not that much point in suing but if its been a year and they are still in therapy from it there is probably good reason to sue.

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Depending upon the jurisdiction "Verbal Abuse" may not a recognized cause of action. Many states have a 'impact rule' that requires you to actually sustain a physical impact to sue for emotional damages. You may be able to recover based upon breach of duty, depending on the situation you may be able to sue for malpractice, or even negligent supervision/retention/hiring/training.

Slander and defamation would be a reason to sue if the teacher said something untrue about a student's character that has a negative effect on their well-being or reputation.

However, be warned, if a lawsuit of this type is pursued and the defendant is found innocent, then in the case of a teacher, the plaintiff may then be sued by the teacher. An unsubstantiated claim that might pull a teacher out of work or unduly create administrative action against the educator would be slanderous and that person would easily be able to sue the original party.

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It is important to consider the ultimate goal at the beginning of such a suit. If the child suffered psychological harm from abuse, a lawsuit could result in payment for treatment. However, in most cases "verbal abuse" is flung around to refer to any words that someone finds distasteful. This is not actionable. In order to prevail in this suit, the child would plead a cause of action for intentional infliction of emotional distress among other torts, and would need to prove substantial damages in order to prevail.
if you have concrete proof,for instance another teacher, you may be able to , however, it will be very hard to win a case like that, if it would be abuse in writing like a derogatory letter then you would have a better chance of winning your case. Report this teacher all the same to a principal or the school board.

Answer 2

Hi Shoving a child is a form of assault; the fact that it is a child or that it happens in school does not make it any less of a crime, and people who think they can go around shoving anyone just because they are a teacher get what they deserve, which is, indeed, a lawsuit. A witness or two would be useful though, as it can otherwise simply develop into a "he said, she said" affair. Phil

Answer 3

The answer depends on the details. You need to consult with an attorney who can review the situation and explain your options, if any. There are laws federal and state laws that forbid teachers from harassing, teasing, and otherwise verbally abusing students. However, you need an expert opinion as to whether the teacher's actions meet the thresh hold for legal action.

Answer 4

It depends on the details and what you mean by harassing.