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Dwayne B.
Dwayne B., Attorney
Category: Education Law
Satisfied Customers: 33763
Experience:  Began practicing law in 1992
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Can a teacher be sued for emotional abuse of a student? Can

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Can a teacher be sued for emotional abuse of a student? Can the principal be sued for failing to discipline the teacher? Can a school place a student in an untenable situation, then blame the student for lack of success, faiul to change the circumstances after emotional harm has already been done?

JD 1992 :

A teacher could be sued for emotional abuse of a student.

JD 1992 :

I don't believe that a principal could be sued for not disciplining the teacher. There is no cause of action for "failure to discipline". If, however, a complaint was made and the principal allowed the teacher to continue abusing the student then there could be a cause of action for that, as opposed to a failure to discipline.

JD 1992 :

On the last question that is more of a rhetorical question than one with a "legal" answer.

JD 1992 :

Please feel free to ask any follow up questions in this thread.

Customer :

Is there a cause of action against the teacher or school for emotional distress? The situation is more complicated than I explained because another teacher is also "abusing" my child, and the school is doing nothing about it. He is showing signs of depression, doesn't want to go to school, doesn't trust the adults, feels socially stigmatized, l and doesn't want to participate in after school activities such as math team and robotics in which he is one of the leading students. My son is scary smart and they are letting teachers fail him, blaming the bad grades on him and/or his study habits when it is clearly an organizational matter. the harm is to his psyche and to his transcript and ability to get into the best colleges. He had perfect scores on the PSAT.

JD 1992 :

There is a cause of action allowed for "intentional infliction of emotional distress" and there is always a chance, depending on the facts, that it could be a civil rights violation.

Customer :

Got it. Thank you.

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