How can teachers avoid teacher student fights over student book bags?

In a recent article, a local newspaper reported that a teacher student fight occurred at the La Marque High School. The teacher student fight occurred after a teacher confiscated a students book bag and the student demanded the return of the book bag. It was common practice at the high school for student to carry their book bags to class.

The students father responded to the teacher student fight. The father of the 15-year-old girl charged in the classroom attack of a La Marque High School teacher, said the video showing the beating doesn’t tell the whole story. “There’s no excuse for what she did,” Myron Lenor said Wednesday. “(But) the teacher had been provoking her all week.”

The student was subsequently arrested and charged with a third degree felony. The teacher is considered a public servant. According to Texas Penal Code §12.32 assaulting a public servant results in the following:

The challenge for the La Marque School District and the teacher is that the teacher could have fueled the teacher student fight by possessing the students book bag. Since the students book bag is the students personal property they could plead that the incident would not have taken place if the teacher did not unlawfully retrieve the students book bag.

This is consistent with the Clean Hands Doctrine. The Clean Hands Doctrine is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy because the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint—that is, with “unclean hands”. The defendant has the burden of proof to show the plaintiff is not acting in good faith. The doctrine is often stated as “those seeking equity must do equity” or “equity must come with clean hands”. A defendant’s unclean hands can also be claimed and proven by the plaintiff to claim other equitable remedies and to prevent that defendant from asserting equitable affirmative defenses. In other words, ‘unclean hands’ can be used offensively by the plaintiff as well as defensively by the defendant.

These are the facts that will surface in a court of law:

  • The teacher violated school protocol by singling out the student when she confiscated the student’s book bag
  • The teacher did not have probable cause to confiscate the student’s book bag
  • The teacher refused to return the student’s personal property

The La Marque could have avoided the teacher student fight by adhering to one of the following steps:

  • When students come to class with a book bag tell them that they are not allowed in the class if this is consistent with the rules of the school. If they refuse to leave, get your cell phone out and call the front office. Request that an administrator come to your class to remove a student.
  • If this is not a rule of the school, you can have all of the students place their book bags in a central location while they are in your class.
  • If the student allow you to keep the book bag safe for them during class and then demands their book bag, return the book bag. Then require that the student leave the class. If the student does not leave, then call the front office. Request that an administrator come to your class to remove a student.

Teachers can avoid many complications that result in teacher student fights by remaining consistent with the enforcement of disciplinary and school rules.

Related Articles

La Marque High students accused of attacking teacher, campus officer

Teen girls charged in separate attacks at high school

Horrifying video shows 16-year-old high school student ‘punching his substitute teacher before putting him in a head lock because he didn’t let him go to the bathroom’

Northside High teacher resigns after fight with student

Dr. Derrick L. Campbell, Ed.D.

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About Classroom Racism Exterminator

Racism is a menace and so we’ve been taught for ages which is the primary need for a diversity expert. However, even in this modern society of today where we see a lot of colored celebrities performing on stage with huge fan followings and of course an Afro-America President for the USA, we are still in a phase where racism exists in all its brutal glory and has been eating away at the society like a plague. Classrooms, are one of the most affected areas where color differences and racism exists to its extremes. Even after decades of progress and a lot of communal efforts at bridging the gaps between colored students, white students and teachers, it is sad to say that the disparities still exist and are just as pronounced today as they were back in the 1950s. Colored students, even in the likes of New York City, are attending under resourced schools or have been significantly isolated and made to be unequal in regular schools. Even if the teachers are well-intentioned, perpetuating the structural racism that has taken deep roots into the fabric of our education system is a tough task and make the need for a diversity expert imperative. Teachers need to recognize the biases that exist within the classroom and also take conscious measures to address them and their own biases of course. James Baldwin once said, “it is your very own responsibility to change this society, if you think of yourself as an educated person.” Dr. Derrick L. Campbell took this quote very effectively and straight to the heart and thus this Classroom Racism Exterminator happened. Classroom Racism Exterminator is an initiative that will teach you about your duty and moral obligation towards eliminating racism from the classrooms. This is where and how you will learn about what you need to do to produce a better society that is free of biases and disparities amongst the blacks and the whites. Because we understand how classroom biases and conversations about racism are difficult and how teachers and students almost avoid the topics altogether, we have put together a range of effective methods and products to help address the problem at hand and talk meaningfully to counter issues related to race and racism in the classroom. Diversity expert Dr. Campbell understands that it takes a lot of courage to talk about race and racism and that racial issues need to be viewed through a very critical lens that can understand and attend to the pertaining aspects of racism in the classroom. And therefore through this website we have made a conscious effort to eliminate racism from the classroom and make the educational system equal and beneficial for all. We know and we understand that there are no words that can actually describe how racism feels. There are cases and everybody tends to deal with it in their own manner. Some might lash out verbally or others might just withdraw into shells. Whatever the case, people don’t talk about it openly and teachers don’t really make a conscious effort at addressing the issue. We don’t really know if our children or if the youth is learning to be educated or become racists in their classroom. Our program is focused on helping children of color and regardless of their race, their full potential. We want every student to be able to recognize and reach their full potential so that they think of themselves as responsible citizens of their country and not regard themselves as worthless human beings. Here you will find motivational books and flash card games, all of which have been designed focusing on eliminating racism completely from our classrooms. The books and the games have been consciously designed keeping in mind the American society and educational system. It is a small effort on our and Dr. Campbell’s part to help this society become a better place to live in. A little about diversity expert Dr. Campbell Dr. Derrick L. Campbell the driving force behind Classroom Racism Exterminator is a dynamic figure and a constant source of motivation for us. He has a Bachelors of Science in Electronics Engineering Technology, Math Education, a Masters in Education Administration and also holds a doctoral degree in Educational Leadership. Dr. Campbell is a well known personality throughout the nation. He has lectured at various events including the National Association for the Advancement of Colored People (NAACP), Iron Sharpens Iron Men’s Conference and a lot of local churches. He is a personality well dedicated towards eliminating the plague of racism from our classrooms and helping every child recognize his/her true potential not the color of their skin. He realizes how a child would feel if he/she was made to think they are worthless human beings. Diversity expert Dr. Campbell is compassionate and related to the experiences and therefore this initiative is a constant and continual effort to eliminate racism manifested in us, completely from the classroom and from our society.
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