Coworker slapped retarded kid in front of mother (TR)

[AlterEgo11]

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Gold.

[doucy]

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They were still unhappy about what happened, but no worries of lawsuits or anything, not that one would have been successful anyway.

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I don't know why you would think this - a lawsuit could be very bad for the county and there's a decent chance it would get settled before it ever got to court. There is plenty of merit in a suit here. Thankfully it won't go that route, or so it seems.

Not that I think a suit is deserved here, but it would be viewed as having plenty of merit.

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I just think that convincing a judge to award damages for a strike that didn't even bruise would be a real tough sell. Especially because I'd be ready to testify that the whole thing was an accident. But you make a good point about the possibility of a settlement.

[Falc]

The fact that she reacted by slapping the grabber in an environment thats full of kids is a pretty good reason to fire her.

Also that she can face an lawsuit/get sued over this is stupid.

[Leaky Eye]

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BS. Her slap was on target, which means she looked for targeting purposes.

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C'mon, you can't swing and hit someone behind you without looking? I'm not saying she did or didn't, but this logic is way off.

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Which is more likely, that she swung without ever looking at her target and randomly did so at the child's face height and distance, or that she aimed? I am betting on the aiming.

[4thstreetpete]

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Interesting stuff. Good post OP, please keep us abreast of any news.

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LOL! [img]/images/graemlins/grin.gif[/img]

[Gandor]

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They were still unhappy about what happened, but no worries of lawsuits or anything, not that one would have been successful anyway.

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I don't know why you would think this - a lawsuit could be very bad for the county and there's a decent chance it would get settled before it ever got to court. There is plenty of merit in a suit here. Thankfully it won't go that route, or so it seems.

Not that I think a suit is deserved here, but it would be viewed as having plenty of merit.

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I just think that convincing a judge to award damages for a strike that didn't even bruise would be a real tough sell. Especially because I'd be ready to testify that the whole thing was an accident. But you make a good point about the possibility of a settlement.

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It's an accident if I fall asleep behind the wheel and run my car into a group of people killing a few, but I would still be guilty of involuntary vehicular manslaughter.

[12ressiMorP]

This is easy. She's a moron and should get fired. Does she not know what environment she's in? Dumbell.

[ElSapo]

Is Sharon a special ed teacher? I'm assuming there is one involved here somewhere, if not you or her then somewhere in the school.

I have a hard time seeing Sharon losing her job here if she's not SpEd. There's got to be some exception made here for the surprise/pain/assault factor.

Sure, the kid is completely blameless in this. But if the parents want to bring some sort of suit then I would (if I want to protect an employee I still trust) start talking change of placement for the kid. If one side isn't talking sense, no sense in the other side talking sense.

The simple truth is, general ed teachers have far too little training in dealing with special ed kids - especially as more and more kids are moved into inclusive environments. I think a lot of this will depend on facts I don't see in this thread: who is the IDEA teacher here, how much training have you guys had, is there policy in place to deal with physical situations, and so on.

This case will end up having less to do with Sharon working around kids all day and more to do with Sharon working around a kid who is, I would assume, protected by the Individuals with Disabilities Education Act.

[Quicksilvre]

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Is Sharon a special ed teacher? I'm assuming there is one involved here somewhere, if not you or her then somewhere in the school.

I have a hard time seeing Sharon losing her job here if she's not SpEd. There's got to be some exception made here for the surprise/pain/assault factor.

Sure, the kid is completely blameless in this. But if the parents want to bring some sort of suit then I would (if I want to protect an employee I still trust) start talking change of placement for the kid. If one side isn't talking sense, no sense in the other side talking sense.

The simple truth is, general ed teachers have far too little training in dealing with special ed kids - especially as more and more kids are moved into inclusive environments. I think a lot of this will depend on facts I don't see in this thread: who is the IDEA teacher here, how much training have you guys had, is there policy in place to deal with physical situations, and so on.

This case will end up having less to do with Sharon working around kids all day and more to do with Sharon working around a kid who is, I would assume, protected by the Individuals with Disabilities Education Act.

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This feels more correct than most of the posts in this thread. I don't know if I love the idea of firing Sharon if she's not a special-ed teacher.

[NT!]

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This is easy. She's a moron and should get fired. Does she not know what environment she's in? Dumbell.

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Pretty easy to see who here has ever worked in this environment and who hasn't.