Legal Question in Civil Rights Law in Virginia

Re: Assault in school

If the student was frightened by the impending touching, that is an assault. If there was an actual touching that is a battery. Both apparently occurred. Proving it in court is another matter. Obviously it would be better if your child had corraborating evidence. The trier of fact, however, is entitled to believe whomever it chooses to. Your child's reactions, her rendition of her story, etc. may all make her testimony more believable than the teacher's. It will however, cost money to find out. Are you prepared for that? How much? I'd estimate about Twenty five hundred dollars ($2,500.00), plus court costs and service expenses. If you add discovery costs, add another One thousand dollars ($1,000.00) Prepared for that???

Re: Assault in school

Not unless you have courtroom-quality corraborating evidence that the event occurred. "He said - she said" won't get it. If it is the student's word against the teacher, with no witnesses and no supporting evidence, there is no case.