Legal Question in Education Law in California

I was personally attacked by a student after I pushed her out of personal space. I felt threathen and of bodily harm due to her aggressive behavior and attitude. She rebounded and charged me and I defending myself. Then a male friend came running at us and attacked me as well. I was in a tussule with the both students until some on lookers got us separated. I was holding two bags the entire time. The district took the position I should have just walk away and let the student have her day bully and disrepecting me as her teacher and coach. I was told my perception of the male students attacking me was wrong he was trying to protect his friend from my attack and trying to break us up but maybe threw a bunch before separated us. All lies. witnesses share the truth. Students suspended for 4 days back at school. I was ask to resign or be terminated. I feel my rights were violated and safety was put at risk. If they had a weapon or if no was there to stop them. I have the right to defend and protect myself. kids back at school playing sports. I am on leave of absence awaiting how they plan to get rid of me. I am not tenured. I want justice for dragging my name down and the possiblility of not being able to teach again and the personal unprofessional approach directed towards me at the district meeting. Intimidated and in correct information being used by the investigation officer and HR director. What rights do I have and what type of lawyer do I need to fight for my rights and other teachers thrown under the bus to cover their butts?

Asked on 10/17/13, 8:52 pm

1 Answer from Attorneys

Andrew Harrell W. Andrew Harrell, Attorney at Law

Was this investigated by the police? From what you have related, I doubt that there would be sufficient evidence to support a criminal charge of battery or assault. Has the student brought a civil complaint for battery or assault? I would doubt that they would because the student himself may have threatened harm (assault). So, given this, what has the district charged you with? Who is the investigation officer and HR director--and is this the proper role for a HR person? Where are you located in California? It soundls like you teach high school. In my experience the involvement of a lawyer tends to make these school administrators reconsider.

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Answered on 10/17/13, 9:20 pm

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