Can teachers interrogate students about suspected abuse, after the studenthas asked for their parents?
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Can teachers interrogate students about suspected abuse, after the studenthas asked for their parents?
My son is 9 and his teacher noticed a bruise on his ear. She asked him about it and he told her that he didn’t know, ask his mother. She then pressured him by asking him specifically if it was caused by his parents. He again refused to tell her anything. After many attempts to manipulate him to say that we did something, she made him feel guilty for not telling her what she asked for. So he eventually said that it may have come from his parents hitting him. The teacher then called DCF. In AR parents are allowed to use corporal punishment without leaving marks? It was found unsubstantiated. Can I sue for civil damages?
Asked on January 8, 2011 under Personal Injury, Arkansas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Teachers and school officials are generally what is known as mandatory reporters, meaning that they have a legal obligation to report suspected abuse of children. Additionally, and also generally speaking, schools have the right to question children without their parents present. You have to remember that the reason that these laws or rules govern is to protect children. Although the allegations against you were cleared up if it was someone else who was really abusing their child it would have been possible life saving. Now, you can not practice corporal punishment or unwarranted abuse on children - or anyone for that matter - whether it can be seen or not. If you feel that undue influence was used on your son then consult with an attorney in your area as to your right to sue. You will need to prove damages here.
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