Taking Punches Not Part of the Job in Wisconsin Schools

By Molly Thompson

No one ever said teaching is easy. But when does taking physical abuse from students come with the territory?

Never, says WEAC legal counsel Joanne Huston, who presented a seminar on violent student issues at WEAC's Winter Conference Sunday (February 5, 2006). Having worked as both an English teacher and district reading specialist for nearly 20 years primarily at the high school level, Huston is out to change the perception of physical attacks on teachers and create a culture where abuse, even occasional abuse, is unacceptable.

Although Wisconsin law bans the use of corporal punishment (the infliction of pain as punishment) by school personnel, the use of "reasonable and necessary force" is permitted to quell a disturbance, take a dangerous object from a student, protect oneself or others, protect property or remove a disruptive student.

Current law also gives teachers the authority to remove a pupil from the classroom if the pupil violates a locally developed code of conduct; is dangerous, unruly or disruptive; or exhibits behavior that interferes with the teacher's ability to teach. Senate Bill 410 would extend that authority to education support professionals. But it's still not clear what teachers and support staff can do when it comes to defiant students. For one thing, the rules are different in special education and regular education. Legal authority for teachers and support professionals is also different.

Huston told seminar participants of a student who knocked a stack of books out of a teacher's hands and when the teacher told the student to come back and pick up the books, the student spit at the teacher. The teacher spit back and was found at fault.

"There's not a lot of defense for the teacher there - the law cites 'reasonable and necessary force,'" Huston said. "It wasn't necessary to spit back."

Plan ahead

Huston gave other real-life examples of situations educators face everyday. Let's say there was a fight in the hallway between two students, and a teacher put one of the kids in a wrestling hold, which broke up the fight. But then the student goes home and tells his parents that the teacher assaulted him.

"The thing to remember is that physical contact is always a last resport, and never use physical contact when you are angry, panicky or scared," Huston said. "When we are in that emotional fight-or-flight state, we have a lot of adrenaline, so if you grab a kid it will probably be more forceful than you mean."

Huston said the best way to avoid over reaction is to pre-plan possible scenarios. For instance, if you know you are not physically able to handle a student, should you even try? What are the risks? Consider all the factors rationally.

"If you're small and you teach high school, you have to use your personality or a 'look' to keep students in line," Huston said. "Your demeanor must show that you are in charge - and it must be practiced."

Catch 22

There is a conflicting requirement that teachers cannot physically hurt students, but at the same time they are also responsible for protecting kids from injury.

"If you let kids fight, you may be liable if they get hurt. And if you break up a fight and someone gets hurt, you could be liable," Huston said. "Always be aware of who is witnessing the event. You will need them to corroborate the events for documentation."

Huston recounted a situation where a student threatened to attack a van driver. A teacher restrained the student, but in the process, broke the student's arm. The student's parents sued the teacher, and the court decided the teacher was negligent because the teacher didn't follow the Individual Education Plan, which required two teachers restrain a student.

Huston also warned teachers to pick their battles. State law allows reasonable and necessary force when protecting property, but there is a difference between preventing a student from defacing a desk and stopping a student from running through glass doors. The emphasis is on student safety.

"If a student is acting out violently and you cannot immediately control the situation, move other students away. Everyone is afraid of liability but you have to do what's best for children - that's why there is a need for a uniform standard across the state," Huston said, referring to SB 410.

Power struggles

Beware of power struggles between teachers and students, because they are a recipe for disaster, Huston said.

"Always remember that you are the authority. Don't let it get to the point of no return where you are going home feeling depressed everyday, or you could end up like the teacher who spit back at a student," she said.

Seminar participants also shared tactics they have learned in the field.

"It's similar to the military, the first rule of command is to never give an order you know won't be followed," said Paul Hoffman, an English and Language Arts teacher at Athens High School. "Make it this or that - make them choose, but always follow through. When you say, 'If anyone makes a peep, you'll all stay after five minutes,' you know the next thing you hear will be, 'Peep!' But then hold them for five minutes. You can make it a joke if you want, but you have to follow through and let them know you will do what you say."

Other participants made the case for corrective discipline over punishment, meaning when students misbehave, you can remove them from the classroom, but when they return, they will repeat the inappropriate behavior unless they understand how and why to behave differently.

In addition to power struggles with students, teachers and support staff also told Huston about power struggles with administrators.

"If you don't have support of your administration, get creative," Huston said. "For example, make contracts with your students. Find out what you can use as a reward to get them to comply. Engage students by making them responsible for creating the terms of the contract."

Last resorts

What if a student is seriously dangerous and the administration refuses to help? "Call the police," Huston said. "It's a last resort but sometimes police may vallidate the seriousness of the situation."

Some teachers have also been successful at getting restraining orders against students. State law allows employees to get ex parte temporary restraining orders and, after an evidentiary hearing, an injunction effective for up to two years against a student for harassment, such as punching, kicking or threatening to physically harm an employee.

"Most judges are reluctant to award a restraining order against students -- especially special ed. students, but with documentation that proves it's likely that someone will get hurt, it's possible," Huston said.

In September, the Department of Public Instruction issued new guidelines for the appropriate use of seclusion and physical restraint in special education programs. They state these interventions have a high risk of being misunderstood and should be used as a last resort in cases of danger to the student and/or others.

Contact your UniServ director before you communicate substantively with administration/authorities. Also obtain an Educators' Employment Liability form from WEAC.

Take care of yourself

If you are in a situation where you are repeatedly abused, it is psychologically damaging.

"You begin discounting the kicks to the shins or the punches," Huston said. "You start thinking an assault has to draw blood before it 'counts.'"

Document everything, even things that may seem minor. File injury reports in the office, and keep a personal copy of each report. Take pictures of bite marks and bruises.

"Random kicks and punches may not seem like a lot, but they can have a huge effect cumulatively," Huston said. "Remember, you have every right to be safe. You are in schools to teach not to be a martyr."

Full coverage of WEAC Winter Conference

Posted February 6, 2006