The tort law liability is significant in the disciplinary measures applied in schools to address student’s disciplinary cases. Intentional tort is the most common in schools. It mainly presents in the form of harm or abuse caused by school employees inflicting either a physical or emotional injury on the plaintiff (Newnham, 2000). It is of great importance that the teachers remain cognizant of the intentional torts and what is to be proved against them in the event that it happens.
Owing to the given scenario, there is a great possibility for tort law liability. For instance, courts have in the past resolved that in the event that a student is to be removed from class or a learning area, clear procedures must be followed and especially where special education is involved. In line with this, if a teacher opts to remove a student from any learning area, then the case must be discussed before the day ends in the presence of the principal, the concerned teacher and the student (Newnham, 2000). The principal explains the grounds for removal and also gives the student the chance to explain. In the given scenario, this process was not followed. The teacher just guided the student out of the library by what he associated with uncontrollable behavior. It would have been prudent to engage the principal and the student before leaving school, so that the student may express himself regarding the whole incidence; that is the cause of the agitation, throwing a book on the teacher and yelling at her (Newnham, 2000). It would be extremely difficult for the school to claim that the student wasn’t owed to expression and explanation leading to the possibility of the liability.
Educational authorities and the entire school workforce ought to clearly understand the law of negligence. They need to understand on what it is, possible cases of negligence and what might be proved against them in the event that it happens. In so doing, they are able to avoid malpractices likely to affect the students and as well curb any potentiality of successful court cases by the plaintiffs.
Newnham, H. (2000). When is a teacher or school liable in negligence?. Australian journal of teacher education, 25(1), 5.
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