The 200 Most Frequently Asked Legal Questions for Educators by Nathan L. Essex

Author:Nathan L. Essex
Language: eng
Format: epub
ISBN: 9781616087005
Publisher: Skyhorse Publishing

116 What Type of Behavior by Teachers May Result in Mental Distress Involving Students?

Mental distress is a tort regarding conduct that exceeds the boundaries of decency as defined by society. The conduct exhibited by the perpetrator is calculated to cause and actually does create mental distress. Teachers can be implicated in situations involving mental distress when they utilize unorthodox forms of punishment that result in emotional duress for students.

In loco parentis allows teachers to discipline students, but their actions must not be calculated to embarrass them in the presence of their peers, resulting in fear or anxiety. For example, locking a young child in a dark closet, taping him or her to a chair or a tree, or placing tape over a student’s mouth are indefensible acts that might have an adverse affect on students’ self-esteem. Students should not be degraded in a manner that creates mental distress, which may, in some instances, be more devastating than physical punishment. Teachers should seek guidance from school or district policies in discipline matters to avoid claims that they created mental distress for students.

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