ILNews

COA: teacher within rights in striking student

Jennifer Nelson
January 1, 2008
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Relying on caselaw from the 19th century, the Indiana Court of Appeals upheld a trial court's decision to dismiss a battery charge against a teacher for striking a student in gym class.

Judges Patricia Riley and Melissa May agreed with the trial court in State of Indiana v. Paula J. Fettig, No. 49A02-0709-CR-807, that gym teacher Fettig was protected from prosecution because state statute gives authority to school personnel to discipline students. Citing Indiana Code Sections 20-33-8-8(b) and 20-33-8-9, Judge Riley wrote these sections state that teachers "may take any action that is reasonably necessary to carry out or to prevent an interference with an educational function that the individual supervises."

Fettig worked as a high school gym teacher in Beech Grove. During a class, a student, T.C., injured herself. T.C.'s friend, S.D., checked on T.C. Fettig said S.D. began yelling at other students for mocking T.C. and used profanity. She described the situation as getting out of hand and in an effort to regain control of the class, Fettig said S.D.'s name repeatedly and when S.D. continued to ignore Fettig, the teacher turned S.D.'s chin toward her and told her to get up and go play.

The student witnesses' accounts varied; one heard a slap but did not see Fettig strike S.D. Another saw Fettig strike S.D. with an open palm on the left side of her face. S.D. testified Fettig slapped her, which stung, and told her to go play.

The state filed an information charging Fettig with battery as a Class A misdemeanor. In response, Fettig filed a motion to dismiss the charge, which the trial court granted.

The state appealed, arguing that although teachers are allowed to use reasonable corporate punishment when disciplining students, whether Fettig's actions were corporal punishment is a question of fact.

Judge Riley wrote that trial courts have a certain level of discretion to determine factual issues and dismiss informations. The trial court found Fettig didn't use a weapon, closed fist, repeated blows, or verbal abuse on S.D., just an open hand touching the student's face, which caused her face to sting.

The majority agreed with the trial court's findings and even cited three cases to support their decision - Vanvactor v. State, 113 Ind. 276, 15 N.E. 341, 342 (Ind. 1888); Danenhoffer v. State, 69 Ind. 295, 1879 WL 5751 (Ind. 1879); and Marlsbary v. State, 10 Ind.App. 21, 37 N.E. 558 (Ind. Ct. App. 1894).

In these cases, teachers were charged with assault and battery for whipping students, but the state's Supreme Court and Court of Appeals overturned the trial court decisions, finding the evidence didn't support the convictions.

Judge Riley notes these three cases demonstrate the ability of the judiciary to determine when a teacher has acted within the bounds of his or her authority to discipline a student.

"Considering the facts here - no weapons, no closed fist, no repeated blows, no verbal abuse, and the only alleged injury being a stinging sensation - in context with the right of teachers to be free from criminal prosecution for physical punishment that is neither cruel nor excessive, we conclude that the trial court did not abuse its discretion by dismissing the information charging Fettig with battery," she wrote.

In his dissent, Judge James Kirsch wrote that the three cases cited in the majority opinion all come from the 19th century and times have changed since then regarding student discipline. Many countries and states - not Indiana - ban corporal punishment in schools. The judge wrote he has serious doubts that today's Supreme Court would uphold the whipping in Vanvactor, which left marks on a student's legs, or the whipping administered by a school superintendent for not delivering a note, as is the case in Danenhoffer.

"The State should have its day in court. I believe the trial court erred in dismissing the charge, and, accordingly, I respectfully dissent," he wrote.
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  1. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  2. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  3. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  4. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  5. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

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