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. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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