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ERIC Number: ED258332
Record Type: Non-Journal
Publication Date: 1985
Pages: 21
Abstractor: N/A
Reference Count: N/A
Legal Protection for School Children: Separating Psychological Abuse from Physical Abuse.
Lynch, Patrick D.
The inflicting of emotional distress, mental distress, or mental injury on another person constitutes psychological abuse, whether or not accompanied by physical harm. If intentional psychological abuse causes harm, it could be actionable as a tort. While the latitude allowed teachers in selecting teaching methods may make the intentionality of abuse difficult to determine, professional negligence may also be charged. In either case proof is difficult to establish. Resolving a West Virginia case in which 15 first-grade students accused a teacher of tying them up with rope and taping their mouths involves, first, determining the relationship between the children's physical complaints and the teacher's actions and, second, establishing the credibility of the children through an appropriate form of examination. The extent to which students are accorded legal protection from psychological abuse may be comparable to the extent of their protection from physical or other forms of punishment in the school environment. Verbal abuse of students and immoral conduct may be actionable to a similar extent. (PGD)
Publication Type: Legal/Legislative/Regulatory Materials
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A