Los Angeles area teacher arrested after punching student in class
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governator
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PostPosted: Tue Dec 11, 2018 1:14 pm    Post subject:

dont_be_a_wuss wrote:
LongBeachPoly wrote:
dont_be_a_wuss wrote:
LongBeachPoly wrote:
Yeah there's going to be a huge settlement between the school and the kid. This kid's going to get rich.


I understand that teachers should be held to a higher standard, but this kid provoked him by repeatedly calling him the n-word and disrespecting him worse than anybody on this board would do a teacher, and he gets rich due to his racist remarks that got him punched?

God bless america


Yeah, the crime he's being charged with has nothing to do with him being a teacher. This is child abuse law and it applies to all adults vs. a child.

Now, the kid will get rich because he's going to sue the school. I think this would probably play out the same way in Canada, or the UK, or South Africa, or Australia. (Countries with similar legal systems). Just a guess though, I have no idea.


The teacher being charged is another topic, I'm just looking at the prospect of the kid getting rich. The UK is not big on frivolous lawsuits, I thought.


You think this is frivolous lawsuit?
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PostPosted: Tue Dec 11, 2018 1:19 pm    Post subject:

dont_be_a_wuss wrote:
LongBeachPoly wrote:
dont_be_a_wuss wrote:
LongBeachPoly wrote:
Yeah there's going to be a huge settlement between the school and the kid. This kid's going to get rich.


I understand that teachers should be held to a higher standard, but this kid provoked him by repeatedly calling him the n-word and disrespecting him worse than anybody on this board would do a teacher, and he gets rich due to his racist remarks that got him punched?

God bless america


Yeah, the crime he's being charged with has nothing to do with him being a teacher. This is child abuse law and it applies to all adults vs. a child.

Now, the kid will get rich because he's going to sue the school. I think this would probably play out the same way in Canada, or the UK, or South Africa, or Australia. (Countries with similar legal systems). Just a guess though, I have no idea.


The teacher being charged is another topic, I'm just looking at the prospect of the kid getting rich. The UK is not big on frivolous lawsuits, I thought.


Yeah, that's the thing though, criminal and civil lawsuits go hand in hand.

If you're guilty of a crime, you're going to be liable in a corresponding civil lawsuit. So you can't separate them.

And it makes sense because whenever there's a crime, there's going to be a victim.
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PostPosted: Tue Dec 11, 2018 1:34 pm    Post subject:

splashmtn wrote:
governator wrote:
Just playing devil's advocate, after reading the transcript, it actually looks more like the way the kid talk more than racially directed to a black person (but I'm not a black person hearing the N-word), does this transcript change what you think as far as racial justification for the teacher's action? would you view it differently if the exact same words were thrown by this student to an ethnic Indian teacher?
it doesnt matter how we see it. the teacher is from a different generation. a generation that doesnt like the N word used in an context period. so it doesnt matter to his ears. if that was a younger teacher, it may have changed that part of it. but the kid still may have been popped upside the head, probably much faster if it was a younger teacher.


I don't care how much of a spiritual badass someone might be

Words are powerful
Some words actually hurt even the most trained meditators

I don't watch abusive videos so I have not seen it.

If I were black I would address the class the first time the word was ever spoken aloud. Send kid to timeout immediately by calling security and let them know Racism will never be allowed in the class or in the school /eos
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PostPosted: Wed Dec 12, 2018 1:04 am    Post subject:

LongBeachPoly wrote:
dont_be_a_wuss wrote:
LongBeachPoly wrote:
dont_be_a_wuss wrote:
LongBeachPoly wrote:
Yeah there's going to be a huge settlement between the school and the kid. This kid's going to get rich.


I understand that teachers should be held to a higher standard, but this kid provoked him by repeatedly calling him the n-word and disrespecting him worse than anybody on this board would do a teacher, and he gets rich due to his racist remarks that got him punched?

God bless america


Yeah, the crime he's being charged with has nothing to do with him being a teacher. This is child abuse law and it applies to all adults vs. a child.

Now, the kid will get rich because he's going to sue the school. I think this would probably play out the same way in Canada, or the UK, or South Africa, or Australia. (Countries with similar legal systems). Just a guess though, I have no idea.


The teacher being charged is another topic, I'm just looking at the prospect of the kid getting rich. The UK is not big on frivolous lawsuits, I thought.


Yeah, that's the thing though, criminal and civil lawsuits go hand in hand.

If you're guilty of a crime, you're going to be liable in a corresponding civil lawsuit. So you can't separate them.

And it makes sense because whenever there's a crime, there's going to be a victim.


I don't agree that these types of civil lawsuits would be expected to end similarly in the US vs other countries.
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PostPosted: Wed Dec 12, 2018 1:12 am    Post subject:

governator wrote:
dont_be_a_wuss wrote:
LongBeachPoly wrote:
dont_be_a_wuss wrote:
LongBeachPoly wrote:
Yeah there's going to be a huge settlement between the school and the kid. This kid's going to get rich.


I understand that teachers should be held to a higher standard, but this kid provoked him by repeatedly calling him the n-word and disrespecting him worse than anybody on this board would do a teacher, and he gets rich due to his racist remarks that got him punched?

God bless america


Yeah, the crime he's being charged with has nothing to do with him being a teacher. This is child abuse law and it applies to all adults vs. a child.

Now, the kid will get rich because he's going to sue the school. I think this would probably play out the same way in Canada, or the UK, or South Africa, or Australia. (Countries with similar legal systems). Just a guess though, I have no idea.


The teacher being charged is another topic, I'm just looking at the prospect of the kid getting rich. The UK is not big on frivolous lawsuits, I thought.


You think this is frivolous lawsuit?


The lawsuit is hypothetical at this point is it not? The kid and teacher are both now getting/got what was coming to them. I didn't see any results of the aftermath. What kind of damages did this kid suffer? Did he have monetary damages? other damages? If he didn't have any significant damages and is just looking for a big payday, yeah that's unnecessary.
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PostPosted: Wed Dec 12, 2018 7:46 am    Post subject:

dont_be_a_wuss wrote:
governator wrote:
dont_be_a_wuss wrote:
LongBeachPoly wrote:
dont_be_a_wuss wrote:
LongBeachPoly wrote:
Yeah there's going to be a huge settlement between the school and the kid. This kid's going to get rich.


I understand that teachers should be held to a higher standard, but this kid provoked him by repeatedly calling him the n-word and disrespecting him worse than anybody on this board would do a teacher, and he gets rich due to his racist remarks that got him punched?

God bless america


Yeah, the crime he's being charged with has nothing to do with him being a teacher. This is child abuse law and it applies to all adults vs. a child.

Now, the kid will get rich because he's going to sue the school. I think this would probably play out the same way in Canada, or the UK, or South Africa, or Australia. (Countries with similar legal systems). Just a guess though, I have no idea.


The teacher being charged is another topic, I'm just looking at the prospect of the kid getting rich. The UK is not big on frivolous lawsuits, I thought.


You think this is frivolous lawsuit?


The lawsuit is hypothetical at this point is it not? The kid and teacher are both now getting/got what was coming to them. I didn't see any results of the aftermath. What kind of damages did this kid suffer? Did he have monetary damages? other damages? If he didn't have any significant damages and is just looking for a big payday, yeah that's unnecessary.


You're probably using the word frivolous wrong then.

Frivolous doesn't mean unnecessary. Frivolous means filing a lawsuit that you have little to no chance of winning.

This kid's chances of winning a settlement with the school is 100%. It'd be the complete opposite of a frivolous lawsuit.
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PostPosted: Wed Dec 12, 2018 7:56 am    Post subject:

dont_be_a_wuss wrote:
LongBeachPoly wrote:
dont_be_a_wuss wrote:
LongBeachPoly wrote:
dont_be_a_wuss wrote:
LongBeachPoly wrote:
Yeah there's going to be a huge settlement between the school and the kid. This kid's going to get rich.


I understand that teachers should be held to a higher standard, but this kid provoked him by repeatedly calling him the n-word and disrespecting him worse than anybody on this board would do a teacher, and he gets rich due to his racist remarks that got him punched?

God bless america


Yeah, the crime he's being charged with has nothing to do with him being a teacher. This is child abuse law and it applies to all adults vs. a child.

Now, the kid will get rich because he's going to sue the school. I think this would probably play out the same way in Canada, or the UK, or South Africa, or Australia. (Countries with similar legal systems). Just a guess though, I have no idea.


The teacher being charged is another topic, I'm just looking at the prospect of the kid getting rich. The UK is not big on frivolous lawsuits, I thought.


Yeah, that's the thing though, criminal and civil lawsuits go hand in hand.

If you're guilty of a crime, you're going to be liable in a corresponding civil lawsuit. So you can't separate them.

And it makes sense because whenever there's a crime, there's going to be a victim.


I don't agree that these types of civil lawsuits would be expected to end similarly in the US vs other countries.


Here you go. This one was in Scotland, which is part of the U.K. as you know:

Quote:
Details emerged this week of a 59-year-old woman is suing her company’s landlord after she was badly injured in a vicious attack - by a seagull.

Cathie Kelly says she lost her footing and fell heavily after losing her shoe in the feathered assailant’s attack.


The project officer, who works in Greenock, Renfrewshire, Scotland was left upset and injured by the bird’s dive-bombing and now suing the owner of the office building, claiming it did not take sufficient care for her safety.


And here's an anti-bullying case from Australia (student vs. school):

Quote:
Australia: Former Student Wins Negligence Case Against School for Bullying
(Apr. 20, 2011) On April 13, 2011, the Supreme Court of New South Wales, in Australia, held that a school had breached its duty of care to a former student by failing to implement its anti-bullying policy or to take steps to adequately deal with ongoing bullying behavior toward her by other students while she was enrolled at the school. (Oyston v St Patrick’s College [2011] NSWSC 269, at 256.)

In 2010, Jazmine Oyston sued her former high school, St. Patrick’s College (a private girls’ school in Campbelltown), for negligence. She alleged that she had been injured while enrolled at the school, including suffering panic attacks, anxiety, and depression, “as a result of being exposed to bullying and harassment by other pupils of the school between 2002 and 2005.” (Id.at ¶ 1.) Her case was that the school’s policies and practices, as implemented in her situation, “failed to protect her from a recognized and foreseeable risk of harm.” (Id.at ¶ 6.)

The judge in the case considered that there was a foreseeable risk, which was in fact foreseen by the school, that bullying at the school might result in harm, including psychiatric injury. Furthermore, there was no issue that “a reasonable person in the College’s position, would have taken steps to protect a student such as Ms. Oyston, from the risks which bullying posed.” (Id.at ¶ 15.) The issue for the court was therefore whether the steps taken by the school were adequate to ensure that the duty of care to Oyston was met. (Id.)

The judge found that, despite the school having published clear policies in relation to bullying and having been active in its attempts to deal with what was a recognized problem at the school, its response in Oyston’s case was “ad hoc, rather than systematic,” and did not demonstrate the types of responses envisaged by the policies. (Id. at ¶¶ 16-37.) The judge therefore held that “the College’s response to the bullying problem which existed at the school by way of its implementation of its policies was inadequate, so far as Ms. Oyston was concerned,” and that there were significant adverse consequences of this for Oyston. (Id.at ¶¶ 51 & 61.) Furthermore, the judge noted, the school had been aware that Oyston was being seriously affected and had failed to provide adequate safeguards. The judge considered that “[s]uch safeguards required active investigation of the complaints made and monitoring whether any bullying had been brought to a halt.” (Id.at ¶ 311.)

In terms of causation, the judge held that, although Oyston was particularly vulnerable to psychological injury and her experiences at home and her parents’ inability to effectively deal with the bullying contributed to the harm suffered, her injuries were “the direct result of the College’s failure to take the very steps it had devised to prevent such injury being inflicted by one student upon another.” (Id.at ¶ 320.)

Oyston sought almost AU$540,000 (about US$571,000) in damages. (Id.at ¶ 339.) In her decision, the judge set out her views relating to particular types of damages in the context of the evidence presented, but she has not yet determined the amount to be awarded. (Id. at ¶¶ 340-380.)
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PostPosted: Wed Dec 12, 2018 11:02 pm    Post subject:

LongBeachPoly wrote:
dont_be_a_wuss wrote:
LongBeachPoly wrote:
dont_be_a_wuss wrote:
LongBeachPoly wrote:
dont_be_a_wuss wrote:
LongBeachPoly wrote:
Yeah there's going to be a huge settlement between the school and the kid. This kid's going to get rich.


I understand that teachers should be held to a higher standard, but this kid provoked him by repeatedly calling him the n-word and disrespecting him worse than anybody on this board would do a teacher, and he gets rich due to his racist remarks that got him punched?

God bless america


Yeah, the crime he's being charged with has nothing to do with him being a teacher. This is child abuse law and it applies to all adults vs. a child.

Now, the kid will get rich because he's going to sue the school. I think this would probably play out the same way in Canada, or the UK, or South Africa, or Australia. (Countries with similar legal systems). Just a guess though, I have no idea.


The teacher being charged is another topic, I'm just looking at the prospect of the kid getting rich. The UK is not big on frivolous lawsuits, I thought.


Yeah, that's the thing though, criminal and civil lawsuits go hand in hand.

If you're guilty of a crime, you're going to be liable in a corresponding civil lawsuit. So you can't separate them.

And it makes sense because whenever there's a crime, there's going to be a victim.


I don't agree that these types of civil lawsuits would be expected to end similarly in the US vs other countries.


Here you go. This one was in Scotland, which is part of the U.K. as you know:

Quote:
Details emerged this week of a 59-year-old woman is suing her company’s landlord after she was badly injured in a vicious attack - by a seagull.

Cathie Kelly says she lost her footing and fell heavily after losing her shoe in the feathered assailant’s attack.


The project officer, who works in Greenock, Renfrewshire, Scotland was left upset and injured by the bird’s dive-bombing and now suing the owner of the office building, claiming it did not take sufficient care for her safety.


And here's an anti-bullying case from Australia (student vs. school):

Quote:
Australia: Former Student Wins Negligence Case Against School for Bullying
(Apr. 20, 2011) On April 13, 2011, the Supreme Court of New South Wales, in Australia, held that a school had breached its duty of care to a former student by failing to implement its anti-bullying policy or to take steps to adequately deal with ongoing bullying behavior toward her by other students while she was enrolled at the school. (Oyston v St Patrick’s College [2011] NSWSC 269, at 256.)

In 2010, Jazmine Oyston sued her former high school, St. Patrick’s College (a private girls’ school in Campbelltown), for negligence. She alleged that she had been injured while enrolled at the school, including suffering panic attacks, anxiety, and depression, “as a result of being exposed to bullying and harassment by other pupils of the school between 2002 and 2005.” (Id.at ¶ 1.) Her case was that the school’s policies and practices, as implemented in her situation, “failed to protect her from a recognized and foreseeable risk of harm.” (Id.at ¶ 6.)

The judge in the case considered that there was a foreseeable risk, which was in fact foreseen by the school, that bullying at the school might result in harm, including psychiatric injury. Furthermore, there was no issue that “a reasonable person in the College’s position, would have taken steps to protect a student such as Ms. Oyston, from the risks which bullying posed.” (Id.at ¶ 15.) The issue for the court was therefore whether the steps taken by the school were adequate to ensure that the duty of care to Oyston was met. (Id.)

The judge found that, despite the school having published clear policies in relation to bullying and having been active in its attempts to deal with what was a recognized problem at the school, its response in Oyston’s case was “ad hoc, rather than systematic,” and did not demonstrate the types of responses envisaged by the policies. (Id. at ¶¶ 16-37.) The judge therefore held that “the College’s response to the bullying problem which existed at the school by way of its implementation of its policies was inadequate, so far as Ms. Oyston was concerned,” and that there were significant adverse consequences of this for Oyston. (Id.at ¶¶ 51 & 61.) Furthermore, the judge noted, the school had been aware that Oyston was being seriously affected and had failed to provide adequate safeguards. The judge considered that “[s]uch safeguards required active investigation of the complaints made and monitoring whether any bullying had been brought to a halt.” (Id.at ¶ 311.)

In terms of causation, the judge held that, although Oyston was particularly vulnerable to psychological injury and her experiences at home and her parents’ inability to effectively deal with the bullying contributed to the harm suffered, her injuries were “the direct result of the College’s failure to take the very steps it had devised to prevent such injury being inflicted by one student upon another.” (Id.at ¶ 320.)

Oyston sought almost AU$540,000 (about US$571,000) in damages. (Id.at ¶ 339.) In her decision, the judge set out her views relating to particular types of damages in the context of the evidence presented, but she has not yet determined the amount to be awarded. (Id. at ¶¶ 340-380.)


Were you only able to find one or a limited amount of these lawsuits? Because if there were only a few to find, then you would be proving my side. If you looked for these types of lawsuits in the US, the examples would be numerous. Every rule has an exception as they say, so if you cant find many exceptions than it is a stronger argument in defense of the rule than against.
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PostPosted: Thu Dec 13, 2018 12:46 am    Post subject:

dont_be_a_wuss wrote:
Were you only able to find one or a limited amount of these lawsuits? Because if there were only a few to find, then you would be proving my side. If you looked for these types of lawsuits in the US, the examples would be numerous. Every rule has an exception as they say, so if you cant find many exceptions than it is a stronger argument in defense of the rule than against.


Yeah, I'm not going to do a full blown research to prove/disprove your point. That was just a five minute search. I think if you want to make a point, you should do your own research. If you feel my 5 min search proves your point, so be it. It's your point.

It sounds like you're making a point and waiting for others to disprove it. Sounds like you have alot of questions, maybe you should do your own research? You're the one making the claim that this would only happen in America. But it seems, you have little to no knowledge of other legal systems in the world. So to make such a sweeping claim w/o really doing any research I think is a bit ignorant.
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PostPosted: Thu Dec 13, 2018 12:54 am    Post subject:

LongBeachPoly wrote:
dont_be_a_wuss wrote:
Were you only able to find one or a limited amount of these lawsuits? Because if there were only a few to find, then you would be proving my side. If you looked for these types of lawsuits in the US, the examples would be numerous. Every rule has an exception as they say, so if you cant find many exceptions than it is a stronger argument in defense of the rule than against.


Yeah, I'm not going to do a full blown research to prove/disprove your point. That was just a five minute search. I think if you want to make a point, you should do your own research. If you feel my 5 min search proves your point, so be it. It's your point.

It sounds like you're making a point and waiting for others to disprove it. Sounds like you have alot of questions, maybe you should do your own research? But to make such a sweeping claim w/o really doing any research I think is a bit ignorant.


Well the one story about the landlord is 4 years old and they claimed negligence by not taking care of trash. The school story was about the school not protecting students from bullies and is 7 years old. Not to be disrespectful at all, but I am more inclined to agree with the position of my law professors and their opinions on the difference in civil lawsuits in the US vs the UK vs a guy who admittedly spent 5 minutes researching the subject.
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PostPosted: Thu Dec 13, 2018 1:59 am    Post subject:

dont_be_a_wuss wrote:
LongBeachPoly wrote:
dont_be_a_wuss wrote:
Were you only able to find one or a limited amount of these lawsuits? Because if there were only a few to find, then you would be proving my side. If you looked for these types of lawsuits in the US, the examples would be numerous. Every rule has an exception as they say, so if you cant find many exceptions than it is a stronger argument in defense of the rule than against.


Yeah, I'm not going to do a full blown research to prove/disprove your point. That was just a five minute search. I think if you want to make a point, you should do your own research. If you feel my 5 min search proves your point, so be it. It's your point.

It sounds like you're making a point and waiting for others to disprove it. Sounds like you have alot of questions, maybe you should do your own research? But to make such a sweeping claim w/o really doing any research I think is a bit ignorant.


Well the one story about the landlord is 4 years old and they claimed negligence by not taking care of trash. The school story was about the school not protecting students from bullies and is 7 years old. Not to be disrespectful at all, but I am more inclined to agree with the position of my law professors and their opinions on the difference in civil lawsuits in the US vs the UK vs a guy who admittedly spent 5 minutes researching the subject.


Wait, you're telling me you're in law school, you've spoken with your law professors and you believe this to be a frivolous lawsuit? Seriously? Your law professors are saying this? Because I really find that hard to believe.

And like I said, I'm not here to prove/disprove your point. You made a sweeping accusation - only in America do these lawsuits happen. That's a sweeping claim. That's for you to back up, not for me to disprove. To disprove it means I'd have to be pretty familiar with many types of law systems, which I'm not.

You said you'd rather agree with your law professors about the differences between the UK and the US. Well, we're not talking about the differences between the UK and the US.

We're talking about a very specific case - a teacher that probably is going to get convicted of a crime - child abuse and a corresponding civil suit.

Now, if you're saying that the UK doesn't have child abuse laws, and if someone who gets convicted of child abuse can't be sued by the victim, then I'd be shocked. But, no, I can't disprove your claims. And I'm not going to research it.

That's a point that you are making. It's something that I hope you can back up and educate me on. So far, you haven't. So far, your proof is based on 2 things:

1) The 5 min I've spent researching the topic
2) Something your professor has told you about the differences between the US and the UK law system.

If you are indeed in law school, then you've probably learned that whoever's making the claim is the one that should be backing up that claim. But tomorrow, or the next time you speak with this law professor, can you ask him/her this very specific question and tell me what he/she says:

1) Does the UK have child abuse laws? (I'm pretty sure they do)
2) If a teacher were to be convicted of abusing a child, could that child sue that teacher and school in a civil suit?
3) Would that student win that civil suit?
4) Are there similar cases that they know of? If so, what are some cases?

Tell me what this professor says.
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PostPosted: Sat Feb 09, 2019 6:14 am    Post subject:

Is this any different?

https://www.yahoo.com/lifestyle/principal-placed-leave-altercation-17-year-old-student-something-definitely-needs-change-school-191713102.html
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PostPosted: Wed Oct 30, 2019 2:27 pm    Post subject:

charges dropped

https://www.nbcnews.com/news/us-news/charge-dropped-against-teacher-seen-video-punching-student-who-called-n1074036
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PostPosted: Wed Oct 30, 2019 3:12 pm    Post subject:

Huey Lewis & The News wrote:
charges dropped

https://www.nbcnews.com/news/us-news/charge-dropped-against-teacher-seen-video-punching-student-who-called-n1074036


Ironic that they try and teach you in school that words are only words and it’ll only affect you if you let it.

The prosecutors office feels that words gives a teacher the right to assault someone.
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PostPosted: Thu Oct 31, 2019 6:13 pm    Post subject:

LongBeachPoly wrote:
Huey Lewis & The News wrote:
charges dropped

https://www.nbcnews.com/news/us-news/charge-dropped-against-teacher-seen-video-punching-student-who-called-n1074036


Ironic that they try and teach you in school that words are only words and it’ll only affect you if you let it.

The prosecutors office feels that words gives a teacher the right to assault someone.


The further irony is that the kid's intent was to belittle the teacher, and the teacher's response just proved the kid right.

AS JMK said early in this thread:
64 years old and got suckered by a POS brat.
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PostPosted: Thu Oct 31, 2019 7:03 pm    Post subject:

Huey Lewis & The News wrote:
charges dropped

https://www.nbcnews.com/news/us-news/charge-dropped-against-teacher-seen-video-punching-student-who-called-n1074036


Great news. This was not a beatdown, this was an intervention. Maybe the teacher taught that punk not to spout off to adults like that. He would get swallowed in any level of incarceration w/ that piehole, and with that attitude, he might be headed there in the future. He better have learned something from this or start lifting weights because he got merked by a 64 year old band instructor fer crissakes.
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PostPosted: Thu Oct 31, 2019 7:16 pm    Post subject:

non-player zealot wrote:
Huey Lewis & The News wrote:
charges dropped

https://www.nbcnews.com/news/us-news/charge-dropped-against-teacher-seen-video-punching-student-who-called-n1074036


Great news. This was not a beatdown, this was an intervention. Maybe the teacher taught that punk not to spout off to adults like that. He would get swallowed in any level of incarceration w/ that piehole, and with that attitude, he might be headed there in the future. He better have learned something from this or start lifting weights because he got merked by a 64 year old band instructor fer crissakes.


That can be done without becoming an idiot who can't control one's emotions and thus resorts to violence.
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cal1piggy
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PostPosted: Thu Oct 31, 2019 9:27 pm    Post subject:

dumb and dumber
teacher should lose his job
underage teenager should be punished
if too young, i believe parents are liable?
i believe using the n-word is a misdemeanor with possible prison sentence and small fine
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nickuku
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PostPosted: Thu Oct 31, 2019 9:49 pm    Post subject:

cal1piggy wrote:
dumb and dumber
teacher should lose his job
underage teenager should be punished
if too young, i believe parents are liable?
i believe using the n-word is a misdemeanor with possible prison sentence and small fine


Is the bolded true? The language is abhorrent and I'm in no way condoning it but that seems way extreme.
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