TxHoops Posted April 8, 2016 Report Share Posted April 8, 2016 This is the hidden content, please Sign In or Sign Up Quote Link to comment Share on other sites More sharing options...
baddog Posted April 8, 2016 Report Share Posted April 8, 2016 Well, she will go to jail. Back in the day, that kid and his buddy would have been taken out in the hall and introduced to "Sally"......the name of coach's paddle. Different world nowadays. She should not have hit the kid like that. Quote Link to comment Share on other sites More sharing options...
baddog Posted April 8, 2016 Report Share Posted April 8, 2016 I always wonder.......why was that being videoed? Go to KFDM and read some of the comments. Quote Link to comment Share on other sites More sharing options...
BMTSoulja1 Posted April 8, 2016 Report Share Posted April 8, 2016 I happen to be in the know on this situation. Many say the teacher was provoked. Maybe so, but there's no reason to smack a kid around and then proceed to verbally abuse him. Was this even worth it? Now she will get her teaching license suspended, will get fired, and will probably miss out on her retirement (she's an older teacher that's been teaching for years). Quote Link to comment Share on other sites More sharing options...
TxHoops Posted April 8, 2016 Author Report Share Posted April 8, 2016 18 minutes ago, BMTSoulja1 said: I happen to be in the know on this situation. Many say the teacher was provoked. Maybe so, but there's no reason to smack a kid around and then proceed to verbally abuse him. Was this even worth it? Now she will get her teaching license suspended, will get fired, and will probably miss out on her retirement (she's an older teacher that's been teaching for years). She will still get her retirement if vested and sounds like she was. Probably better as her patience seems to be worn. I can empathize. Easy to want to smack a kid in the back of the head. Just can't do it. BMTSoulja1 1 Quote Link to comment Share on other sites More sharing options...
TxHoops Posted April 9, 2016 Author Report Share Posted April 9, 2016 1 hour ago, baddog said: I always wonder.......why was that being videoed? Go to KFDM and read some of the comments. Sounds like she was well liked, especially by her former students. Sad way to end a career devoted to kids. Hopefully she will get some kind of probation and will enjoy retirement. The kid never should have been hit but come on. Unlike what some of those comments suggest, we have better uses for our jail cells than some 63 year old lady who popped a student on the back of the head. Some of those folks should have had a couple of my coaches. And I don't hold any ill will toward them either. baddog 1 Quote Link to comment Share on other sites More sharing options...
tvc184 Posted April 9, 2016 Report Share Posted April 9, 2016 I am just wondering about how the criminal charges will fly or if the DA will even take them. Quote Link to comment Share on other sites More sharing options...
TxHoops Posted April 9, 2016 Author Report Share Posted April 9, 2016 10 minutes ago, tvc184 said: I am just wondering about how the criminal charges will fly or if the DA will even take them. I'm sure he will have plenty of people who want him to. To me, it's arguably a class c misdemeanor. In any case, I doubt very seriously there was any form of bodily injury. Quote Link to comment Share on other sites More sharing options...
BMTSoulja1 Posted April 9, 2016 Report Share Posted April 9, 2016 We take it lightly because she's an old lady? What if it had happened to your kid? Would it have been taken lightly by you? Quote Link to comment Share on other sites More sharing options...
tvc184 Posted April 9, 2016 Report Share Posted April 9, 2016 5 minutes ago, BMTSoulja1 said: We take it lightly because she's an old lady? What if it had happened to your kid? Would it have been taken lightly by you? Yes. Quote Link to comment Share on other sites More sharing options...
tvc184 Posted April 9, 2016 Report Share Posted April 9, 2016 6 minutes ago, TxHoops said: I'm sure he will have plenty of people who want him to. To me, it's arguably a class c misdemeanor. In any case, I doubt very seriously there was any form of bodily injury. The problem I have is that the Penal Code says that it is not a crime of any level. Quote Link to comment Share on other sites More sharing options...
tvc184 Posted April 9, 2016 Report Share Posted April 9, 2016 I have investigated way more serious incidents than slapping a student and the DA and in once case grand jury refused under Chapter 9. Quote Link to comment Share on other sites More sharing options...
TxHoops Posted April 9, 2016 Author Report Share Posted April 9, 2016 1 minute ago, BMTSoulja1 said: We take it lightly because she's an old lady? What if it had happened to your kid? Would it have been taken lightly by you? Would depend on the circumstances. If my kid had acted up deserving some form of punishment...in any event, I wouldn't want the lady in jail. I am not in favor of kids being "abused" but if you ask me, we have gone overboard in "empowering" kids. Case in point, I know of more than one case where father's in this area were convicted of a felony on a "bad spanking." Saw the pictures in a couple of instances and the kid's behind was definitely bruised. Again, since that's the standard, I would have had more than one coach who would have had a rap sheet several pages long. Are we better off by doing a "better job" of "protecting our children"? I would argue that's one of the biggest problems with our society today. But again, that's the law and we have a duty to abide by it. 5GallonBucket 1 Quote Link to comment Share on other sites More sharing options...
TxHoops Posted April 9, 2016 Author Report Share Posted April 9, 2016 5 minutes ago, tvc184 said: The problem I have is that the Penal Code says that it is not a crime of any level. 22.01(a)(3)? Quote Link to comment Share on other sites More sharing options...
TxHoops Posted April 9, 2016 Author Report Share Posted April 9, 2016 6 minutes ago, tvc184 said: I have investigated way more serious incidents than slapping a student and the DA and in once case grand jury refused under Chapter 9. Ahhh, I see your point. Quote Link to comment Share on other sites More sharing options...
tvc184 Posted April 9, 2016 Report Share Posted April 9, 2016 1 minute ago, TxHoops said: 22.01(a)(3)? The part in Chapter 9 that shows justification for conduct that excludes criminal responsibility. Note that it says any force other deadly force can be used "when and to the degree that the actor (teacher) believes the force is necessary". CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY Sec. 9.62. EDUCATOR-STUDENT. The use of force, but not deadly force, against a person is justified: (1) if the actor is entrusted with the care, supervision, or administration of the person for a special purpose; and (2) when and to the degree the actor reasonably believes the force is necessary to further the special purpose or to maintain discipline in a group. Quote Link to comment Share on other sites More sharing options...
tvc184 Posted April 9, 2016 Report Share Posted April 9, 2016 I am not sure why an arrest was made although it wouldn't be the first time that such an arrest was done for political reasons to quell a potential disturbance. Legally it is a crime however Chapter 9 gives a defense to prosecution and the DA, if charges are accepted, has to prove beyond a reasonable doubt that the force was either deadly (and it certainly wasn't) or it wasn't used for discipline. Quote Link to comment Share on other sites More sharing options...
baddog Posted April 9, 2016 Report Share Posted April 9, 2016 My first grade teacher would twist your ear, yank you up by one hand and spank you with the other, or paddle you. Guess she would have gotten the death penalty. Like Hoops said, we have gone too far removing discipline from society. Let a kid do anything he wants, he will lean towards the bad. I dont believe in hitting a kid in the head. This does not mean that I don't believe in corporal punishment. What she did was wrong, but jail time? I was being facetious in an earlier post about her going to jail. Funny how the only video we see begins with the head slap. No one was "rolling" before that? All phones should be confiscated. Quote Link to comment Share on other sites More sharing options...
BMTSoulja1 Posted April 9, 2016 Report Share Posted April 9, 2016 11 hours ago, tvc184 said: Yes. C'mon TVC. Smh Quote Link to comment Share on other sites More sharing options...
BMTSoulja1 Posted April 9, 2016 Report Share Posted April 9, 2016 11 hours ago, TxHoops said: Would depend on the circumstances. If my kid had acted up deserving some form of punishment...in any event, I wouldn't want the lady in jail. I am not in favor of kids being "abused" but if you ask me, we have gone overboard in "empowering" kids. Case in point, I know of more than one case where father's in this area were convicted of a felony on a "bad spanking." Saw the pictures in a couple of instances and the kid's behind was definitely bruised. Again, since that's the standard, I would have had more than one coach who would have had a rap sheet several pages long. Are we better off by doing a "better job" of "protecting our children"? I would argue that's one of the biggest problems with our society today. But again, that's the law and we have a duty to abide by it. Was that educator there to educate or smack a kid around then verbally abuse him all in front of the class? I have no problem with punishment that is protocols like paddles, referrals, suspension, expelled, ect. But you cannot do that. Obviously she was wrong because she was thrown in jail and will need to start a new career because she won't be teaching again... Any school, any district, and any state, this would be unacceptable, but there's people not only here, but all over social media that is justifying this....smh Quote Link to comment Share on other sites More sharing options...
BMTSoulja1 Posted April 9, 2016 Report Share Posted April 9, 2016 11 hours ago, baddog said: My first grade teacher would twist your ear, yank you up by one hand and spank you with the other, or paddle you. Guess she would have gotten the death penalty. Like Hoops said, we have gone too far removing discipline from society. Let a kid do anything he wants, he will lean towards the bad. I dont believe in hitting a kid in the head. This does not mean that I don't believe in corporal punishment. What she did was wrong, but jail time? I was being facetious in an earlier post about her going to jail. Funny how the only video we see begins with the head slap. No one was "rolling" before that? All phones should be confiscated. I have not problem with corporal punishment either. I'm all for it. But that wasn't. Corporal punishment. She lost it and hit his head and then started taunting... No way to sugar coat that. She was wrong. And what does it matter when the video was recorded? As adult, we are held to higher standards. Being an adult, AND an educator, you can't let a child take you there. If that's the case, then teaching is not for you. Also, this teacher is a tenured employee and thus is not her first teaching job. I'd expect this action from a 3 year teacher, not from someone that's been teaching 20+ years. mat 1 Quote Link to comment Share on other sites More sharing options...
TxHoops Posted April 9, 2016 Author Report Share Posted April 9, 2016 2 hours ago, BMTSoulja1 said: Was that educator there to educate or smack a kid around then verbally abuse him all in front of the class? I have no problem with punishment that is protocols like paddles, referrals, suspension, expelled, ect. But you cannot do that. Obviously she was wrong because she was thrown in jail and will need to start a new career because she won't be teaching again... Any school, any district, and any state, this would be unacceptable, but there's people not only here, but all over social media that is justifying this....smh No one said she was right on here or justified it. The justification aspect tvc mentioned is from a legal (criminal) standpoint. And I think most are okay (including me) with her losing her job. But the other discussion is locking her up. THAT I think is a bit overboard. Force her into retirement. From the video, it looks like it may have been overdue anyway. baddog 1 Quote Link to comment Share on other sites More sharing options...
tvc184 Posted April 9, 2016 Report Share Posted April 9, 2016 5 hours ago, BMTSoulja1 said: Was that educator there to educate or smack a kid around then verbally abuse him all in front of the class? I have no problem with punishment that is protocols like paddles, referrals, suspension, expelled, ect. But you cannot do that. Obviously she was wrong because she was thrown in jail and will need to start a new career because she won't be teaching again... Any school, any district, and any state, this would be unacceptable, but there's people not only here, but all over social media that is justifying this....smh I think she was thrown in jail for political purposes. Read the criminal law that I posted above. It clearly says that an instructor could use the amount of force that the instructor thinks is necessary as long as it is not deadly force. That is the law. Did she break school rules? Almost certainly. Was her temper out of control? Probably yes. Breaking school rules and losing your temper are not crimes. Hopefully the DA will do the right thing and not accept charges. Being that he is a politician elected to office that might not be the case. At the very least he should drop it down to a class C misdemeanor offensive contact and that would put it in the City Court or the equivalent of a traffic citation. That would be a fine only. I do not think that criminally would be correct however she could pay a hundred fine and walk out with no other record. baddog 1 Quote Link to comment Share on other sites More sharing options...
BMTSoulja1 Posted April 9, 2016 Report Share Posted April 9, 2016 1 hour ago, tvc184 said: I think she was thrown in jail for political purposes. Read the criminal law that I posted above. It clearly says that an instructor could use the amount of force that the instructor thinks is necessary as long as it is not deadly force. That is the law. Did she break school rules? Almost certainly. Was her temper out of control? Probably yes. Breaking school rules and losing your temper are not crimes. Hopefully the DA will do the right thing and not accept charges. Being that he is a politician elected to office that might not be the case. At the very least he should drop it down to a class C misdemeanor offensive contact and that would put it in the City Court or the equivalent of a traffic citation. That would be a fine only. I do not think that criminally would be correct however she could pay a hundred fine and walk out with no other record. So assault isn't breaking a law? If U see you and just start punching on you causing bruising and bleeding, maybe a bloodied nose, is that not against the law? That lady went for that kid's head. It's wrong in all aspects... And in the streets, if someone was just attacked like that, I guarantee you they would've been arrested...matter of fact, I'm willing to bet that if the teacher was some 6'6" man teacher and the student was small and petite girl, it would've been 'against the law' . Quote Link to comment Share on other sites More sharing options...
BMTSoulja1 Posted April 9, 2016 Report Share Posted April 9, 2016 Anyway, she got what she deserved, thrown in jail, and will get the rest of her punishment later. Good riddance to that loose cannon... Quote Link to comment Share on other sites More sharing options...
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