The boy who beat up a teacher at a school on Aviamotornaya is studying for straight B's and A's. In the Tyumen region, a student beat up a teacher in class: the principal was made the leader Beating a student by a teacher
Educational institutions, unfortunately, do not always employ qualified specialists, and in some situations they behave in an unpedagogical manner towards students. It is not uncommon for a teacher to use physical violence against a child. But does a teacher have the right to beat students and engage in assault?
In this publication, we will look at the nuances of the legal impact on teachers if your child is subjected to physical violence at school, as well as the type and amount of liability for such actions.
Punishment for beating a child by a teacher
In practice, if a teacher hits a child in class, this can be regarded as beating if there are no minor injuries. If a child was beaten to such an extent that he received injuries of varying severity, then the qualification of the act depends on the severity of the injury.
This offense without qualifying features may entail:
- fine - up to 40,000 rubles or in the amount of the defendant’s earnings for up to 3 months;
- compulsory work - up to 360 hours;
- correctional labor - up to 6 months;
- arrest - up to 3 months.
If the above acts were carried out out of hooligan motives or on the basis of racial, political, national, ideological or religious enmity or hatred, or on the basis of enmity or hatred against any social group, then the punishment occurs in the form of:
- compulsory work up to 360 hours;
- correctional labor for up to 1 year;
- restrictions of freedom up to 2 years;
- forced labor for up to 2 years;
- arrest up to 6 months;
- imprisonment for up to 2 years.
Important! The punishment for beating is quite harsh and even if you threaten to be held accountable for this, the teacher will lose the desire to offend your child.
If a child is systematically beaten, then we can talk about torture. Such actions without qualifying signs entail:
- restriction of freedom - up to 3 years;
- forced labor - up to 3 years;
- imprisonment - up to 3 years.
If a teacher beats a student and the beating is minor, then you must first try to resolve the conflict in the educational institution with the involvement of the director and psychologist. If the negotiations did not lead to the desired result, then it is necessary to file a statement regarding this fact to the police or directly to the court.
If all the teacher’s personal data is not completely known, then in practice they contact the police, police officers take measures aimed at identifying the guilty person, most often these are only interrogations of the victim and the suspect, and transfer the materials with the indictment to the court.
In this category of cases, a criminal case is initiated directly at the request of the victim (legal representative) and the investigation period should not exceed 1 month. Before transferring the case to court, the investigator approves the indictment from the prosecutor. The latter has the right to confirm the indictment or return the criminal case for additional inquiry.
Important! If the perpetrator is known and his personal information is available, then a statement regarding the beating can be sent directly to the magistrate’s court.
The application is submitted to the judicial authority with copies according to the number of persons against whom a private prosecution case is to be initiated. The application contains information that the applicant has been notified of criminal liability for knowingly false denunciation.
The application must indicate the name of the court and its address. It is necessary to describe the crime event, its time, place and circumstances of its implementation, the request for acceptance of materials for production, personal information about the victim, his passport information, personal information of the suspect, a list of witnesses called, the signature of the applicant.
If the beatings are systematic, then in this case we can talk about torture. Torture is not a matter of private prosecution and is of a public nature, therefore a criminal case can be opened not only at the request of the victim (legal representative), but also on the basis of documents identifying the crime, for example, on the basis of a police officer’s report on the discovery of signs (or composition) crimes.
Important! An application to the police department regarding the fact of torture is submitted in any form, however, it must clearly indicate the contact and passport details of the applicant, describe the crime event (date, time, place, alleged criminal) and make a note that the applicant is aware of the fact that a false denunciation entails liability for Article 306 of the Criminal Code of the Russian Federation. This statement can be made orally to a police officer, which is recorded in the protocol. The specified document is signed by the applicant and the person who accepted the application (drawing up the protocol).
So, in this article, we examined the nuances of the legal impact on teachers in the event that a child is subjected to physical violence at school, and determined the type and amount of responsibility for such actions.
ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.
What laws do teachers forget about when they kick a student out of class, take away their phone, publicly read school correspondence, or give a bad grade for absence from class? Lawyer Ksenia Pechenik tells.
Very often, parents are faced with complaints from teenagers about the actions of teachers. How to keep the line between the interests of the child and the pedagogical process and not quarrel with the school administration out of the blue? In recent years, the level of legal awareness of both school teachers, students and their parents has increased noticeably. Children have become more literate, and teachers are balancing on the brink of the educational process and the law. However, one can often hear complaints from schoolchildren about the use of non-pedagogical, and sometimes illegal, measures of education and punishment against them. So what does a teacher have the right to? Let's figure it out.
According to clause 4. Art. 55 of the Law “On Education”, when performing professional duties, teaching staff have the right to freedom of choice and use of teaching and educational methods. However, how to determine the boundaries of the acceptability of pedagogical methods? What is a teacher entitled to and what is not? Let's consider the most typical situations.
A teacher uses physical or mental violence against a student
It is no secret that students can be difficult, but despite this, paragraph 6 of Art. 15 of the Law “On Education” prohibits the use of violence expressed in physical or mental form.
If a teacher hits a child, slaps or slaps him in the face, he will incur disciplinary, civil or even criminal liability. It all depends on the nature of the damage caused to health. There is a known case when a teacher of one of the schools in Petrozavodsk was fired for slapping a 6th grade student on the head. The possibility of dismissing a teacher for using, including one-time, methods of education associated with physical and (or) mental violence against the student’s personality is provided for in Part 4 of Art. 56 of the Law “On Education” as an additional basis for termination of an employment contract at the initiative of the employer in addition to those provided for by the Labor Code.
Of course, cases of assault, especially with grave consequences for students, by teachers are extremely rare, but if this happens, it is necessary to record this fact. This could be a video recording, witness testimony, etc. If there are signs of beatings, they must be recorded at the nearest medical station and photographed, after which you can file a statement with the police or a complaint with the prosecutor's office. Depending on the severity of the harm caused to health, the unlawful actions of the teacher may be qualified under Art. 116 of the Criminal Code of the Russian Federation (beatings), Art. 115 of the Criminal Code of the Russian Federation (intentional infliction of minor harm to health), Art. 112 of the Criminal Code of the Russian Federation (intentional infliction of moderate harm to health), Art. 113 of the Criminal Code of the Russian Federation (causing grievous or moderate harm to health in a state of passion), Art. 111 (intentional infliction of grievous bodily harm).
The criteria for determining the severity of harm to health are presented in the Rules for determining the severity of harm caused to human health, approved by Decree of the Government of the Russian Federation of August 17, 2007 No. 522. and in the Medical Criteria for determining the severity of harm caused to human health, approved by the Order of the Ministry of Health and Social Affairs Development of the Russian Federation dated April 24, 2008 No. 194n. According to the current criminal legislation, there are several gradations of harm caused.
Thus, grave harm includes:
Harm dangerous to human life;
loss of vision, speech, hearing or any organ or loss of organ functions;
abortion;
mental disorder;
drug addiction or substance abuse;
permanent facial disfigurement;
significant permanent loss of general ability to work by at least one third;
complete loss of professional ability to work;
Moderate severity of harm to health includes:
Long-term health disorder (if the victim is treated in hospital for more than 21 days);
significant persistent loss of total working capacity of less than one third.
Minor harm includes:
Short-term health disorder (if the victim is treated in hospital for up to 21 days inclusive);
minor persistent loss of general ability to work.
Thus, if, God forbid, your child suffered from the actions of a teacher, his responsibility will be determined by law enforcement agencies, based on the consequences caused to the child’s health.
A frequent case of violation of a child’s rights is the confiscation of any items (phone, tablet, jewelry, etc.) from him at school.
The question of whether a teacher has the right to confiscate a student’s phone, tablet or other property that, in his opinion, interferes with the educational process, is perhaps the most popular on the Internet.
Answer: no and no again. Even if something similar is provided for in the school Charter, such actions by a teacher can be qualified as robbery (open theft of someone else’s property). If this happens, you must first contact the school principal with a complaint, and, if this does not help, the police - with a statement about the fact of illegal seizure of property.
Can a teacher kick you out of class or not let you into class?
Does a teacher have the right to kick a student out of class? Nothing is said about such a right, but something else is clearly stated. According to Art. 43 of the Constitution of the Russian Federation, everyone has the right to education. Universal access and free preschool, basic general and secondary vocational education in state or municipal educational institutions and enterprises are guaranteed. Therefore, if a teacher kicked a student out of class or did not allow him to attend class, you can write a statement to the school principal to remove obstacles to access to the educational process. If the situation repeats itself repeatedly, and complaints to the director have not brought any results, you can file a complaint with the prosecutor’s office or court.
We must also not forget that by expelling a student from a lesson or not allowing him to attend classes, the teacher risks being held accountable, including criminal liability if an accident occurs with the student at this time, or civil liability if the student commits some kind of crime. or an offence. According to part 3. clause 3 art. 32 of the Law of the Russian Federation “On Education”, the educational institution bears responsibility for the life and health of students, pupils and employees of an educational institution during the educational process.
The teacher took the note from the student and read it in front of the whole class.
This is illegal. According to Art. 23 of the Constitution of the Russian Federation, everyone has the right to privacy, personal and family secrets, protection of their honor and good name. Everyone has the right to privacy of correspondence, telephone conversations, postal, telegraph and other messages. Restriction of this right is permitted only on the basis of a court decision. Children are no exception. The right to privacy is guaranteed by Art. 12 of the Universal Declaration of Human Rights, according to which “no one shall be subjected to arbitrary interference with his privacy or family life, or to arbitrary attacks on his home, his correspondence or his honor and reputation. Every person has the right to the protection of the law against such interference or attacks.” All this is directly related to the content of student notes.
The teacher gave a bad mark for absence from class
The teacher does not have the right to do this, since in accordance with the Law “On Education”, the grading system is used only to assess students’ knowledge.
The question arises: what then should a teacher do if almost all usual methods are prohibited by law? In order to achieve the desired order and discipline in the classroom, there are many other pedagogical techniques and methods that do not involve violating the rights of students. For example, threaten a careless student with a complaint to the school principal, or by calling parents to school.
At the same time, each parent should study in detail the Charter of the educational institution. As a rule, it contains all acceptable punishments for students. However, if there are contradictions with current legislation, the school charter can be challenged in court.
Of course, “clumsy” methods of dealing with the school administration or with a specific teacher will not make a child’s life at school better. If the situation has not yet gone too far, and it is possible to resolve the issue peacefully without involving lawyers, you should consider involving a school psychologist or an independent mediator (intermediary in conflict resolution) in the negotiation process with the school administration.
In modern schools, conflicts occur almost daily. And if sometimes this is quite acceptable between teenagers, then a quarrel between a student and a teacher is very serious. If a teacher hits a student, he may face not only dismissal, but also actual criminal punishment. And this means a fine, forced labor and even prison.
Procedure when a teacher hits a student
Conflicts between students and teachers arise in many countries, for example, in Ukraine, Kazakhstan, etc. Russia is also no exception. If we talk about what can provoke a teacher to use physical force on a child, for example, hit him on the head, then there are many reasons.
It is known that children’s behavior often leaves much to be desired, and if the teacher was unable to organize the educational process properly, then it will be difficult to control the students. Constant psychological stress, possible bullying from schoolchildren or a nervous breakdown can cause the teacher to stop keeping himself within limits.
Note: no matter how children behave, the teacher has no right to use physical force against them.
When a student’s parents learn about the teacher’s actions, their first instinct is to contact the police. But in practice it is better to wait with the application. First, you need to resolve the conflict within the school by contacting the administration to clarify the circumstances. If the teacher is really guilty, then she will definitely bear responsibility.
If the case cannot be resolved peacefully, then the rights of these parents can be restored in court. Naturally, the process takes a long time. But if there is a need to stop and punish a teacher, then you should contact law enforcement agencies. The procedure consists of the following steps:
- registration and submission of a statement to the police;
- collection of evidence of beating (medical examination).
The application should describe in detail the circumstances of the case, indicate the personal information of the teacher and possible witnesses, as well as other important information. You can contact an experienced lawyer. The parent of the injured student can recover moral damages from the teacher. To do this, you should prepare and file an appropriate lawsuit.
What is the punishment?
- arrest (up to six months, no more);
- compulsory work (360 hours);
- correctional labor (six months, no more);
- fine (up to 40 thousand rubles).
If circumstances aggravating the punishment are revealed in the teacher’s actions, then he will face:
- compulsory work (360 hours);
- correctional labor (no more than 12 months);
- suspended sentence (2 years);
- forced labor (up to 24 months);
- arrest (six months);
- imprisonment (up to 2 years).
For intentionally causing moderate harm to a child, he faces serious punishment under Article 112 of the Criminal Code of the Russian Federation:
- forced labor (up to 36 months);
- suspended sentence (up to 3 years);
- imprisonment (up to 3 years).
In addition to criminal liability, teachers face disciplinary action and dismissal. Additional factors may influence punishment:
- hatred of the child;
- national, racial or political hatred.
These two circumstances could result in the teacher receiving actual prison time for his actions.
How to protect a child from unlawful actions on the part of a teacher
For a child, physical violence from a teacher is a serious psychological trauma. Therefore, parents are obliged to do everything right and not aggravate this conflict. On the other hand, not taking any measures is also wrong. If the school administration has ignored the parents’ appeal, and the police are in no hurry to take the case to court, it makes sense to transfer the child to another educational institution.
Parents of students who become victims of nervous teachers should not only be indignant and demand punishment for the teacher. It is important to understand that not a single teacher, if everything is in order with his psyche, will beat a student. But if you provoke it, which modern children are quite capable of, then something similar can happen. This problem is not only to blame for the teacher, but also for the parents, the lack of disciplinary measures to control the behavior of children, and much more.
Published 02/27/12 18:09
The student has already told why he beat two teachers. Meanwhile, a similar incident occurred in a Nizhny Novgorod school.
The teacher became the victim of an eleventh-grader at Tomsk secondary school number 41. The student beat up the teacher in the school cafeteria.
According to the student himself, who attacked teachers in the cafeteria, he had an uncontrollable attack of rage. After an 18-year-old excellent student hit 47-year-old chemistry and biology teacher Galina Pavlova on the head, the woman had to be hospitalized with a concussion and knocked out teeth, Life News reports.
The boy who staged a real intkbbach pogrom, taken to the police to give an explanation.
“I didn’t even understand how it happened,” Timur told the police. “I don’t remember why I started beating teachers...”
According to the student’s friends, he had a similar attack of rage two years ago. Investigators are currently working on the scene, questioning eyewitnesses to the incident. The student himself will soon be sent for a psychiatric examination.
As it became known, the victim teacher is the class teacher of the offender and the head teacher of the school.
The Russian Presidential Commissioner for Children's Rights Pavel Astakhov reacted to the incident. He stated that the eleventh-grader should be prosecuted if his guilt is proven. The Ombudsman added that it is necessary to carefully understand the reasons for this behavior of the student, Vesti reports.
Today it became known about a similar incident that occurred in Nizhny Novgorod school number 183. There, a teacher suffered at the hands of a 10-year-old student. The fifth-grader hit the teacher in the head several times. As a result, the teacher with 27 years of experience suffered a concussion. The schoolboy attacked the teacher after she reprimanded him - he was once again not ready for the lesson. The teacher threatened to call her parents to school, after which the boy hit her in the temple with a cell phone.
The bully's classmates reported that the boy was not afraid of punishment. He felt impunity, since his grandfather is the director of the school.
Another school scandal has become public knowledge. This time passions were in full swing in one of the schools in the Omutinsky district of the Tyumen region. Physics teacher Mikhail Guzairov was beaten by a 10th grade student right in class. The case went to court. After the attack, the teacher had to flee the village and become a defendant in a criminal case.
This was in March of this year. And although formally the end to this story has already been put: the culprits have been found and punished (the school director is fired: this is our typical solution to all problems...), the public continues to discuss this emergency: some call the teacher weak-willed, others are amazed at his courage: not everyone decided would make such a story public, while others are confident that the punitive measures taken will not change the situation for the better and say that “lawlessness is happening” in the education system and this shocking story is another confirmation of that...
Now - in more detail. Tyumen resident Mikhail Guzairov with his wife Margarita and children moved to the Omutinsky district in the winter of 2014. It’s hard to find teachers in the village, so Mikhail (who, by the way, is visually impaired) had to teach lessons in three subjects at once: chemistry, physics and biology.
“I taught a physics lesson for the 10th grade,” Mikhail told reporters. — Several students were playing with a tablet during the lesson. I reprimanded them. They ignored him. Then I went to the school principal. He was not there, and I went to the class teacher of these students. She was outraged and came to class with me. Entering the office, I scolded the boys who were disrupting discipline and left, and I continued the lesson.”
One of the students shouted: “Informer!” The teacher reprimanded him, explaining that it was impossible to talk to the teacher like that. But the schoolboy, without hesitation, attacked him with his fists.
“I couldn’t answer him, because I’m a teacher! I grabbed him by the shoulders so that he couldn't swing his arms. Other students immediately crowded in and separated us. But the guy managed to hit me in the face and body,” recalls Mikhail.
After this, the teacher came to the school principal, who began to calm him down and ask him not to make a fuss, and assured him that the student was already aware of his guilt and was going to ask for forgiveness.
There was no apology.
The next day the teacher decided to “stop the beating.” He was examined and received a medical certificate, which recorded bruises and suffocation. The attacking student also went to the hospital, allegedly to prove that the teacher had also beaten him, but the examination did not reveal anything. After consulting with his wife, the teacher decided to sue the offender. The schoolboy continued to “wage war.”
“He came to our house with friends, called us to talk and threatened. We repeatedly called the police and he immediately ran away,” Mikhail explained to reporters. “The high school students began to meet our son after school and talk to him. Life was unbearable. We decided to move to Tyumen again.”
In the courtroom, the student attacker was unusually calm, and student witnesses giggled and kept to themselves when they were supposed to testify. The attacker’s mother behaved aggressively, the judge made comments to her... However, by decision of the Omutinsky district court, the schoolboy was sentenced to 50 hours of compulsory labor.
The teacher and his family moved to Tyumen. But his “adventures” did not end there: another of his students allegedly remembered that he picked him up by the ear in class (Mikhail says that this did not happen), so now the teacher is again waiting for trial, but this time he will already be in the role of the accused.
What's in the "dry residue"? The aggressive student transferred to another school, the teacher left and decided to “give up” his teaching career (he now works as a technician), and the school where the events took place changed the management after numerous inspections...
Details of this shocking story published on the pages of the Yamskaya Sloboda newspaper. Recently, the deputy director of the department and science of the Tyumen region, Lyudmila Chebotar, made an official comment on this matter in the press. The words of the official show: the teacher is also to blame...
“As a result of the identified violations, the employment contract with the school director was terminated, administrative measures were applied to the deputy director for educational work and the teacher, who performed the role of a mentor according to his official duties. At the same time, we inform you that during the school year, teacher Guzairov M.N. It was not possible to build constructive relationships with students and work colleagues,” explains Chebotar. -Some of his actions towards students were recognized as incompatible with the norms of pedagogical ethics. In addition, facts of violation of labor discipline were revealed, which resulted in disruption of the educational process. These conclusions were announced to Mikhail Nagimzhanovich during the inspection, and he partially agreed with them. Recognizing the mistakes made in the work of an educational organization, we consider it necessary to point out the illegality of some statements and actions of a teacher, whose profession initially presupposes the presence of such personal qualities as pedagogical tact and restraint, competence in matters of psychological and pedagogical support for students and the ability to solve school problems.”
Apparently, this story will continue. Details have already surfaced that the schoolboy who attacked the teacher had previously been convicted, and not so long ago he shot a girl...
User Margot reported this on the newspaper forum:
“Another interesting fact, this student recently shot a girl in the leg, she must have been a very bad student)))”
Other responses appeared in the comments to the article. Here are some of them:
“In fact, everything was not like that. The situation occurred in March of this year. Both the teacher and the student were to blame. There were a lot of complaints about the teacher, and until the day of the incident, everything was heading towards this situation... Things didn’t work out for the student at that time (the girl quit and he lost the competition). And there were many witnesses to the fight. It’s just that if everyone had been interviewed, Mikhail Nagimzhanovich would have faced severe punishment. His past director was very sorry then and forbade him to speak.
And then Margarita Faritovna went to school to make trouble, insulted the children, and wrote a statement against another teacher. The Nagimzhanovs are not such good and balanced spouses, they are just playing for the audience. Yes, and they probably kept silent about the fact that they received money from school before leaving, they kept silent about the fact that Mikhail Nagimzhanovich did not teach classes after the incident, but sat on his netbook and looked for how to get out of the situation more profitably. They lied a lot to the author of the article. It’s a shame that they believe them, but we are not allowed to speak.”
“Further proof of how difficult it is becoming to work in school. And the court’s decision - 50 hours of work - is simply a mockery of the teacher. Why is there no compensation for moral damage if the student’s guilt is proven? Soon there will be widespread cases of shooting of teachers, as in America. This is not a problem of this school, but of the entire education system, when the authority of the teacher was purposefully destroyed.”
“What a sentence - 50 hours, this is a mockery. Such a disrespectful attitude towards the teacher, in addition, is also covered by the school director, to drive in the neck and figure out why the redneck mother is rude to the student, why the director, who let the situation out of control, quits without investigation or punishment, the student transferred and will graduate calmly - do not allow for his exams. That’s why young graduates of pedagogical institutes go to work as consultants and salespeople, and not to school.”