Assault & Battery Assaulted by College Teacher, Manhattan

[reble4]

Jurisdiction

New York

My daughter is currently in college at a private art school in Manhattan. Her teacher has know issues of rage and anger within the classroom. Yesterday, my daughter was checking her phone. He got mad at her and took off his watch and threw it very hard at the back of her head. I ultimately had to take her to Urgent Care where she was diagnosed with a concussion and severe anxiety from it. Additionally, now the other students who were afraid to complain about him are giving her a hard time causing her even more anxiety. I contacted the school to let them know what happened and also about his outbursts of rage in the classroom and that he also thew a ruler at another student last week which the student did not report because she is afraid of him. After an internal investigation was done today at the school, he was terminated from the position.

The school was made aware a few weeks ago by the students of his anger out bursts and did nothing about it.

Should my daughter be filing a complaint with the police about this assault? She is afraid this man will retaliate and run her reputation in the small art industry profession.

I want her to file a police complaint to document this incident and the assault and injury then when she is done school in April, have her sue him and the school as they allowed a hostile and unsafe environment for her. I am paying over $25,000 plus the costs of an apartment rental for her to go there and get assaulted!

Do we have a leg to stand on by filing a complaint and a lawsuit against the school and the man who assaulted her?

Thanks!

 

[army judge]

Should my daughter be filing a complaint with the police about this assault?

If she were MY daughter, you betcha she'd have reported the incident to the police the moment it occurred.

If your daughter is an adult (as in age 18 or older), it is her call to file the complaint.

Each day she delays filing the complaint, it might get harder for her to prove what happened.

Do we have a leg to stand on by filing a complaint and a lawsuit against the school and the man who assaulted her?

There is no we.

There is only SHE, your adult daughter.

She can certainly sue the instructor and the school for his violent attack upon her person.

Which is why she should file the complaint with the police no later than 5:00PM tomorrow, if not tonight!

 

[reble4]

If she were MY daughter, you betcha she'd have reported the incident to the police the moment it occurred.

If your daughter is an adult (as in age 18 or older), it is her call to file the complaint.

Each day she delays filing the complaint, it might get harder for her to prove what happened.



There is no we.

There is only SHE, your adult daughter.

She can certainly sue the instructor and the school for his violent attack upon her person.

Which is why she should file the complaint with the police no later than 5:00PM tomorrow, if not tonight!

I know, I keep saying "we" when it should be she! We live in Southern NJ so I picked her up from school immediately and drove her home to go to Urgent Care. She has been in bed all day today from the concussion but I will be driving her back to NYC tomorrow or else I would have filed the report yesterday.

I called the police and they said she can come in tomorrow to file the report. It is now a matter of convincing her that it is in her best interest to file one. Why should this man get away with assaulting her! She is afraid he will retaliate if she files.

 

[army judge]

Why should this man get away with assaulting her

Indeed, this violent, abusive batterer of college students must be prosecuted to the fullest extent of the law.

She is afraid he will retaliate if she files.

She has nothing to worry about, the thug doesn't know where your family home sits,

She might also seek an order of protection.

The police can assist her with instructions on how she can obtain one.

 

[cbg]

Although I do not disagree with the answers above, she should also be discouraged from checking her phone while in class.

 

[army judge]

she should also be discouraged from checking her phone while in class.

I agree, we all should follow the rules.

I'm sure you'd agree with me that checking your phone doesn't allow anyone to commit a battery upon your person such that you incur a concussion.

I don't know why people are using violence.

There is no place for violence in any school setting.

There is no place for violence in a civilized nation.

My wife has had to terminate two teachers this year, one with over 30 years experience.

She chased down a student violator and threw her mobile phone at the idiot 14 year old.

The other teacher had a mere six years of experience and threw a stiletto at child who refused to speak only French in a French I class. She had been battling with the 15 year old for the past three months about the defiance.

Choices have consequences, but violence is never a solution.

 

[reble4]

Although I do not disagree with the answers above, she should also be discouraged from checking her phone while in class.

I somewhat agree. They are adults in college. There is not a "no phone" policy in class. So out of respect, yes she should not have had it out. But does getting hit with an object by a teacher who is supposed to be a positive role model just because she was on her cell phone justifiable? I don't believe it is.

 

[Disabled Vet]

I will use your statement.... If it was that serious why drive so far to seek treatment? In your first statement you said (ultimately) had to take her to treatment. Then you stated ( picked her up from school immediately and drove her home to go to Urgent Care) You're doing on the explaining... You need to let her explain what happen. She is the only one that can report him to the cops. I not begin to tell you what the military will throw at you if you screw up.

 

[cbg]

I'm sure you'd agree with me that checking your phone doesn't allow anyone to commit a battery upon your person such that you incur a concussion.

Absolutely I agree. I never said it was justified.

 

[adjusterjack]

Should my daughter be filing a complaint with the police about this assault?

Hell, yes. A crime of violence was committed against her. I can't believe you are even asking that question. Jeez.

 

[mightymoose]

She is afraid he will retaliate if she files.

She can't live her life in fear of what others may do. Instead others should fear what she might do- which is to hold them accountable for their actions.
If she doesn't report it she allows this person to get away with it and make up whatever story he wants for losing his job.

 

[reble4]

She can't live her life in fear of what others may do. Instead others should fear what she might do- which is to hold them accountable for their actions.
If she doesn't report it she allows this person to get away with it and make up whatever story he wants for losing his job.

You are so right. I am going to tell her this exactly what you said. I am having a hard time convincing her to file a report but I know she NEEDS to! She doesn't want him to retaliate as he was already fired for it and her fellow students aren't speaking to her. It has turned it to a gut wrenching nightmare.

 

[zddoodah]

Should my daughter be filing a complaint with the police about this assault?

That's up to her. It certainly wouldn't be unreasonable for her to do so.

Do we have a leg to stand on by filing a complaint and a lawsuit against the school and the man who assaulted her?

There is no "we" here. Your daughter is, presumably, an adult, so it's up to her to take any action. She can report the matter to the police if she wants. The police may or may not choose to investigate. If they investigate, they may or may not arrest the man and may or may not refer the matter to the district attorney to file criminal charges. If the police refer the matter to the DA, the DA may or may not choose to file charges. Likewise, your daughter can sue the man and the school if she wants. While you can report the matter to the police over your daughter's objection if you want, you have no standing to do anything else.

 

[army judge]

You are so right. I am going to tell her this exactly what you said. I am having a hard time convincing her to file a report but I know she NEEDS to! She doesn't want him to retaliate as he was already fired for it and her fellow students aren't speaking to her. It has turned it to a gut wrenching nightmare.

If she believes she is being bullied she can accept her fate, or complain to the administration asking to be assigned to another class.

If she wishes to accept abuse from anyone who chooses to dish it out, the world is filled with millions of subhuman brutes who will eagerly accommodate her, battering her into submission, as well as a sobbing mass of slobbering, bleeding flesh.

 

[Michael Wechsler]

The answers are not always easy. Why are the other students angry at her, especially since she was clearly the victim of a violent episode which directly led to her receiving a concussion? Perhaps the teacher / professor in question may be influential in the art world and seen as an asset. Or perhaps only some of the students seem to have problems - as there was apparently another potential violent incident which was reported by another student. There are many unanswered questions which may impact on best course of action.

Filing a criminal complaint is a serious matter and also creates a public record. Doing so doesn't allow the incident to remain private and allow for the parties to settle confidentially and move on with life. I don't know that filing immediately changes the fact that your daughter is thankfully out of danger and there is no known imminent threat of physical harm. What I'm saying is not a reason to protect a wrongdoer from being punished to the maximum extent of the law. This is not a simple decision. You should certainly speak to an experienced attorney about plotting an appropriate course of action that makes the most sense for your daughter and designed to obtain the justice she deserves.